Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-04-01


ton that would 60 almost around the globe-25, coo
miles. It would make an ordinary railroad gra c
from San Francisco to New York-3, 600 miles. 1t
would make line of carts, and horses noses to
tails of CARTS each cart carrying one cubic ward,
that would reach six and one hall times around the
globe of $4,000 miles. conception from
these figures nay be had OF the immensely
of the amount of II, 900 coo cubic yards Of earth.
Now vita 10000 cubic yards per annum, am not
able to say how long it will take it to entirely fill
this river, but il the defendant continues TO place
the materials in the river at the rate OF 40 900
cubic yards per annum, it is reasonably certain that
1t will I'LL az some proximate time in the history Of
this State the Bay OF San Francisco and the Sacra
| mento river from its mouth to this city.
! Defendants counsel seem DEF rmined to bring
into this case quartzmining seam mining and drift
mining-Inining against which there has been no
complaint made up to this time. believe that it is
| in evidence in this case that the Gold Run
| mine alone casts debris every day
| and every year into the river than all
| the quartz maes in the State combined; that
appears from the evidence Of the witnesses for the
| defendant. It is in evidence that the defendant
casts nearly as much materisl into the river annu-
ally all the drift mines in the State combined. 1t
also is in evidence that the defendants is the most
| extensive hydraulic mine that is located within the
| drainage area of the American river. Now, then,
| ii this is the mine which contributes most largely
to the evil against which complaint has been made,
how is il and why Is 1t that the largest element
going make up this nuisance VIII CHI is being con-
sumnated cannot be proceeded against to the end
that of the elements which contribute so largely
u
under the decision in the case of the Little York
Mining Company to proceed separately, by injunc
ton, against each and every element which con-
tributes to the alleged damage and which, accord
ing to the theory of the complaint in this case re-
suits in violation of the laws of this State
Now, whether or not this material does come
down--a pre- p 2stien which have stated did not
expect to hear contested in this case a proposition
which | expected that the ingenious and learned
counsel on the other side would admit here; a
proposition which supposed would be admitted in
| &,oNt atrtr ha facf s.,
of fact upon which the evidence in the case is over
whelming. That the amount sent down by defend
ant aggregates 40, 600 cubic yards per annum is
shown by mathematical calculation made by Mr.
| Smith, based upon his knowledge as an engineer.
1t is not based upon the actual facts of this case
because the actual facts Of the demonstrate that
it is not true, and that Mr. Smith is mistaken in his
estimate. The facts demonstrate beyond question
| Of doubt that
ALL OF THIS MATERIAL EITHER DOES OR
WILL COME DOWN.
In determining this question it seems to me that we
should constantly keep in view the proportion which
made on yesterday; that We are not here seeking
damages against this corporation for what has been
done; not here alleging that it has been acting
crminaly, but are here asking this Court to de-
| termne whether or not it Is contributing to the
creation OF nuisance in he nature of an obstruc
ton to the naylgabe streams and the destruction of
| vast quantities OF property, which they have no
right to injure In the determination of this ques-
ton to take into consideration but few facts
one OF Two Ilct5r IL SEEMS 10 must control,
! and must show that the material will come do W.
aud that if it will down, it will o5struct this
| river OF course, we must be governed by the
facts as they have existed in the past.
| Early in the history OF this State we
| had here beautiful valley-a valley as | remem-
| Der it when little boy which was in the spring
| time covered with wild flowers, interspersel
that it looked like bouquet made by the hand of
nature as far as the eye could see. Along through
| the valley ran beautiful streams-streams OF clear
limpid water; streams that were clear that be-
! meath their surface and upon the pebbly bottom
fishes could be seen dispofting in the water; and
along the borders OF these streams, as an evidence
OF the pernlanence Of the valley, large oak trees
! grew in profusion, snd the whole formed picture
! Of almost Paradise, 4 magnificent picture Of
! landscape. But men here to mine
| to extract the gold, and for many years they
worked with their picks and shovels and their
| long toms, until, in pursuing the course OF the
| rivers, they discovered that in these mountains
large deposits OF gold might be found in the rocks
and in the soil and in the gravel beds that had for
| merly formed the ancient river channels. There
was then invented by the ingenuity Of miner
an instrument known as the
LITTLE GIANT"
It's in evidence in this case that one "Little
Giant carries in volume filter times, think as
! much water as the small hose which had formerly
been used by the miners. Up to the time Of the
invention and use OF this Instrument there had been
| but little damage done. Miners had simply WASHED
off the tops OF the mountains yet they had washed
off great deal of the top soil, but the material
valley in the river, until it found its place in the
bed OF the Pacific Ocean, the result Of natural
| law. But when this instrument constructed,
when they went do wn into the bowels of the EARTH
and there found material of heavier nature, forma
| tiens of sand aud rock and blue gravel cemented
| together, they then commenced a class OF mining
which, as We cay in this case will result IN an abso
| lutte destruction OF many homes that had been
maintained for years and years along the banks of
this river 1t is class of mining that will destroy
| the bed OF the river itself. The sand, rocks and
| sediment which taken from these deep minis
| form material which is carried by water running
| at certain velocity. You can take judicial notes
of the ordinary natural law, the rule
which every one knows that email pebbles and sand
will be carried by torrent that is running through
| mountain canyon at the rate OF twenty four miles
| an hour
| After this instrument was invented and operlted
| then commenced the destruction and then COM
menced the war, and it has been unfortunate
war. 1t has been war to some extent between men
that should be friends and who should undertake to
maintain one Government, but It has been a be-
tween individuals Of the State, each OF them under
taking TO assert his right to the protection of his
property. The farmers, as We say asking that they
should be protected from the entertainments Of the
miners upon their properties and the miners asking
that they should be permitted to work their claims
| even a. the risk OF the destruction Of TIE agr-
cultural land in this valley. Then, as l say, the
work OF destruction commenced, and we find that
the Coli Run mine has contributed to this work Of
destruction y, 600 COO cubic yards Now these
72 100000 cubic yards as has been well stated by
L
asserted the other side that these Y, 0,0o0
cubic yards have all gone down the river, except
| that portion which has en- worked by the Gold Run
Company that there has been change in the laws
| Of nature that there has been some dispensatiOn
| Of Providence which has prevented the operation
OF natures laws upon the material thrown into this
stream BY this company. In o-der to show this,
| the defendant makes mathematical calculation,
aud it Into this Court with it. It is to the
effect that since certain time several years
ago. miners have beer working in the blue gravel Of
.1,o&S
| river certain number Of cubic yards from the
mines at Gold Run and at Iowa Hill ; and it under
takes to show that the amounts coming froEs these
| two mining districts added together, makes up
| about what there is found between Kice's bridge
and Pickerings Bar. Upon these asserted facts it
evolves theory from which it says that none of its
| material comes down. We ask the defendant why
is it, If other material is coming down from the
| spo, that its will not also come down? We find
the explanation In the testimony OF Mr. Gould, who
| when placed upon the stand on behalf Of the
| defense, gave description OF the material
that constituted the mine He says the first 60 feet
is composed Of heavy blue gravel, firmly cemepted,
but that the material above that Is Of lighter
ture and constantly grows lighter as it approaches
| the top Of the pit. Now it must be remembered
that the pit is lao feet IN depth, about that Now
go from l40 leaves 80 feet which will represent the
! lighter material When We speak Of the material as
being light or heavy, necessarily refer to the size
! OF the powders the size Of the rocks AS evI-
dence that this material will not come down. the de-
PENDANT has introduced testimony of dam
Dutch Flat. Its witnesses have said that the opera
ton Of the water upon the material from that mine
| formed dam, and counsel have argued that like
result would be produced with the deposit from the
| Gold Run mine in the North Fork OF the American.
Upon our examination Of the witnesses it was dis
| covered that the material in the Polar Star mine
was Of such size as that it would not be car.
ried from the mine By the of an ordinary tunnel
but that it had become necessary for the of
that mine to resort to divers mechanical means to
hoist the material out OF the mine and to throw it
into the river. 1t would seem inconsistent that
| few inches OF water running through tunnel, con-
strdcted for the purpose, could carry this heavy
matter while the river during the tin cs OF its high
| floods, and when il runs like a torrent through a
mountain gorge, with all its power could not carry
1t but when we came TO examination of the other
mine, which they undertake to compare with the
| Polar Star mine-that of the Gold Run Ditch and
| Mining Company-and when came to an exam
nation q the material which it carried off with per
feet by few inches Of water that flows through
it, pipe, and runs down through tunnel to a pl.ce
where the dump is made, We found that the heavy
material In the Gold Run mine is composed Of small
| bowlders not any of them as large as my head and
that this cemerted gravel is all, or nearly ALL pull
verified in the process Of extracting the gold from it,
and that 1t is entirely different from the material
| thrown out from the Polar Star mine.
Now, according to the conceded facts in this case
25 per cent OF the entire amount Of material in the
mine is pulverzed and formed into sand and will
ask your Honor il the material coming from the
upper washings in this mine and composed Of rocks
l kau-l CAh al oh