The record-union., 1893-02-10
FOrfS Hydraulic Mining Bill
Passed by the Senate.
OSTROMSSTRONG OPPOSITION
But He Was the Only One Who
Voted Against the Measure.
THE NEW COUNTY OF MADEIRA.
The Senate FaVOrS Its Creation by an
Unanimous VOte-The Railroad
Commissioners.
THE NEW COUNTY OF MADEIRA.

Senator Ford's bill, providing that 'the
business of hydraulic mining may be
carried on within the State of California
wherever and whenever the same can be
carried on without material injury to the
navigable streams, or the lands adjacent
thereto" was taken up by the Senate yes
terday forenoon, and, as was expected, il
met with vigorous opposition at the
hands of Farmer Ostrom.
The Yuba Senator was loaded for the
bill and as soon as it was read he offered
an amendment, striking out the word
material" He intimated that this word
was liable to cause great deal of trouble.
He expressed considerable surprise that
the bill should be taken up so suddenly.
IT WAS VERY MATERIAL.
This word "material' is important to
the miners and their representatives, and
friends in the Senate arrayed themselves
against the amendment instanter. Mr..
Ford arose and explained that his bill
was simply intended to incorporate in the
code well-established presidents and
judicial decisions. To strike out the
word ''material' would be to emasculate
the bill.
The handsome young Senator from ST.
ezra then surprised his colleagues with
his eloquence. He spoke dramatically
yet earnestly, and held his hearers spell
bound.
"The Senator from Yuba expresses
surprise that this bill should be called up
at this time" he said. LET me remind
the Senator that he is a member of the
committee that considered this bill and
reported it favorably to the Senate; that
he was present at at least three meetings
of the committee when this bill was I'M
der consideration and thoroughly dis
cussed; that the bill has been read once
in open Senate, and is now nearing the
head of the second reading file, and that
to-day is day set apart by our rules for
calling up bills out of order. But, if the
Senator be surprised, how much greater
must be my surprise at his efforts to
assassinate the bill with an amendment.
This effort on the part of the Senator con-
vinces me that the era of good feeling be-
tween the miners and the farmers that is
so desirable is being further postponed
by the unwise and unfortunate conduct
of our valley neighbors. The principle
laid down in the bill is but the doctrine
of the courts embodied in code section
The spirit of our laws is to codify Legal
principles so that all may read and I'M.
derstand the law"
READ SOME LAW.
Here Mr.. Ford read from the decision!
of the courts, both State and Federal
with reference to the doctrine enunciateC
in the bill, concluding with the recent de
cision of Judge Gilbert in the celebrated
North Bloomfield case.
"All we ask" he resumed, sis to EN-
body in the code that which is alread,
admitted law. I did not anticipate an!
opposition to this measure, and am sorr,
indeed that any Senator feels it nceessar,
TO do aught to prevent a correct and jus
principle of law from being embodied il
our codes. We do not ask by this bill
any privilege not already granted us b.
the courts, and it is with difficulty that
can calmly refer to the criticisms agains
it. Meekly have the miners bowed t.
judicial DEGREES, though they knew tn
result was the destruction of millions @
dollars worth of property and the desc
lation of thousands of homes. Never il
the history ofthe world did any people, o
class of people, ever submit more loyal,
TO the mandates of judicial authority
Now, when light begins to dawn, whel
the National Congress has taken hold @
the subject and solution of this vexe,
question seems probable in the nea
future, it is certainly evincive of re
markabIe spirit, to say the least, to say, il
effect, to the miners. You may not pur
sue your calling, even though no ma
terial injury result therefrom.' canno
believe that this Senate will concur in tn
sentiment embodied in the Senator
amendment"
Mr. Ford concluded with an eloquen
tribute to the miners, and drew glow
ing picture of the prosperity that woul
follow rehabilitation of the mining in
dustry.
WILSON'S QUEER ARGUMENT.
Senators Martin, Campbell and Wilso,
smoke in favor of the bill. The last
named's was an unique argument. H
said the debris washed in the rivers iron
the CANYONS and hollows where shee
and cattle ranged amounted to 1000 ton
to every pound of debris from the mines
He said the miner had been wronged
and he was willing now to turn arount
and do him justice. "We farmers" h
said, ''can get nothing for our produce
If there is money to be made out of min
ing let us drop the Improbable industry
and foster that which is profitable"
Recess shut off further debate for
time.
MR.. osTRoM AGAIN.
In the afternoon. however, the discus
sion was resumed, Ostrom taking tn
floor. He said the word material i
the bill was what Senator Wilson woul
call the bug" in it. He intimated ths
Senator Ford was not the real author c
the bill, and that somebody else invente
it. If adopted it would mean disaster, h
said. 1t would mislead the miners
making them believe that law had bee
enacted permitting them to resume by