Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-14
THE DRAINAGE ACT CLAIMS
REPORT OF TEE ASSEMBLY COMMITTEE
In FAVOR OF PAYMENT.
AttorneY-General MarshaVB opinion-The
Equities Discussed

Equities Discussed
The Assembly Committee on Claims has filed it
report in favor of paying the sums due for work an
servises performed under the Aci to promote drain
age. Tie matter affects go large nun5er of cit
zens who in good faith, under inducements held ou
| by the state expended their means and gave thei
labor to State work, that the report nearly IN full
herewith presented:
| Mr.. Speaker: Your committee to whonr was re
| ferred Assembly Bill No. 2o7-an Act to ascertain
the sum doe on all claims for work done ami mate
rial furnished under the provisions of .'an Ast Il
promote drainage" approved April %, 1880 and st
appropriate money to pay the same, not excee 3iul
| S275, ,000-bsTe had the same under consideration
and do now BEG leave to report thereon as follows
! oKISIN OF THE CLAIMS, ETC.
The history Of the debris question is familiar .e
every one who has carefully observed the curren.
events of this State and your committee do not fee
at liberty to recount the in this report but il
viii be suficlene 10 say bitter controversy arose
some years since between the mining and
| agricultural, and, to some extent, the com
| mercial interests o. large portion of the
| State, growing out Of the flow of debris from
the mines into the river channels and upon the val
ley lands. The attention of the United States Gov
ernment was attracted to the question, and Colonel
Mendell and other Government engineers gave the
matter consideration and recommended the con
strueton Of elaborate works to restrain the flow OF
sands, gravel and other matter IN the streams and
correction, deepening and otherwise improving the
| streams and increasing their carrying capacity.
| The Legislature. in 1878; passed Act entitled
AN Act to provide em of irrigation, and to
| pEt mote rapid drainage and to improve the nauga
| tson OF the Sacramento and San Joaquin rivers.
U5s Act established the cffire OF State Engineer
and provided for his appontnen. and prescribed hi:
| duties William Ham. Hall, "a thoroughly compe
tent and scientific engineer, COMM. .sioned by
Governor irwin to that important Cffce and after
very extensive examination OF the question, after
complete data had been obtained by actual surveys
and after full consideration OF the important ques
tions involved, and benefited by the observations
and counsel of the Government scientists, made a
report to the Legislature Of 1850, giving the results
of his work and recommending. comprt hensive
system of irrigation and drainage, embracing the
correction of the dangers from the Cow of tailings
from she mines and the wash of the mountains.
Following the recommendations OF
THIS EXHAUSTIVE REPORT,
The Legislature enacted law entitled An Act to
promote drainage" which was approved April %,
1885, This Act constituted the Governor Surveyor.
General and State Engineer Board of Commits
sioners, and authorized them to establish one or
more drainage districts in the State, and provided
means Of raising funds to carry such works as
might be constructed under the law 1t also EN-.
powered the Governor to appoint three Directors of
each drainage district so to be established who
should, under the advice and with the assistance OF
the State Eng1necr, carry ouand conduct the affairs
Of such district. This Commission met at the Capi-
tai and established Drainage District No. IL en-
braciDg the Sacramento valley and all Of its water
shed. The Governor appointed as Directors of said
district Hon. Niles Searis, Hon. w. II. Parks and
William F. Knox, and the Board of Directors thus
constituted, with the advice Of State Engineer Hail.
and after full consultation with Captain Eads, who
personally visited and examined the region of coun-
ha tolf tad t1arl
tion of drainage in their district and proceeded to
construct the works.
The law under which they were acting provided
for State tax on all property in the State, tax
upon the property Of the district, and tax upon
the water used for hydraulic mining, as the means
of raising funds for such operations and there
collected from those several sources, and paid into
the State Treasury, the of 1862, ,625 co. as ap-
pears from the State Controllers report.
The work was done largely by contract, and the
interests Of the State seem to have been
WELL GUARDED
By the Directors in the letting OF all contracts and
We have failed to discover any trace OF extravaganza
unfairness. Contracts were let as follows:
l. Rideout & Binney. to build dam on yuba river.
Contract amounted to Sl05 2S4 72.
2. Doane & Mclean, to build dam on Bear river.
Contract amounted TO $73, $50 oS.
3. To John Wech, to build levee south side OF
Yuba river, and repairing and adding to levees al
ready built. Contract amounted to sl9,z44 so.
4. Tocmb Il Dufficy, to build. leyees on Yuba
river. Contract amounted to S21 ,450 60.
5. Rideous Binney, to construct revetment and
brush work on Yuba fiVsr Amount iu0luded In
John Mcguire, to build Ievee on north side of
Yuba river, what is known Browns Valley grade,
to the citizens levee. Contract amounted to s12,
7b4 IL.
T. Contract to Wood Jasper, to build leyee on
noith side of Bear river-Johuson's Crossing to
railroad bridge. Contract amounted to So, ,06s as
s. Sewel & Seaward to build levee lower or
western on north side OF Bear river Amount of
contract, S21 $50 SO.
9. N. Doane, to build levee north side of Bear
river. Contract amounted to s34, az 90.
10. John Elliott, TO raise and repair the lower
Berry &Johnson leyee on south sile OF Bear river,
and revet with brush ;ibuld brush spurs, etc. Con.
tract included in Maguire's contract No. 6.
IL. d. p Durst to build levee on north side Of
Bear river, from Railroad bridge to Long Bridge.
Contract amounted to Sl2, l52 81.
IL r. A. Mil er, to reform and protect west bank
of Sacramento river at Washington Point. Contract
amounted to SS,641 So.
13 P. A. Miller, closing Todhuuter break, west
side Sacramento river Amount of contract 81
Cos 81.
a. P q. Miller, On American river. Rescinded
and no work done
Is James Trayner, to build and improve citizens
leyee on Yuha river, north side Contract amounted
to Sl2 9S5 20
16 Marcuse & Peck, closing Humphreys break
on Feather and rucSing leveeS connecting
herewith. Also, constructing levee west side
Featner river, opposite town N1cOAuS contract
amounted t. S2S 1G6
II. Steinma Ss Hall, to build levee on rorh side
of Bear river, from Long B:idge to Oakleys.
Amount, SS0,7l7 So
is. Patrick Ney to protect and reform west bank
of Sacramento river opposite foot OF street. Con.
tract amounted to 81, OBJ rs.
10. Rideout & Binney, work done by Howell
Davis, building levee on upper Sacramento river.
Contract amounted to 81 200.
20. Patrick Ney, to construct escape weir in Eng
lish break, above Washin3t n. Contract amounted
to s10,548 81.
The Directors of Drainage District No. have duly
audited and allowed the following claims, but war
rants have not been drawn by the Controller.
Here follows schedule Of all the individual claims.
BESIDES THESE
Contractsf considerable sums were expended and
Indebtedness incurred for work done directly
must also be added the salaries of engineers and
III ir assistants as well material and supplies pur
chased
Warrants were drawn in favor of the several con-
tractors and Others against the funds in the State
Treasury appropriated to this district amounting TO
the sum of 1868 900 o. ali of which were paid ex-
cept those embraced within the following list
amounting to the sum of 5757 81, as foows
Here follows the list.
At this point Of time all proceedings were sudden
ly opped by the decision of the Supreme Court de-
claring the Act TO promote drainage uncousttu-
tiona. The State Treasurer could pay no more war
rants and those Just enumerated remain unraid al
though there is till in the treasury to the credit OF
the Sta Drainage Construction Fund the sum of
S35 226 35, ard to the credit of the Construction
Fund Of Drainage District Number One the sum of
s21 0.S 75, making in the aggregate the sum OF $50
275 10.
The State Cont -oller could not legally draw any
more warrants, and it app hat the Directors OF
Drainage District Number One had. prior to the
said decision, passed upon and audited long list OF
demands, the original bills and vouchers whereof
are file 10 the Controllers office The fol.
lowing is list Of such audited claims upon VIII eh
no warrants Rave been drawn. There were also
other claims which had not been presented and au-
dited and which represented as containing equi-
ties just az great as those already enumerated The
following liz is believed to embrace nearly all of the
unaudited claGls and we are assured that but few
more exist. THE list appears in full in the report
SUMMARY.
From the foregoing the following summary may
be dedHced:
Amount OF warrants paid. ........ S30S, OBJ 81
Amount Of warrants i,sued and unpaid 55,s6s 80
Amount Of audited claims. .............. I799I0 50
Amount Of uuauditea claims (not oyer). 1850 90
Making grand total OF. .S561, 400 95
Which represents the entire cost OF all operations
under the Act to promote drainage if all were paid
From this total sum of.......s5 s56I. 400 95
Deduct the amount already paid. 30S,021 81
And we have the total amount now
,fas,. - nc