The record-union., 1892-02-04
RIVER IMPROVEMENT AND MIN
ING.

ton petitions have mostly departed; a
few more members are to go on next
Monday. This departure is, therefore,
the first practical advance in the prosecu-
ton of the policy upon which river and
mining interests are now so happily
agreed.
1t is timely and important, tk srefore to
consider again precisely what that policy
is, and to define it with such clearness
that there can hereafter be no possible
misinterpretation. On their part the rep
resentatives of the mining districts con-
cede that the Interpretation of the law of
the issue as made by the courts in the
past is sound; that every man must so
use his own as not to do injury to, or
trespass upon the right of another; that
the navigable streams are free highways
and the heritage of all the people, and
that it is an offense to obstruct or fill
their channels by artificial processes, or
to make dispositions in their tributaries
that will contribute to such obstruction
and filling.
Conceding these things, the miners
also pledge themselves to respect the de-
crees of the courts, and to notfurther give
cause for calling the powers of the tri-
bunals into exercise.
On their part the representatives of the
river and valley interests disclaim that
they entertain any hostility to mining
industries; aver that they sincerely de-
sire the prosperity of the whole country.
and renew their declaration that their
purpose is the restoration of the rivers
and to defend an inaIienable right, which
not even Congress has the power to in
wade, to wit: to enjoy their possessions
and industry lawfully and without inva-
sion or destruction by the prosecution of
any other industry.
Both parties agree that the navipable
streams are public highways, the com
mon property of all the people, and of
right should be conserved, protected and
rectified by the Federal Government.
That great amounts of mining debris
have been washed into the lower reaches
of tributaries of the rivers and menace
the channels of the latter, which are
already choked and greatly injured by
hydraulic mining wash. That Govern
ment engineers have reported that this
impending descent of sand, gravel and
clay ought to be and can be stopped
where it is.
Both parties, therefore, appeal to Con-
gress to clear the navigable streams,
rectify their courses where neces-
sary, prevent the further degradation
of their channels, and to do necessary
work to their restoration to full navi-
gability. Both parties agree that
the mining industry has been greatly
reduced by the enforced cessation OF
hydraulic mining; that the promotion
of mining is greatly to be desired, pro-
vided, always, that it can be done with
out injury to the navigability of the
AANOASs dhA N1Il1OOl IANdSlOn O1 IlG
of the valley dwellers to be free from
menace or actual danger by reason Of
hydraulic mining. To that end Congress
is asked to make appropriations, pursue
investigations and enter upon the work
of river restoration and protection.
But in arriving at this amicable, just
and high-minded plane of agreement
and for which end the RECORD UNION
has for twenty years labored and con.
stantly held that is the bounden duty Of
the Federal Government to protect and
preserve the navigability of the rivers
and that any incident benefit to mining
or agriculture flowing from such Gov
ernment policy would be gratifying-the
river interests are not understood as yield,
ing any natural rights.
Hence, it is of the utmost importance
that, in any legislation asked of and
granted by Congress, it should be kept in
view that neither directly nor in.
directly, by implication or otherwise
must an attempt be made to invade the
principle of the common law-and which
is also a constitutional guarantee-ex
pressed in the maxim that each must 81
exercise his own right as to do no injury
to that of another.
If engineering science enables lowlant
reclamation and mining activity to b,
prosecuted as incidents of the centra
task it undertakes, it must be with the
distinct expression that Congress doe.
not attempt by direction or by any words
that may be open to the Implication tha
ii authorizes, justifies or defends tn,
invasion, repeal or avoidance of the
maxim referred to. and which lies at tht
basis of the enjoyment of lawful posses
sions.
That the mining sections may soor
enter upon renewed prosperity and tn,
wealth of the mountains still more con
tribute,to the common good, is the hops
and desire of all fair-minded citizens
That any legislation shall be had imply
ing that the Government, by sale of it
mineral lands, gives warranty for th,
employment of hydraulic processes wher