Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-02-09
THE DEBRIS QUESTION.
AN EASTERN JOURNALS VIEWS OF
THE SITUATION.
1t Thinks the Present Sitting Com.
mission Will Find a Way for
Hydraulic Mining.

The Engineering aud Mining Journal,
published at New York, says:
1t will be very strange if the honestly
directed labors of the Debris Question
Commission, to which we referred in our
issues of November 10th and December
Sth, do not bring about harmony between
the mining and agricultural interests in
California. 1t is an anomaly that an in
dustry-gold mining-that has built up an
empire within a generation. through its
output of fifteen hundred millions Of dol
lars, and while there is yet remaining in
well developed and known localities more
gold twice over than has ever been ex-
traeted from It's mines, should have been
threatened with determination, as this has
for the last five years or more.
The great gold yield of the world has
been from placer or gravel mines, and it is
quite certain that in recent times this
souree has produced many times more than
quartz mining. If our gold product is to
depend upon quartz for a yield to supply
the "a and necessities OF the world, ii
will fall far short. 1t is a fact that COM
paratiyely few of the quartz mines in Cali
/ fornia pay a profit, while with gravel
mines the great majority have paid.
1t is a very extraordinary fact that in
California, the richest gold-producing
country in the world, there is no law upon
the statute books of the State which recog-
Mics mining as a legal industry. This
applies not only to gold mining, but to all
other classes or kinds OF mining, and the
result is that mine-owners, or mining as an
industry, in that State have no legal status
in either the State or United States Courts,
and SO is liable to be enjoined upon almost
any contingency Wherein a claim can be
based. The United State Courts, and for
that matter the State Courts also, have
held that mining cannot be carried on
where any debris from the mine can in
any possibility find its way upon any land
not belonging to the mine-owner, or where
it will find its way into any stream or
water-coures crossing any other persons
land, or that can by any possibility getinto
any n~avigable river or bay. In fact, the
line is now so finely drawn that almost
every mine in the State can be closed, as it
is not a legal industry. 1t is scarcely too
much much to say that under these cir
cumstances every miner is a legal outlaw.
Hydraulic mining seems 10 be specially
under the ban of the Courts, although all
mines are subject to the same rule. YET
investors are constantly impertuned 10
purchase or take moneyed interests in
mines in that State. The United States
Government has also done something to
crush out mining there, for il appropri-
ated $40, 000, during the Congress OF
1861, to prosecute the miners, when ii
we'll knew that any ruling which would
! o1ocn ,,o v,,,D .-a,1l alr-..l
cent complaint against a mining compan
it has asked its Court to enioin the mine.
owner, not only from operating his mine
but from selling, leasing or in any man.
ner conveying, transferring or disposing o.
said mines or mining ground, or the water
supply belonging to said mines, or either
of them, to any and every person whatso-
ever"
The Government sold these very proper
ties to the present owners, at high prices
gave the owners land for reservoirs, granted
the right of way for canals, waterway;
and roads, and in fact offered every in.
ducement, except money, to the miners Il
open and develop mines, and now wher
the owners in the suit above referred tc
have expended between four and five
million dollars in opening and developing
their mines, and in i%mpounding and bring.
ing water to them, the Government of the
United States steps in and %appropriates
$4,000 to pay lawyers, not only to close
the mines, but to enjoin the owners from
selling the property acquired from the
Government for mining purposes.
In view of the present ~deplorable state
of affairs in California, it is rather sur
prising that any person should venture
any money in a mine in that State, for il
seems certain it cannot be done with any
safety except in isolated instances.
In view Of these facts we must express
our utmost satisfaction that the Govern
ment has a%tlast, though grudgingly, APP
propriated $1,000 to ascertain whether or
not some plan cannot " be devised where
by the present conflict between the mining
and farming sections may he adjusted and
the mining industry rehabilitated." Such
a plan can certainly be drawn up, and we
hope this will be done without delay.