Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-04-10


field Gravel Mining COmpany-pecision
of Judge Sawyer.
SAN FRANCISCO. April 9sh.-Judge Sawyer
this morning, in the United States Circuit
Court, rendered a decision on the demurrer IN
the case of Edward Woodruff ys. the North
Bloomfield Gravel Mining Company ct al.
This is a bill brought against several hy
draulic mining companies, owning mines ct
various points en- tina Yuba river and its trib-
utaries, to restrain than from dischargirg
debris into the streams. Defendants de-
INJURED to the bill, and the two points relied
on are misioinder Of defendants and multifa-
robustness, in this. that each defendant is pur
suing its business severally, without any coz
nectiou with the others, and without any
joint interest or joint action; that the cause
of action is distinct and several against each,
and neither defendants nor the several causes
of action can be joined in the same suit.
Second, that the CO tenant of complainant
is an indispensable party to the euit, and that
it cannot be maintained without making him
a party either as plaintiff or defendant.
Judge Sawyer, in his decision, says: After
careful examination and analysis of the nu-
msrous authorities cited on the first point. l
am entirely satisfied that under the princi.
pies of equity jurisprudence as established in
England, the United States adopting that
system, there is no misjoinder Of defendants.
end that the bill is not multifarioas in the
particulars suggested. II is true that each
defendant is Independently working its own
mines, without any conspiracy or p.e-concert
of understanding; but they ali pour their
mining debris into several streams, which
they know must, By the force Of currents, be
carried down into the maiu river. where they
commingle into ore indistinguishable mass
long before they reach the point where the
nuisances complained Of are committed
and damages are created. This com.
mingling of the debris discharged into
various streams by the several defendants,
and passing en- to work the destruction al
legged: this aggregation of waste material
which creates the nuisance, is q necessary
and natural consequence Of the action of the
several defendants, and they must respect
ively be presumed to know and to contem-
plate these natural and known physically
necessary results. Thsre is common inter-
est in the right claimed to discharge debris
into streams. Defendants claim o common,
though not joint, right. Ths final injury is
a single one-the single result of the COM
bined operation of this debris-ard all de-
PENDANTS cooperate in fact in producing it.
No damages are sought only equitable re.
lief is demanded by restraining future action
and future contribution by each to the nui-
sancs. No inconvenience nor additional costs
csn result to the several defendants to the
suit from being joined with the others, who
also contribute to the came nuisance by orig.
inally Independent action-action in its first
inception and first stages several, but ulti-
mately cooperating to produce the nuisance.
On the contrary, it is convenient to dispose
of it in one case, and costs are diminished to
each individual rather than increased by q
single suit. The administration of justice is
thus facilitated. In fact, it is the only
adequate mode of proceeding in cases like
this. I think the bill not demurrable on the
ground OF misjoinder of defendant or multi
fariousness. I am satisfied, also, that defend
ant is entitled to maintain the suit without
joining his co-tenant, or making him defend
ant. His interest is severed, but by unity of
possession his interest is capable of being in.
iured and he is entitled to have it protected,
whatever course, his co.tensnt may see fit to
pursue. None of the points on demurrer re-
lied on are tenable. The demurrer to the bill
must therefore be overruled, with leave to
answer on or before the next rule day May
1st) of this Court.
After rendering his opinion, Judge Sawyer
remarked thst he had not decided upon the
question of. granting preliminary Injunction.
He advised counsel for defendants to speed
the case as much as possible, as the question
involved therein was one of vast Importance
to the people of the State, and thus hasten its
final termination. He also advised counsel
to take testimony as to the practicability of
building dams in rivers SO large as these to
prevent the flowing in of the debris also
that after the decision had been rendered by
the Court in the case, the matter might be at
once ready for transfer to the Supreme Court
of the United States.
Railroad Commissioners Meeting.
SAN Francisco, April 9sh.-The Railroad
commissioners met TODAY.
Commissioner Carpenter submitted long
communication from A. A. Cohen, relative
to fares and freights. 1t was in relation to
questions put by Carpenter.
Harrison was present to argue the case of
Harrison vs.. Tbs Central Pacific Railroad,
but argument was deferred until next Mon.
dav, when Harrison will open the case.
The examination of Charles Croker was
taken up. Witness stated that the cost Of
bulldog the Central Pacific, when reduced to
a old basis, was sea, 900 600. This did not
represent the value of the stock, but the
actual cost.
Foote asked if the estimate of the, cost of
the road made by Mr.. Towne (S17S,O00, 000)
included the par value of the stock?
Mr.. Croker stated that the cost given by
MIR. Towne was up to the present time. A
great deal of building has been done since
Mr.. Huntington had prepared his estimate.
He thought SIZE. 100000 Included the value
of the stock.
It was arranged that the Board should adj
iourn until Thu.Hlsy morning. when Mr..
Crocker aud Chief Engineer Gray will sp-
pear for further examination.
Carpenter, prior to adjournment, an
nouncsd that Mr.. Towne had sent letter to
the Commission, saying that if f. NJ. Slater,
who had stopped off on the Southern Pacific
and been obliged to pay his fare, and who
had complained to the Board, would come to
the company's Office, bis claim would be
settled Carpenter said Mr.. Towne had sent
this letter voluntarily, and no. at the sugges-
ton of the Commission.
The Mayors Veto Sustained.
SAN Francisco, April 9sb.-At the meet
ing of the Board Of Supervisors tonight the
veto of Mayor Bartlett of the order calling
for the $500, 900 bond election, was unsG.
imously sustained, and the other resolution
pertaining to the same subject was indeG.
nitely postponed.
Chinese for Observation-Disclosures Goods.
SAN Francisco, April 9sh.-The steam.
ship City of Sydney, which sailed to-day FOR
Sydney, carried 344 Chinese passengers for
Honolulu, all of whom, for some few weeks,
have been quartered in the hulk China.
Twenty.six pounds Of opium, valued at
sos. was found in the Arabic last Saturday
night. The search still continues on this yes
sci, and nearly SIC, 600 worth of consraband
goods have already been discovered on board
of her.
Terrible Sight for Wives.
Gu Ep.Nrreco Anil Qtb-Tba steamar