The morning call., 1893-06-18
GIANTS TO WAKEN
Now the Monitors Will
Play Once More.
HYDRAULIC MINERS MOVE.
Mining VIII Probably Be Resumed
in the SierraS This
Fail.

The California Debris Commission has
just organized and the resumption of
hydraulic mining as contemplated by the
Caminetti act passed by the last Congress
and the Ford bill, which became State
law at the last session of the Legislature,
VIII now proceed as rapidly as possible.
This commissions appointment and or
ganization was the last step required be-
tore hydraulic miners could take actual
steps toward getting their long-silent moni-
tors to playing again on the slopes of the
Sierras. Now that the way is open there
will be q steady progress in the rehabilita-
tion of the stupendous mining plants that
have been lying idle for so many years.
and many of the monitors will be at work
again this year.
Hydraulic mining in California was one
of the wonders of the world dozen years
ago. The vast scale upon whic h the oper-
ations of washing away great hills on the
mountain sides was carried on. the mar
velous streams of water. so much greater
than anything the world had seen before.
and the spectacular play of the great
monitors both by day and night made
hydraulic mining one of the most won-
derful things to be seen in California.
The operations were more striking than
the SO, ,0O0,0 900 in gold the hydraulic min
ers were annually washing out of the
river beds of another geological period.
But the hydraulic miners were reckless
of anything but the wealth they were find
ing, and twelve years ago the courts
stepped in to protect from further devas-
tatiOn and ruin the rich valleys below and
the navigable streams which were being
rapidly filled up. Hydraulic mining was
thus suddenly checked in the zenith of its
glory, when its production was the great
est and the operations the largest.
Twelve years have afforded time for the
warning miners and farmers to cool down
bit and feel like giving concessions on
the laws mentioned, to which the anti
debris people practically agreed, and which
afford at least a fair measure of protection
10 the valleys. No hydraulic mine can be
worked now if it does any material in
jury" TO rivers or navigabe streams. A
board of Government engineers control
the operations, and the penalty for viola
ting the law is a fine Of $1,000 or mpris0n-
ment not exceeding one year.
The thing that settled hydraulic mining
for the time being was the decision of
Judge Sawyer in the United States Circuit
Court twelve years ago, in the case of
Woodruff VS.. the North Bloomfield Min
ing Company, the largest hydraulic mining
company in the State. The court granted
the injunction prayed for in a sweeping
decision, to the effect that hydraulic min
Ing operations could not be carried on
when SAM" Injury to the streams resulted.
After this decision the anti-debris people
soon secured injunctions stopping every
hydraulic mine of consequence through
out the watersheds of the Sacramento and
American rivers. The courts then granted
injuncti0ns when "any" injury was shown,
and if the water of stream was muddied
TO any degree the injury was established.
Those decisions of the courts were based
on the common law, the statutes contain
ing no reference to hydraulic mining.
The Caminetti and Ford bills but placed
in the statutes of the United States and of
the State the common law principles con-
cernlng hydraulic mining upon which the
decisions OF the courts were based. These
bills, however, afforded the miners the
protection of the phrase material injury"
and provided for the erection OF dams to
restrain the debris from the rivers and for
the execution of the law by a board of
Government engineers, who alone can per-
init or restrain tho operations of hydrau-
lickers. excepting, of course, that appeals
may be taken to the courts from their de-
clslons.
The Debris Commission just organized
and now ready for business is. by appoint
ment OF the President, composed of
Colonel George Mendel. Lieutenant
Colonel w. Fl. II. Benyaurd and Major
". d. Heur of the Engineer Corps of the
ganized by electing Colonel Mendell presi-
dent and Major Heur secretary.
These Commissioners do not relish their
new job bit, for it involves an immense
amount of labor and study and they have
their regular engineering work along the
coast 10 take care of just the same. As
this will inconvenience the miners by
making delays unavoidable the Miners
Association will ask the Secretary of War
to detail two additional competent en-
gneers to work under their supervision
and this scheme meets with the cordial
approval of the Commissioners.
Before any miner may begin hydralick-
ing be must secure a license from the
Debris Commission, and this license can
not be granted until permanent restraining
dams. inspected and approved by the COM
mission, have been built by the miner or
an association of miners to impound the
debris washed Into any certain stream.
The proprietor of mine must first file
with the commission petition accom-
panied by duly acknowledged document
in which he surrenders to the United
States the privilege to regulate the manner
OF working the mine and the amount that
shall be produced therefrom. The CON-
mission must publish in the community
interested the petition and the time set for
its consideration. The petition must be
accompanied by exact and detailed infor-
nation regarding the location of the mine,
the streams draining from it, character of
the gravel, source of water supply, dimen-
sons of bitches. inches of water propo sed
to be used, amount of gravel to be handled
per hour, character of restraining barriers
existing or proposed, etc.
Petitioners and contestants, IL any, will
be heard on a specified date, and then the
commission will decide whether or not to
allow operations and what their extent
and method may be. When the miner or
association of miners get things in shape
for operations the Commissio oners will per-
sonally inspect the mine, and if they please
10 do so will let the miners turn on the wa
ter. the operations remaining under the
jurisdiction Of the engineers. The miners
will be required to turn over 10 the COM
mission per cent of their gross produc-
tioD.
1hIs, 10 a general way. is the method by
winch hydraulic mining will be resumed.
1t is expected now that three months or
so must elapse in any case after the filing
of a petition before all the legal steps re-
Quired can be taken.
Five or SIX petitions have already been
filed and many more will be filed very
soon. Mining men anticipate that a good
many hydraulic mines will be ready for
operation early in the coming season.
which begins with rainfall and conse.
Quent water supply. 1t is expected that
in 1894 there will be very great increase
in the operations and that within three or
four years hydraulic mining will have az