Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-06-11

S-s5s S=so-- s-.---sezs
sent will so interfere That it so intends
is seen by the decision of the law officer OF
the Government, and by the action of one
House of Congress in passing bin pro-
yiding for the interference asked, and de-
claring it TO be public oiense to clog the
rivers with debris and slickens.
We publish elsewhere the decision of
.he Attorney General of the United States
in full. In brief it is: The navigable
rivers are public highways; Congress
alone has the power to regulate COM
merce; that mcaas not emily to permit use
of the streams for free traffic by all pee
pie, but carries with it the sacred duty Of
keeping suck streams open and unob
structed; whoever obstructs savigasle
stream commits q public nuisance. But
Congress not having made this act penal
oifense, the remedy is now by information
in Court of equity, praying for an in
junction, and tie law officer Of the Gov
ernmen; may file this bill. 1t csnnot be
said that by implication from STATE action
or Ren-actiop or action or non-action by
the United States regarding mining, that
the right has vested in any one to use the
nagigable streams as sluice-ways for min
ing or other debris But the fact is, that
hydraulic mining debris is injuring and
threatening to destroy the Sacramento and
San Joaquin rivers and menaces Suisun,
San Pablo and San Francisco bays. Congress
should therefore make the commission of
the nuisance penal ofiense, and provide
for its punishment as such. Secretary En-
dicott transmits this opinion to Congress,
Endorses it, and advises the immediate en-
aetment of the necessary law.
Whoever followed the long debate Of
| last year relative to Government inter
ference" will remember that one side held
that we ought to ask nothing, at least ex
pect nothing from the Federal Governments
until the State, or the valley people, had
stopped hydraulic mining. The other side
held that there was hope of Government
interference irrespective of the attainment
of the end insisted upon that the rivers
were a sacred trust in the Government,
and it was in duty bound to interfere to pre-
vent the obliteration of the subject and
object of the trust that the people could
only stop hydraulic mining by the long
and tedious process of litigation, entailing
endless expense y taxpayers; that while
litigation went on, so should the demand
for Federal interference. In time both
sides in the valley fell into this view, and
the result was such petitioning and memoir
alizing that a bill was introduced into
Congress declaring interference and put
ting penal injunction on the nuisance.
Now comes both the Law and the Ex-
ecutive Departments, and while saying
that by bill in equity the Government
may and should interfere, Congress ought
also to pass the penal bill. That it will
do so there can now be no doubt whatever.
THE report Of the committee Of the San
Francisco Supervisors on the condition
and management of the House of Correc-
ton is a remarkable document. The COM
mittee recommend the instant adjustment
of the institution. They say that it is
simply means to the gain and ambition
of political bosses, political machine,
not run in the interests of the people,
source of crime and offense, and altogether
a shame and disgrace This is the frankest
confession we have ever knownspoliticians
to make, for it must be remembered that
this committee is of the governing body
that manages this House of Correction. 1t
amounts, therefore, to an admission of in
competency. But it is true. No reforma-
tory institution Of any kind whatever can
possibly be operated properly, when sub
jeet to political control. 1t is a truism,
that a good Superintendent or Warden
must be given the power of appointing
his subordinates In the case in hand he
is not permitted to do this, and as result
the members of the Board of Supervisors
parcel out the Offices among their political
friends and masters, and these hold them
selves Independent of the Warden, and
thus make his official station farcical.
This is one of the cases wherein divorce of
municipal government from party politics
should be absolute. 1t ought to extend
also to water, gas, school, asylum, street,
sewer, and the like municipal branches.