Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-03-02

sufficient to carry down the matter put into
the river by hydraulic mining.
At 1890 the Court took recess until 2
Pm
Afternoon Session.
At NJ Mr.. Cadwalader resumed his re-
view of the testimony, analysing the state
ments of Witnesses as to the transportation OF
debris in the American river. He claimed
that it must be accepted as true in the case
that the material from defendants mine de-
posted in the river does in large part come
down the river, is in large part composed Of
sand and cobbles, and that the current is and
has been sufficient to move it. He claimed
that whether the maximum or minimum of
water used by the defendants mine be taken,
it discharges into Canyon creek 10000 cubic
yards per day, and that in that matter there
is no matter az large as an egg, and not a
particle of cement. This was after
1875, and prior to that it was fully
equipped and worked the Bay State
claims. He held that almost ary kind
of sand can be found at the mouth of the
American river, and that it came from the
Gold Run mine, and the like, and that it is
wholly unlike any of the natural soil of the
valley. It is an imp0sture to claim that the
defendant has no further power to damage
the valley, and it cannot go on and work out
$4,000 900 yards, as defendant claim, up
to the railroad crossing at Gold Run, and not
do damage to the valley, which Is the propo-
sition of the defendant. The valley is emit.
tied to have clear water come from the
mountains to DO its duty in occurring out the
streams, and in taking up the sediment in the
TO NhE no
plaintiff is entitled to the relief demanded
for the protection in the future of the people
yet to live along the rivers, and to protect
Suisuu Bay from total destruction. He pro-
nounced the trio in San Pablo Bay by the
witnesses and officers of the Miners Associa.
ton to be deliberately prepared
nIPosTURE-
A pretense to be seeking after the truth
with no intent to fad it. or to ascertain
whether mining sediment is deposited in San
Pablo bay. They went up Sonoma and Pet
aluma creeks looking for mining debris. and
came iuto Court ready to answer to formu-
lated questions. SO, too, witnesses for tie
defense, when cornered as to material coming
down the river, uniformly switched off by
saying they were talking of the bottom of the
pit of the mine, which in fact has been
worked very little. So, too, when cornered
as to what became of the top material, they
would entreuch themselves behind the state.
ment that it remaios in the canyon and the
upper reaches of the river, aud one witness
went to the extent CT saying that the material
would have remained in Canyon creek if they
hadn't constructed fumes in it TO carry the
matter, and yet that creek has almost precip-
itous fall. AT times the defense claimed the
rivers to be powerful beyond description, and
again as weak as the sinews of children. At
one tina claim the material was swept no
further than rine miles below Canyon cresk,
and again that it is lodged aDd buried
in the sand and cannot be moved.
He referred ct length to the changes il the
rivers Of California in brief time, and
secuted the idea that natural wash accom-.
plished them, and said it was clearly proven
TO be the direct result of hydraulic washing
Of top gravel. Mr.. Cadwalader read from
scientific works to show that hard rock
moved in mountain streams is ground 10
sand, ETC.. and that in streams by no means
so rapid or furious as those of the Sierras.
On the question of right gained by the by.
draulic miners by
He said, if there was custom to 30 mine it
was not general, but only in districts; and ii
a custom, one destructive of property of
others, and SO nuisance and if custom,
then against the express statutes of the
State. On the matter Of hydraulic mining
being supported by judicial decisions
of the Courts of the State, he held
that the Counts had always war ned
the miners that they must take care of their
tailings, must not injure the property of 9th.
ers under the pretext of mining, and would
be held in damages. ard restrained by il.
junction. 5 Cal, sos q cases); 6 CAL, 45 /;
Cal, 4fO; Cal, Mining Company VS.. Free
mont s Cal, Hill VS.. King 9 Cal, Jones
w. jackson IL CAL, Winery va. LaFerv !;
IL Cal, Warning vs.. Grove; % Cal, Es-
y Cal. Hill va. Smith, this latter being an
especially important case, wherein it is de-
clsred that the maxim 80 enjoy your prop
erty as not to injare your neighbor
has lost none of its force SIS applied
to mining and the use of water. So too 81 Cal,
90, As Cal, =, and 80 Cal, 40l, and finally,
Robinson VS.. The Black Diamond Mining
Company last year, the decisions being uni.
form il support Of the maxim above quoted,
Sic utere tuo ut Giienum ron Iaedas." As
to customs Is Allen, 321, q custom in the
i've by seyen-mile Gold hun district is not
binding outside OF it. What might not be
tcespass there might be outside of it. Gus
toms must have reasonable beginning, GER
tainty, continuance, and agree with the
Kings prerogative. custom unreasonable,
or to do tort, ETC., is unlawful Several cases
citedl. l. is a remarkable preteDse of the
defendant that these deposits of clay, sand
and gravel on tillabls land improves it, and
hardly worthy attention. The deposits in
fact constitute taking of the land without
compensation. The Supreme Court OF Cali
fornia in 40 Cal. sat down on the doctrine
that miners may select and appropriate min
ing outlets without consent of the owners or
those equally interested therein. AS to
THE QUESTION OF HEALTH.
The position of the defendant practically is
that you may cut off natural drainage by
filling UP the rivers, stop the artificial drains,
disorganize the sanitary system of the couu-
try, raise the river beds, create swamps, OBJ
struct the flow of water, etc., and still not
ipiure the health of a community. But for
these things the valley would have by this
time have been free from fever and aqua. He
pronounced as another iDposture OF the de-
tense the idea and claim that cattle by the
thousands, and sheep by ths tens OF thous.
ands, are annually driven to the mountait
to feed on the plentiful grasses and rich vege-
tatior, and yet the erosion is such that TIE
natural wash is greater than that made by
hydraulic mining. The proof is that the
snow of the mountains protects vegetation,
and that the smallest hJwers annually put
forth as do the grapes, and the erosion is so
siis that their roots are not taken out. The
surface is hard surface, and on it grow up
Young pines in vast numbers, so that even the
tree seeds are not washed away by natural
wash. Yet they tell us the rains are washing
eff the whole surface, but the analysis shows
us we get none Of the vegetable mold that
supports vegetation in the mountains, but
only the worthless sands. With recital OF
the issues made by the pleadipgs, Mr.. Cad
walader concluded, and at $40 p. NJ. the
Court adjourned until 1880 P. NJ.
Evening Session.
At 7:sO P. NJ. Mr.. S. M. Wilson, for the
defense, addressed the Court. He reviewed
briefly the conditions out of which the State
government grew and society in California
was formed, and said they were such as to
give rise to the strangest and most difficult Of
IL f. IS fba