Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-11
LOCAL INTELLIGENCE.
TIE HILL TOP CASE.

beInO0n. Inc reasons Ter asking that It bt
dissolved are First, that there was and i,
no sufficient reason for granting the iDjuuc
ton; second. because the Injunction sus
pended the general ard ordinary business o.
corporation, aud was granted without any
notice being given Of any application there
Tor. Should the Court refuse to dissolve the
injunction, it ia then prayed that the IN juno
ton be so modified as to permit the defend
ants to csrry on mining operations, and main
tanning dam across Cooks or Big gulch
aud impounding the mining tailings, debris
and coarse matter. The injunction is one
granted in the early part Of last September
by Judge benson, and prohibits, among
other things, the working of hydraulic
mine near Michigan Bsr, and known as the
Hill Top" claim, and in "Cock'sn OF
Big gulch. II is one of the suits brought
BY Sacramento county under the contract
made by the Board If Supervisors with Geo.
CadEaiader.
Defendant has fled twenty-five afiidavits
to prove that the Injunction ought
Mrs. Jennie B. Ritter's affidavit gays she ia
one Of the Directors and the Secretary of the
company that the Injunction was granted
without any notics whatever bsing given to
the corporation, or any of its officers or
agents, Il any application therefor that all
the heavy matter let loose has been retained
and impounded in vafious gulches Leading
from the mines towards the Costumes river ;
that not more than two per cent. thereof has
ever reached said river, and the portion which
so reached the river has been of the lighter
quality that it is not true that the water of
the river was pure before it was affected by
the working Of the mine that the floods of
1S61-62 greatly damaged said rivsr, in some
places to such an extent as TO entirely fill mp
its pre- existing bed and required it to make
new channels, aud also covered many parts
Of its bottom or low lands with debris that
"tbe Amador and Sacramento Canal Com
pany has not at any tue since the LIST day of
April, 1882, been engaged IN working, by by
drauiic process II otherwise, the Hill Top or
any other mine, nor in dspositing tailings or
debris from the Hill Top or any other mine,
nor has il particip. tsd in tbs mining opera
tons carried on by its co defendants or any
of Them" that a dam was constructed
across Cooks gulch in May, 1880, and on the
land of blr. Gallagher, fer the purpose of
impouudiDg debris and tailings; that il has
been kept In repair ever siuce that time that
debris TO TIRE depth of four or five feet and for
LOCO feet above the dam, and with an average
width Of 3T5 feet, has been accumulated, and
that in some PLACES the deposit is twelve fest
deep ; that there is mining at various points
on the Cosumnes river and its branches above
where the eompany's filme enters the river /;
that from the Hill Top mine to the dam
across he eu'ch the distance is $500 and
with fall Of 1876 feet; that the tailings from
the mines are chiefly red earth and gravel,
and readily settles in the gulches, and when
settled becomes very hard and compact and
very difficult to be moved or disturbed by
the oGtior'of water or otherwise, and is not
like1ssxA precipitsted on the lower lands
By the bressipg Of dams or otherwise. and
that il is perfectly practicable to work the
Hill Top mines and to retain and imp1uld
the tailiDgs and debris and heavy matter, and
to prevent the same from filing in the river
or being Of any injury or damage to any per.
son whomsoever.
The affidavit Of Benjamin r. Robinson az
firms that be lives at Live Oak, and has been
well acquainted with Cook Gulch for twenty
years that it is overrated that during fresh.
cts 4,00o inches Of water has run down said
ravine nor is it true that tie Amador and
Sacramento Canal Company uses or has used
1900 inches Of wafer in its ordinary mining
operations; nor has any greater number than
300 inches been used in connection with thu
Hill Top mine that the brush dam said COM
pany has recently constructed scross Cook g
GuIch is $50 feet long, and about twenty feet
wide at ths base. and will aversgs six feet in
hight; that said dam is capable and will h Did
the debris from said Hill Top mines, and that
than about 2 500 inehss OF water RUS down
said Cooks Gulch, and that only for short
time.
The affidavit Of Albert L. Land describes
the new dam rs 800 feet in length, of an aver
age hight Of 10 feet, base width of 10 feet,
and . width as the top of from to 6 feet IL
is made of a double row of piiiDg driven
firmly into the old or original ground, well
bracsd beth in front and at the back, then
F,oks IL inch aia Gyp Is,
spiked TO the pilings, and the space between
the planking filed and packed with earth and
gravel. Aft ant saYs "At the hight at which
the dam is now built, it viii, in my opinion,
impound and hold back all the debris which
can result from the ordinary operation and
working of the Hill Top. or Amador and
Sacramento Companies mines during the
next two years"
The remainder Of the tffidsyibs are only in
Confederation of the points made in the aft.
davis above mentioned.
Plaintiffs sffidRvits are AZ In number, and
have been printed, making volume of 70
pages.
Plaintiff has slso fled four photographs.
The first is view of the new dam from the
left bank Of the gulcl, looking toward the
river, and shows the dam, the aperture
through it and portion OF the fame leading
into the Cosuunss river. The second view
shows the opposite, or upper side, Of the
same dam snd waste gate, and tie p nd of
water before tie dam. The third view sho VS.
the brush dam and the water and debris, both
above and below it. It's comparative hight
Is shown by the figure of man in the fore
gecuud The fourth view shows the mine in
operation, the u e Of monitors snd bank
water. The pictures were taken by j. A.
Todd on January oh.
The affidavits of the plaintiff are by the
followir g-named persons: G. f. Allardt, l..
F. Bassstt. Thos. Mcconnell, Jas. Gsllogby,
VIM. Fl. Dixon, j. B. Mitchell, John Rich
ards, Chas. Pierce, J. A. Hutchinson, Ar
thur Conner WIN. II. Atkinson, Ceo. f.
Gibbs, w. f. McCraoken, VIM. H. Dixon,
Jas. Martin, II. S. Dixon, jas. B. Conner,
Albert Devee L. G. Robinson, Edward Neal,
Geo Atkinson, Jacob Smith, B. r. Robin
Wheatlandl, Thos. NJ. GrimshAw, Priscilla
Pollock, Eugene Pollock, ". A. Murphy, E.
a, Brown, I. n. Hoag, r lbt. 7. Dsveiin,
John A. Todd, Thcs II. Brown, Jay Walker
and J. q. Piersen.
George +. Allards ATKINS thss be is civil
engineer by profession, snd that he has exam
ined the Yubs, Bssr, Feather and Costumes
rivers, with the seecial object Of ascertaining
the damage used and TO be caused by the
discharge into the said rivers Of the debris
from hydraulic mines. He further says that
"the Cos1mass river is q mountain stream Of
purs and clear water. except where the ssme
il polluted by the debris, or tailings. from
Hill Top hydraulic mines, and that the only
mine on said river worked by the so-called
hydraulic process is the Hill Top mine, gen.
orally known as the mine of the Amador and
Sacramento Canal Company, which said mice
tails into the Costumes river at Cooks Bar,
about two miles below the village of MicS.-
gan Bar that the aversgs fall of said river,
from It's source to Cooks Bar, Is about fifty
fee. to the mile, and that from said Cooks
Bar to McConnelps Station, or tbs Western
Pacific Railroad. distarcs Of twenty-one
miles, the average fall Of said river is reduced
to five and half feet per mile. and that
from said McConnell's Station to its
junction with the Mokelumne river. dis
tance of nine miles, said average fall is still
further reduced Co one and half feet per mile. y
Afiant further says that about 200 acres Of
land has been washed out to an average
depth Ct 80 feet by the workings of the
Hill Top mines that not LEES thin ore half Of
<natefial go wsshed-equal to 5000 000
~ sds--has reached the Costumes
river 20 It ths water ditch leading into the
mine has capacity Of 2,000 miners inches
that, Ia his opinion. no deIns can be placed
in Cooks Gulch which will permit the water
of the mining company 10 be safely used in
,n;n;u0 and ak the game time Drevant tbs