Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-03-01

rivers. lie did not expect when De went
! into the Bloomfield to have 10 put in half .
million dollars in it. The expenditures Of
the mines had been greater than the income
s., S5s, 900 as against SSG0. .000 Should not
such improbable business be curtailed when
1t is the cause of so much mischief
Bowie on hydraulic mining says (psge
2Sl: The North Bloomfield mines In
1896 were using ~ 600 miners inches OF
water. Suppose Smith aud Robinson had
been compelled to have done as others have
to, take care of their own waste what then
would have been the call upon the stock
holderss 1t is an atrocious fsllscy to imputs
to the people of the valley that they intended
the destruction of quartz and drift mining,
etc. Mr.. Cadwalader here reviewed the tes-
timony to show the unpro6tsbleness Of hy-
draulic mining, and the great amount of
'earth they wash down. He took up the
various divides, named the mines thereon.
and stated the area worked out, depth, etc.
to show that hydraulic mining is uurroita-
BILE. For large thing, he said, hydraulic
mining is remarkable small, aud seems to be
In process of extinction, because of the reck-
less manner of their methods of working the
mines. The operations of these mines to the
stockholders have been quite as disastrous as
the effects of the miuiGg upon the peopleSf
the valley. Mr.. O'Brien admits on the stand
that Colonel Msndell's map in his report cor
The river crossing of the Yuha has come
to be
TWO MILES WIDE
Within comparatively short period of time.
As you go up that stream the deposit from
the mines is found to be IS great rs $50 feet
in depth, and Roses Bar, once a large town,
is said to be 20 feet beneath the surface now.
In whatever way you go you must cross de-
bris deposit to get into MarysvIlle, which ex-
lists simply because her people have borne
enormous taxation, and she is assailed by these
hydraulic miners. What is country to
come to that suffers anything of that kind TO
occur! Take Bear river and the condition is
still worse. Why, the river Nile, in all the
4 900 years of it's record, has made at its
mouth deposit of but fourteen feet, or. lie
Conte says, three and half inches percentury.
Shall the destruction OF the streams Of Cali.
fornia be permitted to go ons Ii so, what
will the country come to? Can there be any
greater injury than that which drives a
people from the homes OF the valley! The
cry for relief is earnest, Though late. Sup
pose Mr. Smith should so to Cincinnati and
offer to wash down hill into the Ohio, or to
wash down the banks of the Hudson, or the
slopes rising from the Rhine, all on the plea
that he was to develop rich ,nines, would
the nation permit it on such plea? APP
peals to protect an industry, to be of avail
at all. must show that its character is of a
bene fetal kind. IL l 600 laboring men viii
be discharged on the Nevada divide by the
stoppage Of hydraulic mines, as Judge Searls
says, what shall that count against
the cry of the ten thousand injured
By their laborsg 1t is matter CT
INFINITE REGRET
That this contest must come on. but for years
it has been apparent that it was coming, and
the hydraulic men knew it, and they were
foolish not to prepare for it. Bowie Up. 15l
told them that the effects of hydraulic mining
Oh lands. the navigsble stresms, etc, must
bring it into conflict with the agricultural in
terests. One writer, superintendent of
mining, boldly advocates the purchase by the
National Government of q large part of the
valley, to be turned over to hydraulic miners
for destruction. We will be told that here
is great public interest, corporations en-
gagged in bene6ting mankind. that gold
mining must go on at all hazards. and
not be checked by such insignificant
interests as that of agriculture. 1t seems ab-
surd that any one should hold that the peo-
pie living on banks of the nayigable streams
should be forced to bear the burdens of hy-
draulic mining. The Government of the
United States intended the navieable rivers
to be the great free highways of the people
forever. California is prohibited by Con-
gressional Act from obstructiug the navigable
streams. What obstructs them more than
these moving bars of sand. In the Willamette
tri1gs case Oregon. parties had franchise to
build bridge at Portland, bat so as not 10
obstruct the navigation of the river, and
the bridge must have draw of 100 feet in it.
Some warehouSemen contended, nevertheless,
that their use Of the river was obstructed.
judges Deadly and Sawyer held that, not.
wi.hstsndiug the draw in the bridge, the
structure would be an obstruction to the psvi-
CATION of the river ard the free use of it
by the people Of the land. Extracts from
the decision were here read, the case not
yet being reported and counsel reading from
copy If the decision furnished by Judge
Sawyer.l That case held the bridge to be
material obstruction, and the Court refused
to consider the convenience of the people on
either side of the river desiring to use such
bridge; that appeal must be made to Coz
gress to adjust conflicting convenieuces.
Counsel here read from several Eastern au-
thorities holding that navigable streams
must not be obstructed, and that
THE STATE CANNOT
Put or authorize material distractions into
navigable rivers within their boundaries
rs Wis. Reps. IA; Peters. 145; 3 Wall,
713; 8 Wall, 794 Woodbury., 401 IL
How, SIS 6 Mclean, 204 /; Mclean, 237;
IS Fed. Reporter, 7S4 Congress cannot
authorize anything that will materially inter
fere with the navigation Of rivers. Wood on
Nuisance lSec 597) says the general Gov
ernment has the superior jurisdiction over
the streams, and the State cannot permit
an act which will materially interfere
with the navigation Of the streams,
If the State confers such an authority it
is of no effect, and one acting under
tits liable to indictment for the public nui.
saDce. The State has 4 quasi jurisdiction
over the streams, bet it does not 60 to any
extent that will prevent the free navigation
of the stream. Counsel read st length from
several sections Of Wood on Nuisances,"
showing that possible or real benefits of river
Instructions that ara nuisances cannot be
considered. To do so would be to enter a
realm into which no Court can enter.
These points Mr.. Cadwalader further elab-
Grated, and shortly before P N. the Court
adjourned until $50 a. NJ. to-day.