Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-08-03
THE REASONS FOR GOVERNMENTAL
AID

1t must be apparent to our contempora-
ries, the Cal and Appcal, that the more the
matter is considered by the public the
clearer it is becoming that it is the duty of
the people of this city and of the Sacra-
mento valley to arouse The attention of the
Federal Government to the deplorable
condition of navigation upon the river Not
IN the interest Of any particular scheme of
nver reclamation, but in the interest of the
preservation of navigation by Government
interference with trespassers upon it. The
Federal Court of the State has, as both the
papers referred TO point out, declared the
processes which are the chief causes of
river degeneracy to be a public nuisance
But 1t must be borne i'll mind by our con-
temporarics that DEGREES of Court are not
general, but specific in their action. That
Is, they apply SO far as executive force is
concerned only TO The particular case tried
by the Court. There must be a specific de
cree against each and every offender. Out
OF this fact arises the necessity for activity
properly urged 10y The Appcat-by the
counties in pursuing legal methods to
check the further deposition of mining de-
oris IN the river. But the decisions of the
Courts giving us relief are not based upon
Federal or State statutes. They rest upon
principles Of law not al all dependent upon
Legislative expression. There is. therefore,
no need TO call upon Congress or the Legis-
lature 10 declare that 10 be public wrong
that Is such pcT sc. Nevertheless, if these
legislatures should so pronounce, such ex-
pressions would be aids, but we should
not wait for them; if we do, the
river will leave us. The Appcal.
therefore, is not for legislation against the
evil directly, but for governmental declara-
ton and action against acts tending to de-
suoy u heritage of the people, which is A
trust in the hands Of the Federal Govern
ment il cannot neglect, nor allow TO take
Injury, without violation Of its trustee
ship. We repeat that the use Of the
rivers as sewers by private industries is
an evil against which the Federal
department having charge of the navigable
waters Of the nation may and should ex-
tend lis arm. There is and can be no dis
tinction between the cases of those barring
the channels with artificial deposits of
sands, and any who might SET about 20 SOW
the rivers with torpedoes or plant it thick
with distractions of solid masonry. or to
I'LL it with felled trees, or dump into its
channels refuse from mills. In the latter
cases the Government would interfere. 1t
has done so on numerous rivers of The
Atlantic seaboard; III the care of harbors
on the Great Lakes, and in bays and
anchorages of the saltwater coasts. secre-
tary Lineoln-not Congress-ruled that
there should be done upon the Sacramento
river no work By the Government 50 lone
as the people of California permit the
deposition of mining debris in the rivers.
But, as Carl Schurz once put it. the nayiga-
bic rivers are the heritage of all the people.
As the Call well puts it, the people of
Massachusetts and of Georgia and all other
States are interested in the navigability of
California rivers. 1t is not local but
national interest. Ali commerce is inter
ested all the people have the right to have
the river kept open. But except the peo-
ple of California none have been neglectful