The morning call., 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: Meme
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
ti0n of the mine was enjoned 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 intlmatiOn was given that if
the company should show to the court that
it had constructed impounding reservoirs
which would successfully impound its min
ing debris. the decree might be modified so
IS to permit the operation of the mine.
1t so showed.
The question Of fact determined by Judge
Gilbert In his decision denying the injune-
ton is whether or not with the use and op-
Grafton Of the impounding works, mining
debris escapes from the defendants mine
into the nsvissble waters Of the Yuba.
the Feather or the Sacramento so as TO tend
TO impair or iDjure the naYigabilty of those
streams. He then considered the eonstruc-
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
rial which is carried in suspense, and that
the water which escapes by the cribs takes
with it material which becomes deposited in
the lower streams and injuriously affects
the navigabiity OF the same; second, that
the dam across the excavation is OF 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
sDecEi0n Of the reservoir and rivers, finds
that the fine CLAW held 10 suspense IN the
water, and which causes its diseoloration,
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 a
val nearly 100 feet high, and seems to be a
compact solid mass Of gravel, sand and
clay interviewer with brush, which holds il
In place. The mass appears 10 be now in a
process Of Tece mentatIon and soliGifying,
which already, 10 a considerable extent, has
restored it 10 the condition of the material
IN the surrounding hills. Ii IS not dam
across a 'torreUtial stream" There is no
danger from winter torrents. If it should
break, the impOunded material, II il moved
at all, could only escape into the new im-
pounding reservoir. The mine is not in the
bed OF mountain stream
AS 10 the third obi elton, it Is held that
there is no danger 10 the nayigability OF
the streams from the breaking decay wing or
destruction Of the cribs. These in time will
decay, but they Will Ouuast 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 Il need not /
be expected, andif it should come the result /
would be simply TO choke up the shaft and /
permanently close ID.
In conclusion, Judge Gilbert says: "In |
short, the danger IS so remote and Improb- /
able that the court Is not justified in enjOin- /
lDg the use OF the property and thereby in |
teTdicting valuable industry.
/ am not unmHdful OF the great danger |
TO navigation that has heretofore resulted /
from the deposit Of mining debris nor of the |
I'D poTtant Interests that are involved but | |
am convinced that in the case of this par
flculaT mlBe the contingency has arisen
which was contemplated in the decision OF |
this court in the mining debris cases in pro-
yiding that the decree might be thereafter
modified upon q showing TO the court that
plan to obviate the Injuries had been sue
eessfully executed"
In the case Of the United States versus
e---ar4es IL Lawrence and others, which is
a $50 am @lE22 ts51 fTzt 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 90 feet |
deep sunk In the lower level Of the mine;
q
feet long, which empties into Canyon
Creek. About quarter OF a mile below the |
exit Of the tunnel dam has been con-
stTucted across the channel Of the creek. Il |
is crib dam Of heavy FIR logs pinned to-
gether at the corners and raised to the |
height Of g or 30 feet. The interior Of the
crib Is filed with stones. The current in
the dam is sluggish. The width Of the i'm
pounding pool is from 12j 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 tor
rental stream" and IS. therefore, liable TO
be carried away by freshets. The debris
fmpOunded above the dam would BY the |
same destructive forces be carried into the
streams below
Canyon Creek empties into the North
fork Of the 1uba 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 Sacra-
mento.
The impounding reservoir is not fun, but
its capacity. while considerably reduced at
present, may be increased by raising the
dam to a height Of 100 feet or more.
at is evident" says the Judge, that |
with the Increased height Of the dam cor
increase in its length must be
made, thereby entailing corresponding in-
crease of the danger of its breaking.
''1n view OF the principles announced In
the decision Of this court in the mining
debris cases in 1884 @ Sawyer, 44l), and 10 |
view of the justly grounded apprehension
of injury to navigation in the case Of anv
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
the bill"