The record-union., 1893-02-23
THE HYDRAULIC MINING AMI
RIVER BILL.

NV 4oll-i-a
Presumably the committee mining bill
will be approved by the President, and
thus become law. A full synopsis OF
the bill was printed in the RECORD
UNION yesterday, the exact text of the
measure as finally agreed upon not being
at hand.
Perhaps no Act of Federal or State legis-
lation has ever come before the public
fraught with so much of importance tc
the whole people of California. The situ-
alton is simply stated thus: Navigable
rivers, owned and controlled by the Fed
eral Government, and constituting the
trunk drains of the largest valley areas oi
the State, have deteriorated, filed up
and their navigability been seriously i'm
paired. This effect has operated also
upon nayigable channels of bays into
which these streams debouch.
This filling has been done by two
forces; that Unnatural erosion, and that OF
artificial deposition, due to hydraulic
mining in the main.
This filling has had the effect of impair
ing the carrying capacity of the rivers,
and has augmented the flooding of low
lands, and the destruction of river-bank
and valley property. The reclamation OF
delta overfowed lands has impeded the
discharge capacity Of the rivers, and rem
dered necessary the reopening of the
delta, or its supplementing by new and
artificial means of discharge.
The policy Of the Government has
been, and will continue to be, refusal to
lake any part or concern in the reclama-
ton OF low lands, or the accomplishment
of works for private betterment. But
low lands seeking protection and better
drainage may avail, incidentally, of any
means adopted to conserve the navigabil-
ity of the rivers.
Owing to unrestricted operations in
mining and to natural causes in the past.
canyons on the lower reaches of tribu-
taries of the navigable streams are
packed with vast quantities of debris
which is moving slowly but surely down
into the navigable channels. With hy-
draulic mining continued without re-
straining works, the tributaries behind
these deposits continue to fill and become
more precipitous, more rapid in dis
charge, and more dangerous as torrential
streams, and hence of greater capacity to
carry down debris.
Under the common law hydraulic min
ing has been forbidden and restrained.
IN all operations the results of which
have direct tendency to I'LL the tribu-
taries and Impair the navigability of the
rivers. Under these judicial orders min
ing is not inhibited that does not resultin
material damage to the rivers; but as to
Just what amount of matter can be car
ried in suspension and not prove iniuri-
Gus, has divided judicial Judgment, and is
still an unsettled question among the
people.
With the foregoing state of facts the
bill deals in treatment. 1t may be pre-
missed that the cessation of hydraulic min
ing is misfortune. 1t has stopped the
output of gold; it has closed an avenue
of means which the commercial world is
entitled to have kept open with due re-
gard to the rights of others. 1t has
thrown out of employment great mum
bers of workers, has stricken. mining
communities with business paralysis,
and has cut OFF markets of consumption
heretofore filed by local supply.
1t is the wish of all fair men and un-
biased people that hydraulic mining be
resumed. if it can be done under condi-
lions that will render it harmless to in
jure lowland dwellers and river naviga-
bility. 1t is the common Judgment that
the Federal Government should exer-
else its power to prevent the destruction
of the navigable rivers, and that it has
neglected its duty in this respect.
1t is considered now, that to that end
it may properly treat of hydraulic min
ing conditions and operations, and by its
supreme power determine when these are
and are not detrimental, and thus, by
inhibition, limitation or consent, forbid
one class of operations and license an
other, reserving, as condition, the right
at any timeswhen such license appears to
be injurious, TO withdraw it.
Upon this basis the new bill proceeds.
It creates Commission of Engineers oi
the War Department, which is to ex-
anime all the ground, define what re-
straining works are needed and what
their character and cost shall be, and tc
provide that those using them shall pay
for their construction. But the Govern
ment apparently does good part of the
work in determining its engineering