Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-01-10
tbs APPEAL FOB FEDERAL AID FOR
AINIEG SECTIONS.

One of the "opinion" dispatches of yes,
terday concerning the hydraulic mining
decision says;
The miners having purchased their claims in good
faith, the General Government should provide some
means by which they work their claims they
having equal rights with the farmers
This probably voices very general cen
timent in the mining regions. Bus on its
face it bears evidence of little faith being
entertained 1t is not probable that the
people Of the agricultural sections will
throw the slightest obstacle in the way of
the miners securing Government aid, go
long as the indefessible right of the farm.
ers and property owners to be protected in
the undisturbed enjoyment of their posses.
sions is not infringed. We believe we
speak the sentiment of the valley when we
say this people would hail with pleasure
any means the General Government might
adopt to gave the mining towns from ruin,
and the valleys, regions and rivers from
damage or menace OF harm But we do
not believe that Congress can be very
easily moved to give the matter attention,
even if 9 perfectly feasible plan can be
presented. While it is well enough for
our fellow citizens of the mountains to
seek Congressional relief, they should not
remain idle at home. They may well in.
quire into the profitableness of other meth
DDS Of mining and into the possibilities of
their sections fer varied industries and
further development Of enterprises. The
Circuit Court was not unmindful Of the
point regarding Government interference.
On that head the Judges say that Con
gress by no act has warranted the infer
ence that the Government permitted or
would protect any one in injuring navi-
gable waters This being SO, snd the citi.
zen being presumed to know the law,
the miners vii be met at the
threshold of Congress with the state
mens, 1.-The Government gave You no
license for tho prosecution of any special
method OF mining, to injure the property
of your neighbors." The appeal to gen.
crosby aud the equity side of the National
Legislature viii therefore alone remain.
But the Court goes beyond the position
quoted, and holds that on the admission of
this State Congress reserved only the right
to regulate the sale of public land, and TO
regulate commerce on navigable waters. 1t
did not, and cannot, says the Court, legal.
IL the use OF the streams as channels for
the flow o. artificial debris. The Federal
Government csEnot exercise other control
than stated, over navigab]e waters. "By
Its act, in attempting to pair the damage
done the streams, t admitted that q public
nuisance was being created that should be
abated. We recall these rulings that the
people Of the mining section may not be
deceived in tlis matter. The right way to
meet trouble ia to face it, and analyze and
fathom it, Whatever is done should be
done understandingly. We believe the
law is as the Circuit Court has laid il
down, and that energy will be wasted and
time lost IN any effort to induce Congress
to act as the Courts declare it shall not act
With these facts clearly in view, the PEG.
pie of the mining sections can take steps
for relief intelligently, and we sincerely
hope they may receive it; but it must be
under the law, and we have not the faint
est idea that if secured it will be by any
method that will permit hydraulic mining
to be proseouted as in the past.