Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-01
THE DUTY OF THE HOUR.

The San Francisco Bulletin is oo,rcc, in
Its conclusion that the position taken by
the Federal Government. that it can do
nothing in the slickeus matter until nv
draulic mining ceases, is an admission that
the slickeus deposits in the rivers are i'm
pedimentS to navigation.
But il is also recognition declare
ton Of the fact that the processes by which
these deposits are created are unlawful.
This declaration comes from two sources.
the legislative and the executive branches
Of the Federal Government. This means
great deal it means that these two arms
OF the Government have decided that the
defenses of the hydraulic miners of pre-
scriptive right and Government patent are
untenable.
For if the Federal authorities did not so
regard them they would respond to the
appeal of the valley people, Nothing can
be done for you because the depositio. of
mining debris in the navigable rivers is a
lawful proceeding" But this is not the
declaration. On the contrary they expressly
declared, I'VE will use Federal funds
to restore the navigability of the streams
oaen you (the people Of California; cause
hydraulic mining to cease"
SO, we repeat, this amounts to legislative
and executive judgment that hydraulic
mining should cease aad may be lawfully
suppressed, and that the decisions of the
State and United States Circuit Courts in
the matter are sound. This much. then.
being established, what remains TO be
done? First, to push all legal pro-
ceedings with vigor that will tend to
hasten the desired end second, TO bring
our State legislators up TO a full realization
of the truth that this is State and not n
local question, and that the State owes it
70 the people Of the valley to lend its aid
20 the effort to stay the destructive pro-
cess.
When this matter was first presented to
the people the cry was, cit is local
TO the Sacramento valley-the people
OF the State at large have nothing
whatever to do with it." But since
then flood of light has been thrown
upon the subject. San Francisco has fully
recognized her profound interest in the
issue, and it may be accepted now as Ger
tam that the sentiment of the people gen
orally has changed regarding it. 1t is now
seen that injury to the Sacramento valley
is injury to the whole State; that impair
ment OF the navigability Of the rivers is
damage to State interest that there is.
and can be no such thing rs merely local
injury to one section Of the State, since our
Interests are in common, precisely as is
taxation, all revenue, and all prosperity.
Now the only thing that the State has
done, was the act of former chief law
officer IN prosecuting a single case, but
even IN that case the county of Sacra-
mento was compelled 20 meet the cost of
preparing and carrying on the suit. 1t
would appear, since the action of Attor-
ney-General Hart met with public an
proval, that Acknowledgement Marshall
should feel warranted in furthering the
effort to do that which Congress and the
Executive declare should be done. At any
rate, the next Legislature must be brough,
up to the point of making this work State
work.
II is cruel and unjust to cast the whole
burden OF checking monstrous evil,
threatening the common interests of the
people, upon the already heavily taxed
citizens of the river counties. 1t is mar
row, selfish and cruel economy on the par,
of the State that permits this great wrong
For seven years have these river counties
fought the battle against powerful odds
They have measurably succeeded: they
have demonstrated that great principle
ST the law is applicable to the case in
hand, and have been fortified in that by
decisions of high Courts. They have taxed
themselves without stint to have this prin-
ciple, as crystallized in Court DEGREES,
made effective. But the decisions and
writs are evaded, and in some cases the law
and its officers have been defed.
Now, hydraulic mining in several quar-
4ers is blooming" and the rivers roll