The record-union., 1893-01-25
HYDRAULIC MINING.
THE SENATE COMMITTEE ON MINES
AND MINING DEBRIS
Examine Senator Ford's BiII-Mr. Os-
from Opposes the Measure
No Action.

The Senate Committee on Mines and
Mining Debris met yesterday. Chairman
Ford presiding. Senators Goucher, Mar
tin, Voorhies and Ostrom made up the
quorum.
Senate Bill No. so twas the first taken up.
The bill provides that hydraulic mining
may be carried on, provided, no material
damage is done to the valleys.
Senator Ford. the author of the bill
spoke in favor Of recommending its pas
sage. He said that under the common
law and the recent decision of Judge Gill
bert i'll the North Bloomfield case. bv-
draulic mining could go ahead, provided
no damage was done. But California was
strictly a code State, and when a priuci-
pie Of law was laid down, it should. in
his opinion, be incorporated in the codes.
Senator Goucher questioned the
strength of the definition of hydraulic
mining given in the bill. It said that
that class of mining was mining bv
means OF the application of water under
pressure through nozzle, against a
natural bank" This definition migbf
shut out other kinds of hydraulic mining.
Mr.. Ford admitted that it would bar
out any other kind of hydraulic mining.
but he did not know Of any other kind.
Yhe definition was tne same as that con-
tained in the bill Senator Stanford intro
duced several years ago in the United
States Senate.
Senator Ostrom opposed the bill. He
was not lawyer, he said, but a plain,
ordinary farmer; but his idea was that if
the bill became law it would supersede
the common law, decisions and every
thing else. 1t would preclude any further
decisions on the subject, as it would
then be the law of the State. Beside. the
Yuba Senator said that when the farmers
and miners met in Joint convention il
was agreed on both sides that the whole
matter should be submitted to the Ma
tional Government, with the view of get
ting relief for both sides. He did not be-
lieve in the State tampering with the
matter now.
Mr.. Ford said that the Caminetti bill.
which provides for the very relief that
both farmers and miners want, would
probably become a law in a few DAYS.
But such supplementary laws as were
neededwould have to be furnished by
the Legislature.
Ex-senator Cross of Nevada County
was then called upon by'Mr. Ford to adj
dress the committee. He assisted in
drawing up the bill and is well up on the
subject of mining. He said the bill did
not contemplate changing the law at all,
but was simply intended to amend the
Civil Code so that it would contain COM
mon law that already exists. The Civil
Code was. taken all through, simply an
attempt 10 codify decisions, new princi-
pies of law and laws that already exist.
so that everybody could read them. The
gentleman went on to some length to ex-
plain the provisions Of the Caminetti bill,
and argued that the Ford bill now pro-
posed would assist in carrying out the
spirit of the other.
Senator Ostrom was afraid that the bill
would cause all the hydraulic mines to
open up and resume business before the
proper time, and would cause a fresh
outbreak of litigation and hostility be-
tween the farmers and miners.
Senator Goucher did not think that
the Legislature could anticipate pros
pective troubles and litigation. He rather
favored the bill, agreeing with Senator
Ford that its only effect would be to place
IN the code a law that already exists.
There could be no danger in making
law OF the bill. The only thing he cues
toned was the definition of hydraulic
mining contained in the bill
Senator Ostrom seemed to look upon
the definition as an evasion. Hydraulic
mining could be carried on by running
water over bank or by blasting before
turning the water on. Beside, he thought