Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-06-14


that the hydraulic miners must cease from
committing this nuisance. He makes the
injunction upon the Gold Run mine per-
petual, but with very important proviso
and modification. The continuance OF the
injunction is subject to this; "That said
defendants may at any time, as it shall
"be advised, apply to this Court to have
this decree and restraining order modi-
"fied or vacated and set aside. And
whenever upon such showing it shall APP
pear that efficient means have been pro-
"vided to impound, detain and hold back
"such tailings at any point on said Amer
"ican river above Alder creek, and that
"such means are sufficient to detain all
"bowlders, cobble-stones, gravel and the
"heavier sand, then said defendants shall
"be entitled to have said decree vacated
"and set aside"
1t thus appears that Judge Temple takes
precisely the same view of the subject
which the RECORD UNION has maintained
throughout. He holds that the contin-
nance of hydraulic mining in the absence
of means of holding back the debris, is
illegal and against public policy. He
holds that it is entirely practicable so to
retain the heavier debris that hydraulic
mining may be continued without further
damage or danger. He fully accepts and
indorses the conclusions of Colonel Mendell
and the REcoRB UNION on these points.
And instead of decreeing that hydraulic
mining shall cease aud determine, he
merely DEGREES that it shall be suspended
until proper remedial measures have been
applied. The decision is characterized by
an evident desire to state the law with
absolute impartiality, and at the same
time to conserve both the great interests
which are in controversy. And the most
remarkable and significant fact about it
is that the whole line OF argument from
beginning to end is in effect crystalline.
tion of the positions taken by this journal,
and reproduction, in judicial form, of
the considerations which. led to the enact
ment of the so-called Debris bill.
Thus through the mazes of litigation
circle has been drawn. Colonel Men,
dell and Captain Eads declared that there
was a remedy for the evils of hydraulic
mining, and that it consisted in the con-
struction of dams to impound the
heavier detritus. Judge Temple &C.
cspts these conclusions, and declares
that the hydraulic miners must build
such dams in order to relieve them
selves from the restraint of the Injunction
The advantage gained by the people of
the valley by this decision consists in the
positive announcement that there is no
law for the reckless prosecution of by.
draulic mining, and that the miners must
protect their neighbors from injury as a
condition of resuming their occupation.
We have in fact arrived through the
process of the Courts at virtual com.
promise, and curiously enough it is exactly
what the RECORD. UNION has been advo.
eating for years. If the miners accept this
decision. and proceed to qualify them
selves under it for the resumption of their
occupation, the end will have been reached
for which we have been contending. The
valleys, that is to say, will be effectually
protected, and the mining interest will not
be destroyed.
The Court has evidently been mainly
Influenced by the argument on behalf of
the conservation of the navigable streams
an argument which the Attorney. General
made his own in a special way, and which
he insisted on urging with all the emphasis
that could be given to it. 1t may be
doubted whether in the absence of this
strong point the case would have been won
for the agricultural interest, and Mr.. Hart
deserves all the credit of this inspiration.
The Court has not passed upon the ques-
ton of the authority of the Attorney
General to appear in the suit, preferring to
leave that point to the Supreme Court. 1t
has decided against the plaintiff en- the
question of alleged injury to the health
and drainage of Sacramento, considering
the allegations of the plaintiff on these
heads not established. And this is a very
important part of the decision, since it re.
ally involves that modification of the per.
petual injunction to which allusion has
been made above. Judge Temple in his
opinion says "I have concluded to so
4" find that when the heavier debris is
completely impounded mining may be
resumed, virtually refusing to hold that
" the plaintiff may enioin such operations
" as only corrupt the water with mud and
"render it less suitable for domestic and
"other uses" He realizes that it will be
impossible probably to impound the lighter
material at all, but he does not believe
that this lighter sediment will "add mate
rally to the permitted evil " of the
drift, seam and quartz mining, which of
itself would discolor the water. In this
he proceeds upon the assumption that the
alleged intention not to attack the drift,
seam and quartz miners is in good faith.
Without such an exception, also, he sug-
gests that thinning can never be prose-
"cuted at all.
It will be seen from this resume that the
decision affords hone to both parties. and
that it is not fatal blow to hydraulic
mining, even supposing that the miners
should not conclude to take an appeal from
it. 1t promises protection to the valleys,
and may be said to settle the law points as
10 the alleged prescriptive rights of the
hydraulic miners. This determination is
in accord with the plainest principles of
equity, and is not likely to be reversed by
any appellate Court. As regards the pro-
viso to the decree, it is of course for the
miners TO determine whether they will ac-
cept this virtual compromise, or whether
they will take the case to the Supreme
Court and try to secure the reversal of the
Injunction, But in either case it is safe
prediction that the right to injure the
property of others will not again be
asserted in California Court.
VERY SILLY MEMORIAL.
We have read the memorial signed by