Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-03-01
DEBsIS.
RESUMPTION OF TIE GOLD RUN CASE
BEFORE JUDGE TEMPLE.
Fiftieth Day Of the Slickens Case IL
Court = Mr.. Cadwalader's
Argument.

Fiftieth Day of the slickens Case in
Court = Mr.. Cadwalader's
Argument.
The argument in the case of the People VS..
the Gold Run Ditch and Mining Company
began yesterday in the Superior Court before
Judge jackson Temple, Of Sonoma county.
The Court sat in the Court room of the Su.
preme Court in the State Capitol. There
were present all the counsel in the case that
have been engaged in it from the be.
ginning. At 1:S0 p. NJ. George Cadwal-
ader, for plaintiff, opened the argument.
There is presented herewith close synopsis
of his remarks. Mr.. Cadwalader said, in
opening, that 1919 was marked by a great
immigration to this State of men who began
to mine in the Sierras, without much thought.
They arrived in the low water season, and be-
gan to explore and prospect on the streams
from the Feather to the Tuolumne. They
were largely unconscious of the presence of
gold outside the bars and banks of the noun.
tain streams. The early rains of 49 drove
them from the bars, and they began to ex-
plore gronslds mat could be mined from No
vember to June. Their energy led to dis
covery of the dry digeings of the period.
generally on dits from to l, 800 fee. above
the river banks. and on ravines leading to the
water courses. With the winter waters they
developed these diggings. The river mining
added nothing to the channel of the river.
and thus no harm was done, but it began
with the dry diPgings. For several years
the discoveries of gold in California kept the
world electrified with excitement, ard for
years immigration poured in. 10 1850 it is
estimated there were 40, 900 abls-bo2ie6 min
ers in Fl Dorado county mining over the
original drifts in the rivers, snd working the
dry diggipgs. Plscer and Nevada were sup
posed each to have 10000 miners at work.
These people worked with
PICK, SHOVEL AND PAN.
The presence of 80 many men had great po.
litical significance, and gave Placer, FL Do
RADIO and Nevada large legislative repre-
ssntation. ALI that these miners took from
the rivers was the infntesimal quantity of
gold. The South Fork of the American was
worked out, and tie miners suddenly left by
the thousands, and by 1859 few or no Miners
merely cleaners. Apparently there was
nothing more to do by the Argonsuts. What
did they do? They had not defled SO as to
take out of usefulness any OF the waters with
in the mining area. Down to 1859 there were
no signs of mining debris or erosion from the
hard and precipitous river sides, and the Sac
ramento right here was remarkably clear from
material msrring its usefulness. Here at
Sacramento was the spout for the great wash
Of all the basin. and it didn't even make a
bar. 1t did not take away lis original char.
acter of river and estuary combined. The
Feather, Bear, Yuba and American were
then remarkably pure. The waters were the
pure product of either snow or evaporation of
salt water. When Robinson went to the
Yuba in 1865 he was surprised at the purity
of the water, and Knight says there was no
deposit in the South Fork prior to 1857,
and Hoxie says the same. Fish went
up the rivers, aud they were
the spawning grounds of salmon.
So down to 1862 there was no cause to be
found for the complaint set forth in this case
The Sacramento was navigable. and was navi-
gated, and the Capital did not come on the
river till 1852, and the Chrysopolis in 1861
great steamers-buils for the rivers. The
owners knew the rivers to be navigsble then,
and had reason to believe they would so
remain. They knew then that thousands of
miners had worked for years in the riyers and
turned their beds up in searching for gold.
They knew even that they had brought water
to their aid by bitches. The Bear river ditch as
early as 1855 supplied water to the divide below
Colfax, and others were supplying water even
as far back to 1851 and 1852 Il is a fixed
fact that early mining was conducted with
plenty of water. The navigators of the rivers
knew these facts, that the miners had use OF
alimitsd water, and vet had not impaired
the navigation of the Sacramento river. So
~ = i
afforded the public still greater
TRANSPORTATION FACILITIES.
That condition OF affairs remained till one Of
the navigation companies found one Of lis
steamers impounded at Sacramento by bars
formed below the city. Captain Foster says
there was no material obstruction until 1865,
say other captains who were witnesses.
When did hydraulic mining begin ?
Testimony is here that fixes the period
at probably from 1855 to 1856, but that is
nonsense and is intended to embrace all
kinds of mining. But in fact hydraulic min
ing reached no great degree of magnitude till
1866. Its elimination was at just the period
when the old pilots found the first shoals in
the Sacramento river Bowie's History of
Hydrauliug Mining Up. 49, places the Begin
ming of hydraulic mining in 1866, when it be-
gan with one giant leap into existence. IT
that is coincidence, we are entitled to the
benefit of it. It was then that the people be-
gan to see there was damage being done, and
that it was becoming more difficult to pursue
agriculture and TO reach the waters edge
From that time to this the difficulty has in.
creased, and levee building has become more
and more necessary and difficult. But the de-
fendaIt says the condition of the valley was
always so bad, that the question of It's habits-
tion ceasing was bat a question of time. We
say to that, that the tree growth on the
plains. the river banks and the islands were
oak and walaut, and that, natural history tells
us, are associatediwith animals not amphibi-
Gus, and that they could not live with stand
ing water about their base. This vegetation
proves that which We know to be true, that
man can always dwell with safety and with
profit beneath the oak tres. The trees Of the
valley proves that it was habitabie for ages.
Bnt they say the valley was flooded at times,
and that from the Capitol dome a sea of water
at time can be viewed. seeking to show tina.
the valley is not fit for habitetiop. In all
valleys through which great rivers run there
is q food plane. and where Sacramento,
Washington, Rio Vista, etc, are located, are
parts of the food plane. but no more SO than
is true on the Mississippi, Ganses, Ooio,
james, Kanawah, the Po. etc. These flood
plains are the most valued lands of the globe,
say the authorities (citing). 1t is scientific
impudence that
THE FLOOD PLAINS
OF the valley growing the oak, walnut and
sycamore are not ft abodes for men. But
the early foods produced more of the diff.
culties complained of here, not even from the
Hood of 1862. John Rider says the hight of
the water at the north end of Twenty. sixth
street in Sacramento. in 1862, was about one
foot above the natural soil But they say
the food of 1862 sowed the seeds of early
ruin. That deny in toto. There is no more
Importance to he attached to such floods in q
valleys food-plains, with their trees. than if
it had not occurred. The flood of 1882 on tie
Ohio is the only one in 100 years that COM
pares with that of 1862 in California. This
valley is old, but not so old as the hills about
it. It was once lake and was filled from
the Vegetable mold of the Sierras; got its
richness from the hills. Il was made to suit
the purpose just as the rivers were formed
by movement on rock surfaca, until the
masters work was done. Then psrma-
nent vegetation appeared. Then the
Cao~a,uorfo raca;yad its Enal form Rut