Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-06-11
MINING DEBRIS.
OPINION OF THE UNITED STATES
ATTORNEY GENERAL.
Hydraulic Mining Must Cocoon
gress Has Power to
Intervene.

Intervene
ESPECIAL BY TELEGRAPH TO THE REcoRD-UNIoE.
WASHINGTON, June 1Oth.-Attorney-G Gen
eral Garland to-day submitted to the Sen
ate Committee on Commerce his opinion
in regard to the intervention of the General
Government for the protection Of the navi-
CATION OF the Sacramento and San Joaquin
rivers from impairment by the discharge Of
hydraulic mining debris. He says "The
Constitution gives to Congress power to
REGULATE COMMERCE
As subsisting. The right of this regulating
power is not confined to the subject Of traf-
fic, but extends to the channels through
which traffic is carried, and therefore en-
braces the jurisdiction of Congress over the
navigable waters of the country, all things
appertaining to them as highways of trade
and intercourse and especially as to what
ever affects navigation. Congress controls
the building of bridges over the navigable
streams, establishes lighthouses and pre-
scribes regulations to govern vessels, and
adopts measures for the improvement of
navigation, even to the extent of
CHANGING THE CHANNELS
OF rivers for such and like purposes. These
waters are the public property of the ma
tion and subject to all requisite legislation
by Congress. This power to regulate was
conferred on Congress only, the State hav-
ing abd;cated all control over commerce.
A high and imperative duty was thus laid
upon the National Government to protect
and encourage it, The effect of this on
navigable waters is to establish them as
highways, open to the free and unrestricted
use of all persons engaged in foreign or
interstate commerce" The Attorney-Gen-
eral continues at length this line of argu-
ment to show the
UNDoUBTED RIGHT
Of Congress to legislate on all matters ap-
pertaining to the interests of commerce
He says the papers submitted to him fur
nish convincing evidence that the naviga-
ton of the Sacramento and San Joaquin
rivers and their tributaries have been seri-
ously impaired, and in some places de.
stroyed, and that there is threatened Their
complete destruction, by the washings
from the mines worked by the hydraulic
process, the evil extending TO Suisun and
San Pablo Bays, and even to the great Bay
of San Francisco, the navy yard at Mare
Island and other Government works
which must be seriously damaged if by
draulic mining, as now conducted, is al
lowed to continue. Although the rivers
named lie wholly within the State of Cali
fornia, they communicate directly with
and are navigable from the sea, and conse
quently are
HIGHWAYS
For interstate and foreign commerce, ant
fall clearly within the jurisdiction of Con
gress. 1t cannot be doubted that the fill
ing of the channels of these great high
ways of commerce is public nuisance
stupendous in extent and injury, ant
loudly calls for interferences and restrain
ing power. Can that restraining power b,
exerted by the Government of the United
States without additional legislation there
being no provision in the criminal legisla
ton of Congress making it an offense tc
obstruct navigation. There is no remedy
under the present law by Indictment, as Q
thing cannot be offense against the United
States, except it has been declared such by
Act of Congress. Another means of rene
dy is through the United States Courts
BY INFORMATION
Filed, and suit brought by the Attorney.
General. The Supreme Court has recog
nized the fact that Court of Equity may
take jurisdiction in cases ofpublic nuisance
by that process. The subject of the proper
form and remedy against nuisances affect.
ing the United States came before Attor.
ney-General Cushing in the matter of the
Waukegan breakwater, and the conclusion
was then reached by him that it was
the undeniable law of the land that
the ttorney-General has authority
when occasion requires for the abatement
of public nuisance to nayigable waters, to
file bill Of information therefor, and ask
bill of injunction in a proper Court oi
the United States The Attorney General
concludes: | am not called upon to con.
slider the effect of any action of the State ot
California authorizing the injurious use o.
the above-named rivers as receptacles fol
debris produced by
HYDRAULIC MINING,
Supposing such actions could have any
possible validity in view of the express
conditions on which the State was admit.
ted into the Union, viz That all navigable
waters within said State shall be common
highways and forever free, as well to in.
habitants of said State as to citizens of the
United States, without any tax, duty or i'm
post therefor. No one pretends that the
State has in express terms given any
authority for the
INJURIOUS USE OF THESE RIVERS,
And the argument that such authority for
the injurious use of these rivers and the
argument that such authority may be col
lected by implication from the legislation
of the State or the United States, Or
both together, has been completely met
and oyerthrown by the learned
Circuit Judge of the Ninth Circuit, in hi:
opinion in the important case of Woodruff
VS.. the North Bloomfield Gravel Mining
Company, in which the facts now before
me were held to constitute a public nui.
sance that might be properly enjoined, on
bill filed by private person specially
aggrieved. Looking, then, at the question
submitted in reason and authority, can.
not entertain doubt that the evil com.
planned of is leveled at
A GREAT NATIONAL RIGHT
Which is placed by the Constitution under
thepeculiar protection of the United States
that ii is a casp enacially calIi-y for the