The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-10-06
INBOUND YOUR DEBRIS.
Then You Can Legally Run
an Hydraulic Mine.
SO DECIDES JUDGE GILBERT.
But You Must Have Coed Strong Dam None
Of Those Break Away
Affairs.

A decision which will be hailed as a great
victory for the hydraulic miners was rem
dered by Judge Gilbert in the United States
Circuit Court yesterday morning in the case
of the United States VS.. the North Bloom
field Gravel Mining Company. The opera
tion of the mine was enjoined by decree
of the Circuit Court in 1884 in the suit OF
Woodruff VS.. the North Bloomfield Mining
Company In the decree made by Judge
Sawyer an intimation was given that if
the company should show TO the court that
it had constructed impoundng reservoirs
which would successfully impound its min
ing debris, the decree might be modified so
SIS to permit the operation Of the mine.
1t so showed
The question Of fact determined by Judge
Gilbert In his decision denying theinjunc-
ton is whether OF not with the use and op-
Grafton of the impounding works. mining
debris escapes from the defendants mine
into the navigable waters of the Yuba.
the Feather or the Sacramento so as to tend
TO impair or injure the nayigabilty of those
streams. He then considered the construc-
ton and operation of the impounding de-
vice and the three objections urged against
its operation: First, that it does not sue
cessfully remove from the water the mate
Ildl WHICH 10 GdIl ltu III suspense anu lllot
the water which escapes by the cribs takes
with 1t material which becomes deposited in
the lower streams and injuriously affects
the navigability OF the same; second, that
the dam across the excavation is not OF dur
able material and Is liable to break; third,
that the cribs are liable to break or decay.
Judge Gilbert, who made a personal in
sDecEiOn Of the reservoir and rivers, finds
that the fine CLAW held in suspense IN the
water, and which causes its diSeOioratlOn,
is OF specific gravity very little greater
than water, and remains in suspense so long
as the water moves with the velocity of a
mile in two hours and is thus carried into
the ocean. He holds that there is no dan
ger TO be aDprehended from the insufficiency
Of the dam, which, as IL stands, presents
gal nearly 100 feet high, and seems to be
compact, solid mass of gravel, sand and
clay interw0yen with brush, which holds il
in place. The mass appears TO be now IN
process of Tece mentatlon and soliGifying,
which already, to a considerable extent, has
restored it 10 the condition of the material
in the surrounding hills. 1t ls not dam
across a "torrential stream" There is no
danger from winter torrents. If it should
break, the impounded material, II II moved
at all, could only escape into the new i'm
pounding reservoir. The mine Is not in the
bed Of mountain stream.
AS TO the third obj cti0n, it Is held that
there is no danger To the nayigabihty Of
the streams from the breaking, decayiDg or
destruction of the cribs. These in time Will
decay, but they will outlast the use Of the
pools for impOunding reservoirs. BY that
time the impounded material must have be-
come compact and solid, so that the caying
In Of any considerable portion OF 1t need not
be expected, and if il should come the result
would be simply to choke up the shaft and
permanently close it.
In conclusion, Judge Gilbert says: "In
short, the danger is so remote and Impr0b-
able that the court Is not justified Ia eDjOin-
ing the use Of the property and thereby in
Isrdictlng valuable industry.
Il am not unmiudfui Of the great danger
to navigation that has heretofore resulted
from the deposit of mining debris nor Of the
I'D portant interests that are involved, but
am convinced that in the case Of this par
ticular mine the contingency has arisen
which was contemplated IN the decision of
this court IN the mining debris cases IN pro-
ylding that the decree might be thereafter
modified upon showing 10 the court that
plan to obviate the injuries had been sue
cessfully executed"
In the case of the United States versus
ChaELes h Lawrence and others. which is
also AMP Lea mai an injunction
should issue. Judge Gilbert reaches oppo-
site conclusions and grants the injunction.
The mining debris from the defendants
mines escapes through a shaft 80 feet
deep sunk In the lower level Of the mine:
feet long, which empties into Canyon
Creek. About quarter of a mile below the
exit Of the tunnel dam has been con-
structed across the channel Of the creek. Il
is q crib dam of heavy fir logs pinned to-
getheT at the corners and raised to the
height of Is OF 80 feet. The interior Of the
crib IS filed with stones. The current in
the dam is sluggish. The width Of the in
pounding pool is from 125 TO 200 feet.
The dam, though strong and well built
and Capable Of sustaining great pressure, is
OF wood, and stands in the bed of a tor
rental stream" ana is therefore, liable to
tmpOuDded above the dam would By the
same destructive forces be carried into the
streams below.
Canyon Creek empties into the North
fork of the Iubs River, about mile below
the dam. The North fork of the Yuba dis
charges into the main Yuba; thence into
the Feather River; thence into the Saera-
mento.
The impounding reservoir is not full, but
its capacity. while considerably reduced at
present, may be increased by raising the
dam to a height of 100 feet or more.
1T IS evident" says the Judge. that
responding increase IN its length must be
made, thereby entailing corresponding in
crease of the danger of its breaking.
In view Of the principles announced in
the decision Of this court in the mining
debris cases 10 1884 @ Sawyer, AID, and 10
view of the justly grounded apprehen sion
of injury TO navigation in the 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
an Injunction should issue. as prayed for in