Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-03-25
CONGRESSIONAL INTERFERENCE AT
LAST PROBABLE.

1t begins to look as if Congress would al
last recognize its right and duty to inter
iere TO prevent the destruction of the
navigable rivers of California. The
REcoRD-UEIoN long ago urged that gov.
ernmental interference ought to be in
voked; that it is the duty of Congress to
interpose an injunction to prevent the I'M
doing Of its work in removing obstruc-
tions from navigable streams. But we
were told that nothing should've done I'M
til the State, or the people of the State,
stopped hydraulic mining. We believed
that the speedy way to the desired end,
when Congress was not in session, was to
secure an order from the War Department
for work to be done in the line of river
reclamation; that when that was done any
act tending to interfere with or DESTROY
such work could be forbidden bv the
authority that ordered the work, and the
ban could be enforced by all the power O,
the Government behind that department
We held later, that when Congress assem-
bed it should be importuned to do what
the department neglected to do. But this
idea was secuted, and the shout went up
along the whole line, "stop hydraulic
mining first" Now, the REcoRD-UY1oN
never has admitted, nor will it, that the
duty is incumbent upon the State alone to
forbid and enforce the decree against the
deposition Of matter in our navigable
rivers. The State should aid to that end
but this journals position has been that the
Federal Government is in duty bound
TO lead in the good work. So. too. we
have uniformly maintained that it was
cruel and unjust to treat this as a local
question, and to saddle the burden of if
upon the already overtaxed people of the
river counties.
Recently the Federal Government adj
mitted these positions by bringing an action
to enjoin certain parties who were making
a cut across a bend of the river in order to
shorten the stream, increase the power of
the current, and prevent the threatened
departure Of the river through its bank at
the extremity of the bend. We then
pointed ont that if it was the duty of
the Government to prevent such in
reference with the stream for the reasons
set up by the Federal engineers, that the
cutting would injure the nayigabilitv of
the river, it was also its duty to interpose
10 prevent the deposition of slickens in
the stream that tends to destroy its nayi-
gabiiity. These views have now obtained
at Washington. The agent of the Anti
Debris Association there has received I'M
expected aid in this direction. The North
river in New York, is found to be filling
with mandatory, barge and shipping
waste and artificial dumping. On the up
per waters of the Ohio like evils are pro
ducing dire results. Thereupon Mr. Bayne.
of Pennsylvania, introduced bill in the
House (January 9th, which has been twice
read, and, We are assured by competent
authority, IS certain to pass. 1t needs but
slight amendment to make it specifically
tit the case of the Sacramento, Feather
and 1uba rivers. If it passes, even as it
Is now phrased, We believe it will "fli the
BILL but it viii be better to make it af-
firmatively clear, and to include hydraulic
mining waste, and we have reason to be-
heye that this will be done, if not already
accomplished. The Bayne bill, synopsis
OF which has been furnished to his paper
10y the editor of the Sutter Farmer, he now
being in Washington, provides:
mat II shall not be lawful to cast. throw
empty or unladen, either from or ont Of on,
-, - 49, large lighter, boat, or other craft
q! tIVln a tae shore, pier, wharf or mills of any
RICO whatever, any BALLAST, stone slate srs9tni
e.rtn, slack, rubbish wreck. fifth slebs Cd
49,, Sas ss, sag elnde s or other refuse o.
iniii-Wsste Of any kind. into any port rosd
roadstsad, her5or, haven navigable riva - ~
other waters OF the United States. for the I'M ny
pIofeln OVEN. OF which Congress has already made
OF may hereafter make, approp-i atio,is or 10
deposit OF pace, or cause softer or prornra "
DE deposited or placed any ballast, stone. slata
siavel eafth, SLACK, rubbish, wreck, filth, slab
edganSsi sawdpst, Stag, cindeTs, or other refuse
or mlii-wsste, IL any place or situation on sborc
where the same shall be liable to be washed
lni9 any navlgabie waters. either by ordinary
wise That it shall not be lawful 10 bIiilfi any
bridge bridge draw, bridge piers and abrf
ments. cause way or other works, over or in any
port road. roadstead. haven, harher. navigable
river, or other waters OF the United States or to
build any wharf, pier, dolphin, boom. dam.
Weir nreakwater. bulkhead. jsttv, or
other structure outside established harbor
lines, or in such manner as shall obstruct or
nmpalr the navigation. commerce and anchor
age OF said waters, or to excavate or eli or II,
any manner 10 sller or modify ths course Icca-
ton. condition or cSpacity of tho cho-,al ~
SAID nay1Eable waters of the United States. un-
less app.oTed and authorized by the War be
paitmenr
TO show the jealous care proposed to he ex.
ercised over navigable waters, we quote fur
ther That all erectieus and works that are
outside OF har5or lines as now established. or
that are 50 placed and constructed as to Oh
sr-nct and impair the navigation and capacity
OF the asfiS.ble waters OF the United states or