Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-01-09
TIE PRINCIPLES OF TIE DECISION OF
The U5ITGO STATES CIRCUIT COURT
IN TIE HYDRAULIC MINING CASE.

There has been no recent case which in
so striking a manner has illustrated the
doctrine that the law is the sum and per.
lection of human wisdom, and that its
principles, rules and maxims are the essence
of knowledge, aud applicable to all the
needs OF men, as the case just decided by
Judges Sawyer and Deadly of the United
States Circuit Court. The vastness of the
interests involved, the amount of injury
its decision either way would necessarily in
hict, the extraordinary volume of capital
invested in the property interests contest
Ing, and the broad sweep and far-resch Of
the principles applied, make the case one
Of national indeed of worldwide import,
ance
But aside from its value to the local in
forests involved. it is especially instructive
as exemphfying the integrity of legal prin.
ciples born OF human wisdom ages before
this, but which, after passing through the
ire of centuries, atand to-day, as in their
inception, the safeguards of the rights of
men, and the unimpeachable andunwavering
oracles Of right-doinp, and the unalterable
rules OF right action. Such decisions 90
far to silence the scoffingwith which ignor.
ance greets the mandates of the law, IN the
blindness OF the former to the fac! that the
principles of the latter are not of human
creation, but are evolved from the relations
OF man to the universe, and are the reflex
OF the immutable laws that may be said to
sctuate the creative or overruling pewer.
For, as the decision of this case shows, the
Law always gives a rsmedy-,cr semper dqbH
'cmediHm-and if at times it appears that
there is wrong without remedy, it will be
found on analysis to be the result of man
abortiye legislative attempts to aid, modify
or improve upon principles not subject to
patchwork without injury to their in.
tegrity, and that fundamental principle
that, in its purity, the interpretative con
atruction OF the law wrongs no person, for
law is from everlasting, and as the old
maxims have it, never works an injury to
any one, OF does him wrong, or demands
lmposs,bilites, or fails to regard the order
OF natoce.
The .'r.reaching Importance Of the decis.
ion justifes denomination OF the rul-
iags of both Judges and their comparison
IN consecutive paragraphs in the form of
ss}laji, which condemnation and restate.
ment may render the announcement Of their
governing principles somewhat more con.
venient for reference and study. 1t is to
be said in tbs connection that the decision
moves squarely abreast with the decision
OF Judge Temple in the celebrated God
Run mining case, and in one respect ad.
vances beyond it, in that it prohibits re-
sumption OF hydraulic mining unless the
operators Of such mines shall devise some
method by which b continue the work,
but avert ali injury to agricultural lands
The decision Of Judge Temple permits the
COZ. nuance Of hydraulic mining if the
heavier ard coarser tailings alone are i'm
pounded. The case proceeds precisely upon
the theory and principles to which this
Journal hiss constantly adhered. that the
equities Of the valley were pronounced and
invulnerable and that If hydraulic mining
can be continued without Injury to vested
rights, its prosecution will lie permitted,
but otherwise it must absolutely cease
That this is the law OF the land there can
be no shadow Of doubt.
After finding that the flow of mining
tailings has injured the rivers and adjacent
lands, and that without such flow the
injury would have been averted, and that
a repetition Of the concurrence of the con,
ditions of 1862 would put this valley in
great DANCE. Judge Sawyer holds, in effect,
that
! The plant Il suffered and is suffering from the
acts Il the def rAaut. which I'll up the streams,
break The banks end levees, food tho surrounding
country with and debris, and destroy vast areas
Of agriculture o. 1fcso things constitute such
H. public n''' 80 as entities private party to re
On The came .ubj-ct Judge Deadly holds:
n q waters as tho r;yors, by reason Of hydraulic
min z, have rlc1mc foul and unfit for ordinary
dor .,tic purposes. Their bfds are hgilg filled M
b, debris W.shed from the mines Sd rs 10 ma
Ter s. impsir ia. T. ua,ig -hty, and cause them 10
ov ~ and q, chl1ga the tanCs upon adjacent
aa, .tuga ltaA rs 20 render them unfit foI
GU tin. This fling is very increasing, and
sgi. the da4.C- of foods T. augmented, aud the
cost of high lsvas iuce s-d and such injury is a