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

formerly DaQ IT'S OusASG IL Use
river. and the only one of these lakes about
here that had such an outlet. That outlet
has been solidly closed up for distance of
more than block It is in testimony here
that, in November, during the trial of this
case. when the water in the river had risen
about sixteen and q half feet on the K-street
gauge, the highest point, l think, to which it
has risen this winter in front of the city, un-
less some change might have occurred within
the last few days. the water in that lake was
only two feet below the water in the river 81
that time.
It is matter well known here thst this
lake is a self-feeder; that it is supplied with
water coming in from flowing streams in It's
bottom. DR.. Hatch stated that that lake
would supply some of the soil water in this
city. We have Burns slough and we have
the artesian wells and a number of other
causes in the city and around it as reasous
why the quantity of soil water now should
be greater than that which existed here when
the ground upon which the city stands was
in its natural state. So think it is exceed
ingly doubtful as a matter of fact, and it is
not satisfactorily shown that the river con-
tributes more to the underground water of
this city than it did in former days. l think
it very reasonable conclusion, considering
all the facts, that the river water would per.
colate the river banks in 1S49 more easily
than at this day.
SOIL WATER NOT DELETERIoUs.
There is some testimony on both sides on
the question as to whether or not the pres
ercs of this soil water is promotive of dis.
ease, and on that subject also we have diff.
ference of opinion on the part of the experts ;
but think it is question which can be very
easily determined without being dependent
wholly upon the opinions of experts or non-ex.
perts, because it is subject upon which every
body has knowledge, and upon which every
body can reason. Its reasonable to conclude.
from we'll known facts and from the testimony
of Professor Price and DIR. Simpson, that the
presence of this soil water, this underground
water, instead of being deleterious is bepef-
cial to health. Water is a great deodorizer
and a great purifier ; and the statistics of dis
ease will show, if they are closely examined,
what is known as matter of fact-as noto-
rious in this city as any other prominent fact
in its history-as well known as its floods and
its ires-that every high.water winter since
1850 has been followed by comparatively
healthy summer and it has been proved to
be fact that every dry winter, during which
there was light rainfall, and during which
we had no floods, when we had no back
water, and during which we had compare
lively little sipage water, and when the city
was, as it is now, dry all the way through,
has been followed by an unhealthy summer.
The winter of 1864 was very dry, and the
following summer was the most unhealthy
that has been known in the history of this
city. 1t is natural to believe that these accu-
mutations of filth in the soil cannot be dis
persed except by the action of water upon
them that water dissolves them and carries
them off, and to great extent deodorizes and
purifes them. 1t has been stated, by two
eminent medical witnesses, and L believe it
to be fact well established in medical SCI
ence, that the nearer the soil water is to the
surface the less we have of fevers, and that
the further it is away from the surface the
more fevers we have. This is because the
soil water serves to retain the filth in the
earth and prevent the noxious gases from
being drawn out into the atmosphere by the
summer heats. 1t has been noted here as q
remarkable fact that the residents along the
comparatively free from malaria, while those
living back on the dry plains suffer from it in
much greater degree.
There is another subject which | may
properly allude to, which was merely men
toned by Mr.. Wilson in his argument upon
the legal propositions of the case. refer tc
the systematic exaggeration INDUCED in by
the prosecution of the extent of country al
legged to be damaged. and in every way OF the
evils of which complaint is made. l refer to
the habit which has prevailed with counsel
for the prosecution of representing that the
Sacramento valley is being destroyed and de.
populated by the effects Of hydraulic mining
The testimony in the case affords no grounds
for such extraordinary statements. Sacra-
mento county is properly classed as part Of
the Sacramento valley. The largest estimate
of the amount of lands affected by debris from
mining on the drainage area Of the American
river, warranted by the testimony, is l. 0OC
acres. Now, LOCO acres is only one.sixth oil
one per cent. Of the area of this county. Il
is only ONE third of one per cent. of the in.
closed lands of the county. It is less thar
one per cent of the cultivated lands of thi:
county, being in the proportion of one acre IL
125 acres.
Taking the report of State Engineer Hall
which is in evidence, for the total amount o.
lands in the State affected by the rivers car
rying mining detritus at 40 900 acres-and
this affect is not always injurious-and tbs
proportion to all the lands Of the State i;
only one-twenty-ffth of one per cent, or say
one acre in 2, $50 acres. Apply the estimate
to the Sacramento valley and the 43 COX
acres estimate of Hall is only one. third o.
one per cent. Of the inclosed lands, and 6
little less than one per cent. of the cultivated
| lands These figures are based upon the las
official report OF the State Surveyor General
| make these comparisons for the purpose o.
exhibiting the strange lengths to which the
imaginations of counsel have carried them
We are not here, | trust, to work up effects
upon the public mind, but to try the issues il
q lawsuit according to the law and the testi
mony. Has it been revealed by any testi
mony in this case that any portion of thu
valley has been depopulated in consequence
Of mining debris deposits, or indeed from
any other cause? Is there any testimony
from which it may be inferred, as reasonable
probability, that any depopulation will evel
occur from this cause? l think it would b.
difficult to point it out.
Why, according to the testimony, so fa
as debris from the watershed of the Ameri
can river has affected the city or its imme
date vicinity. and 30 far as debris from al
sources has affected the Sacramento river a
far down as Sherman Island, we do not fine
q single instance where any person has beer
obliged to leave foot of land, except in TIL
case of Mr.. Larue, who, it was said, sold
tract of land on the south side of the Ameri
can, about three miles above the city, in con
sequence of sandy deposits upon it, anC
bought land in Yolo county. But that in
jury was the effect of the floods of 1862 aut
1868, distinctly so stated.
As to the future, there is nothing in thu
testimony to warrant the representation
that mining on the American river will eve
cause any dspopulation in the valley.
There is one further view of this matter t.
which / will briefly allude, being proper, 81
think, 10 considering subject ia the wide
scope taken in this case. All possible ways
and in the largest sense, in which gold min
ing in California has been, or is, or can be in
furious to agricultural industry. have beer
considered, suggested, and urged in argumen
to support the charge of nuisance. In thu
considering the subject it was of course i'm
possible to exclude the benefits resulting from
mining-its acknowledged compensations al
well SIS its alleged evils. The net result wal
so obvious that it was necessary to deny tina
there was any such thing as a doctrine O.
compensation in the law of nuisance. Whether
there is such a theory in law or not, shal
not discuss but on question of fact, as Il
whether certain general result is or is not al
evil, the whole Of such general result must BIZ
| taken into account. And it ia to one branch
of the testimony of plaintiff especially that
desire to apply this obviously indisputable
rule, though it is applicable to others. Ont
of the evils complained of as the foundation
of the action is presented in the testimony
! of State Engineer Hall. who estimates thai
in the portion of the valley of the Sacra
lnerto affected by the waters of the Feather
and Sacramento rivers, 43, 600 acres have
been, in consequence of debris deposits, di
,1al 60 - e