Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-04-15

| ehSt u RTtaG QSAl OF 1t was c2rIleu
down. Reasoning from the testimony, rea.
soning from the probabilities and from the
character of the bed of the river, being In
some places full of steep grades and in other
places nat and having in many places deep
holes, 1t may reasonably be supposed that
the material that was placed in the river by
the early mining between 1858 and 1862 re-
manned mostly in its place until that time,
when that great food and the successive
Hoods washed over it, carrying down the
light material to great extent, and leaving
the heavy material permanently in the beds
OF the rivers. Light material undoubtedly
will come down with the fiood-waters, but
the great epoch of that kind of mining has
passed long since. When we come to apply
| these facts to the Sacramento river and the
American, it is apparent that the maximum,
so far as injury TO these rivers is concerned,
was reached in 1875, and that since that time
| the situation has been growing better. The ties.
| timony of the pilots and river captains show
that about 1875 and 1876 the bars in the
river, and at Haycock shoals especially, were
worse than they are now, and were more
| difficult to cross with steamers of the same
size as those now used. They were compelled
to land in the neighborhood of P street, in
the lower part of the city, and could not land
where they do now in consequence of the
shoals on the city front. The situation has
been changed since then. They now go up
to the bridge and to the front of the CITY.
They go to j street without difficulty. There
| is bar on the other side OF the river, it is
true, but that same bar commenced to form
in 1858. and was well developed in 1856. We
recollect the testimony OF former Msvor of
| this city, who lived from 1858 to 1857 in a
house upon store-ship built at the foot of
street. His windows looked out upon the
river. and year after year he noticed bar
forming on the other side of the river, and
that it was making land in the river from the
| Yolo shore. The same bar is there now, but
| it is higher, and its area is more extended.
If the theory advocated by counsel is true,
that bar must have been secured out and car
ried away some twenty-five or thirty times !;
but it does not scour out. 1t was built up
! and increased to its greatest dimensions
gradually, and will decrease in the same way
| / say the navigation of the Sacramento
river during the last five years has not been
getting worse than it was before, and the
testimony of these pilots and captains clearly
show that fact. The testimony shows that
the Haycock shoals are not as much of an OBJ
struction as they were in 1875; that the bars
in this river in front of this city are not as
much an obstruction as they were in 1875.
| Why is it? Why is it reasonable to believe
| that it is 30 1t is in testimony that the
vast amount of mining that was formerly
carried on has gradually diminished, and has
nearly ceased. and that on the whole of the
American river, for seventy eight miles from
| its mouth and up to Canyon creek, there is
but one hydraulic mine, anditis the mine of the
defendant, that places any material in the river.
There is considerable mining in Ell Dorado
county and on the slopes of the South Fork and
on Weaver creek, tributary Of the South
Fork, but there has not been any hydraulic
mining done there within the last two or
three years Hydraulic mining was project
ed there on 8 large scale, and great prepare
lions were made to prosecute it, but they
found that the blue gravel beds were overlaid
with stratum Of lava which made it impossi-
| Bile TO carry on mining by the hydraulic pro-
cess, except to limited extent, on the rim
rock The blue gravel channels there will
have to be mined out by different process,
and that is by drifting, and crushing with
stamps the material that is SO hard that it
cannot be dissolved by the application of a
| jet of water from little giant or monitor.
We have had description of the mining that
has been carried on on the North Fork. 1t
was described by Mr.. Gwynn,, by Mr..
| Sheldon and other witnesses. The mines
on the banks of the river from
the mouth of the North Fork and
from the mouth of the Middle Fork as far up
as mining extended, and all the way down to
Sailor Bar and Sacramento Bar, within twelve
or fourteen miles of this city, have been de-
scribed So far as [ have observed there has
been no evidence in the case of any large
amount of bank mining upon the north bank
of the North Fork of che American river
! between the point of intersection of the
Middle Fork and chickering's Bar. Now all
those mines were from 1S49 or from 1850
until, say twelve years ago. in active opera
| ton, Both sides think in this case attempt
ed to show what the facts were, and they
showed that this mining has substantially
ceased, and that it is now evidenced by thou
sands of acres of abandoned claims. Many
of these claims have been measured-some
| by instruments, and some have been merely
estimated, and it appears that some
| deep, have been mined off and abandoned,
so that they now only afford an addi-
ton to what is called the natural
wash by their exposure to the elements.
Now, all of that material got into the river
! prior to 1873, and it had its effect on the
river. The same is true of the South Fork.
Mining, like that of former days has pcacti-
cally ceased there, and on Weaver creek it is
the same ; and we may now say that by.
draulic mining, except that by defendant, in
| every section OF the American river water
shed has also ceased. Mr.. Z. A.
Smith said there had not been any hydraulic
mining there for nearly three years, therefore
| there should be a cessation of these annual
accumulations in the Sacramento river. 1t
appears clear to my mind, as a fact estat-
lished in this case, gathered from all the
evidence, and which appears as reason
sble deduction from all the testimony, that
! the maximum of the injury to the navigation
in the Sacramento river was reached some
five or six years ago. and that it has not in
creased since then but, on the contrary, has
become better. There Is no fear of per-
manent Jury to the navigation of the Sac
ramento river from future mining debris.
1t is better to consider this question fairly,
and not mislead oneself by taking too partial
view of how and to what extent the naviga.
ton of the Sacramento river has been i'm
paired That its navigation is different from
what it has been, is not denied. As to its
capacity for navigable purposes, as to its
capacity to meet the demands of commerce
and to carry all trade that can be put upon it,
1t is as good as ever it was !: and the river is
proven by the witnesses on the part of the
plaintiff to be as capable to meet the demands
upon its navigation now as it was in 1S49.
It is true that there are deposits, that the bed
of the river is raised, but the water has raised
with il, and the water is there and the chan
mel is there sufficient for the purposes of navi-
cation by steamers equal, for all pur.
poses of transportation, to the class or
steamers that then navigated it. AS far
back as 1850 the Sacramento river above
this city was not navigated except
by fat bottom ard light draught steamers.
And above the mouth of the Feather. not.
withstanding the immense natural wash and
the deposit of material in its bed, the Sacra-
mento river is as navigable now, the witnesses
all tell US, as it was in 1S49 and 1850 AS to
the lower Sacramento, there are bars in
the river, and mora of them, than for.
merly. The channel is not quite as deep
as it was then. 1t is stated in the
report of Mr.. Hall that the chan
mel of the Sacramento river has been
diminished from )! to feet. Some of the
witnesses on the stand have spoken of it gen.
orally as feet. The testimony shows that
the channel is affected to that extent and we
do not deny it; but we say that for all the
purposes of commerce its navigation is
practicable. and that for that purpose
it has not been seriously injured or
damaged. 1t is true that it is now
navigated by different class of boats, but
nobody would now dream of building boats
to navigate this river such as were used in
1S49 Those boats were built for ocean pur-
poses, not to run on this river. They were
brought here for temporary purpose. to
meet sudden demand; and in the course of
time and in very short time, they were dis
placed for boats better fitted for the com.