Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-06-16
THE TIME HAS COME FOR A SET
ELEMENT.

they are entitled to complete protection
for their property from the flow Of debris
from the mines. They are no longer
hsrassed by the uncertainties and dangers
attending the prospect of an indefinite
continuance of the erosion of the hills.
1t is true that they are still menaced by
the accumulation of debris which has
already passed beyond the restraining in
Auence OF dams, but they have right to
look to Congress for relief from this dan
ger, and it cannot be doubted that the
national legislature will recognize its-ob-
legation in the premises. Apart from this
consideration the farmers have good reason
for congratulation, and since the leading
miners appear disposed to accept the situa-
ton, and to conform to the conditions pre-.
scribed by Judge Temple in bis decree, it
must be obvious to every intelligent mind
that the time has arrived for a friendly
meeting between the representatives. OF
the parties to the controversy, with a
view to final settlement which shall rem
der further litigation unnecessary.
Hamilton Smith said to q correspondent
OF the RECORD UNION that aft the valley
people accept in good faith the decision
" OF Judge Temple, it is understood thatit
twill not be considered altogether uDpal-
"atable to the miners. For the past two
cor three years this cloud OF litigation has
hung over these mining properties, al.
"most running their values, and the COM
promise measure proposed by Judge
Temple they hope will finally settle and
lend this bitter controversy. Leading
hydraulic mine. owners on the Yuba river
"propose at once to take steps towards the
construction of dams for holding back
"the heavy debris from their mines, in
accordance with the decision. They say
"that they have long before proposed to
the valley people below them that the
miners would impound the debris which
"may in future come from their mines,
"provided the General Government or
''the State would take care of the exist
"ing deposits OF debris in the Yuba, which
represent the accumulations of mining
for the past thirty years." Here is the
basis for an arrangement which can be
made without any difficulty by Joint
Convention of Farmers and Miners, ard
which will have the advantage of settling
the whole matter in dispute finally and
economically.
II, as now appears, the miners are will
ing to accept the situation, it is perfectly
evident that there can be no necessity for
further legal proceedings. On the strength
of Judge Temples decision the farmers
could doubtless proceed to sue out iniunc-
tons upon oil the hydraulic mines, and this
would be the natural course supposing that
the miners refused to accept that decision
as final. But if they recognize the futility
Of further resistance, as Mr.. Smith clearly
intimstes their disposition to do, then it is
the part OF wisdom for both sides to meet
and exchange guarantees, and arrange the
terms of a conclusive compromise. The
basis of that compromise is already clearly
marked out by Judge Temple. It must
proceed upon the understanding that the
miners are to take care of the heavier
debris, and that until they have erected
the necessary restraining works they are to
cease mining. The farmers on their side
would be required to agree not to take any
further proceedings in the Courts against
the miners, provided that the latter ad-
hered faithfully to their compact. As the
law has been decided to rest with thefarmers
it is plain that they need not apprehend
any evasion on the part of the miners, since
the latter can now have no hope but in a
loyal fulfillment of the conditions laid down
by Judge Temple.
The situation is most favorable to Joint
| Convention of this kind. Hitherto such a
proposition has been hampered by the
difficulty of finding binding guarantees.
The recent decision has removed that diff.
Guilty entirely, for it has given the people
of the valley commanding position. They
must therefore realize that they have to-
day the best possible guarantee for the
observance in good faith Of whatever
terms may be agreed upon. The miners
on their part have to make their choice
between continuance in . probably hope.
less litigation, and final acceptance of a
situation which is really identical with that
which they have already endeavored to
bring about. There are no doubt some
among the valley residents who are dis.
posed to push litigation all the harder
because of their present success. We ad-
dress ourselves, however, to the reason and
intelligence of our readers on both sides,
and ask them to consider candidly what
possible good further litigation can effect,
if the miners are willing to concede all that
such litigation could gain, without it?
We write in the interest of both par.
ties; in the interest of good feeling and
economy. 1t is for the best good of Cali
fornia that this case should be settled
speedily. Both parties have already ex-
pended far more upon it than they can
afford. If, therefore, at this stage of the
case it is possible to obtain an adjustment
on the basis of Judge Temples decision,
we are very alphabetically of opinion that
this is the wisest course to take. Neither
has anything to lose by such course. A
Joint Convention cannot take anything
from the declared rights of the farmers,
nor make the position of the miners other
than it is. What it can do is to save ex.
pense, and to afford an opportunity for
buryihg the Ratchet and these two con.
siderations appear to US quite sufficient
justification for it. If the miners will
declare their willingness to meet the
farmers in Joint Convention for this pur.
pose, we feel confident that the leading
minds among the farmers will promptly
indorse the proposition. There is actually
no use or need for further litigation.
Practically the issue has been decided.
We propose, therefore, that both sides
shall meet in convention and ratify the
compact above outlined, and we do not
doubt that in adopting this course much
costly and tedious and irritating litigation
will be avoided, and the way opened for
the resumption of those cordial relations
between the residents of the mountains
and the valleys which it is the interest of
every good citizen to restore and maintain. |
BISMARCK POINTS WITH PRIDE.
Bismarck has been citing the United |
States tariff as proof that Protection is
an excellent thing. He says that system |