The record-union., 1892-10-06
HYDRAULIC MINING.
Important Decision Rendered in the

Important Decision Rendered in the
u. =. Circuit Court.
SAN FRANCISCO, Oct. 5.-In the United
States Circuit this morning Judge Gilbert
rendered an important decision, and one
which may be considered to be victory
Tor hydraulic miners. The decision is in
the case of the United States VS.. the
North Bloomfield Gravel Mining Com
pany. This suit was brought to restrain
the company from dumping debris into
the Sacramento River. The decision is
for the defendant, and holds that where
debris is properly Impounded the law has
been properly complied with.
Judge Gilbert, who made q personal
inspection of the reservoir at the mine
and the rivers, finds that the fine clay
held in suspense in the water, and which
causes it's discoloratiOn, is of specific
gravity very little greater than the water
and remains in suspense so long as the
water moves with the velocity of mile
in two hours and is thus carried into the
ocean. He holds that there is no damage
10 be apprehended from insutficiency Of
the dam.
He also held that there is no damage to
navigability of the streams from the
breaking, decaying Or destruction of
cribs. These III time will decay but they
will out-last the use of pools for impound-
ing reservoirs. By that time the i'm
pounding material must have become
compact and solid, so that the caving in
OF any considerable portion of it need not
be expected and if it should come the re-
suit would be simply TO choke up the
shaft and permanently close it.
In conclusion, Judge Gilbert SAYS: s'In
short, the danger is so remote and i'm
probable that the court is not justified in
enjoinlng the use of the property and
thereby interdicting a valuable industry.
/ am not unmindtul of the danger TO
navigation that has heretofore resulted
from the deposit of mining debris, nor of
the important interest that is involved,
but am convinced that in the case of
this particular mine q contingency has
arisen which was contemplated in the de-
clslon OF this court in the mining debris
cases in providing that decree might be
thereafter modified upon showing to the
court that plan 10 obviate injuries had
been successfully executed"
In the case of the United States VS.
Charles II. Lawrence and others, which
has also made application that an iniunc-
tion should issue, Judge Gilbert reaches
opposite conclusions, and grants the in
junction. The dam, though strong and
well built and capable of sustaining great
pressure, is Of wood, and stands i'm the
bed of torrential sIream, and is there
fore liable to be carried away by freshets.
The debris lmpounded above the dam
would by the same destructive forces he
carried into the streams below. Canyon
Greek empties into the North Fork of
1uba River about a mile below the dam.
The North Fork of the Nuba DISCHARGES
into the main Yuba, thence into the
Feather, thence into the Sacramento.
The impounding reservoir is not full,
but its capacity, while considerably re,
duced at present, may be increased by
raising the dam to hight of 100 feet or
more.
at is evident" says the Judge. ''that
with the increased hight of the dam a cor
responding increase i'll its length must be
made, thereby entailing a corresponding
increase Of the danger of its breaking.
In view of the principles announced in
the decision OF this court in the mining
debris cases in 1884 @ Sawyer AL. and
IN view Of the justly grounded apprehen-
sion OF injury to navigation in case of
any wooden dam constructed across the
channel OF mountain stream, as in the
case now before the court, / am of the
opinion that the injunction should issue
as prayed for in the bill'