The morning call., 1893-10-11

rules and regulations prescribed by said de-
partment for its government and tnat OF ils Oh
hcerS In disposlng of said landS sDai De so
formulated and administered as TO assist the
government in disposDg or sald lanoS 10 ooha.
hde applicants. and not so as 10 linpeue said
sale or impose onerous burdens ON applicants.
Seeond-Your committee further recommends
that the following bill be presented 10 Con-
gfess and IFS passage urged as llleans loI .ne
better carrying out OF the proViSiohs Vi tne pres
An aetappropriatina oney for the construction
OF works to impound mining deorls ana therepy
protect the navigabie streams OF CaliIornia
Be il enacted by the Senate and House OF Repre-
sentatives of the united States OF America In
congress assembled:
out OF anv money in the treasury not otherwise
appropriated, the sum OF Sl03O,ouU, wnicn sum
shall be immediately available and shall be ex-
pended under the direction of the Secretary of
War in ACCORDANCE with the plans specifications
aud Recommendations of the California Debris
Commission appointed under the act OF Congress
entitled ..An act to create the California Debris
Commission and regulate hydraulic mining in the
State of California" approved March l. 1898. for
the purpose of constructing WORKS or the restrain
ing and impoundiDg OF mining deorls upon the
rivers in California and the branches OF such trib
utarieS.
| Sec p whenever any such works for the
straining and mpoundtng OF mining debris shall
have been constructed out OF such appropriation
or shall have reac he'd such a stage as in the opin
ion of said commission it shall be safe to use the
same il shall be lawful for said commission to
make the order provided for In section l3 OF said
IL.
accordance with the provisions OF sections 8. 10.
and of said act. but in such cases the owners
of the mines affected by said orders shall not be
bound by the proviso to said section l3 of said
act nor by the provisions contained in section 10
thereof.
power to make the order provided for in section
I3 said act as to any mine or mines whenever II
shall appear the satisfaction of said commission
that no impounding works are necessary (other
than the means already provided for by nature)
to protect from material injury the navgable
Sfraan ms m said
cent thereto. upon proceedings had in accordance
with sections 8, 10 and II of said act.
Fulweiler noticed some omissions in the
report, but was satisfied with 1t. however,
but Burrows OF Grass Valley was mot
Although a member of the committee. be
did not sign the report because he be-
lieved it contained sweeping structures on
the so-called Stewart bill.
"The only man tile miners have in the
upper house." said he, ''ls Senator VIII
liam A. Stewart of Nevada, and to-day he
stands as a representative mining man for
the gold as well as the silver mining IN
dustry. And so don't think the structures
placed on his bill are fair or in good Judg-
ment This convention should net be
spelling for a fight. The Stewart bill
should not be submitted to this wholesale
criticism. If we attempt to revamp the
whole thing and expect to get IL passed
we will find ourselves mistaken.
Then he gave his various reasons for
obiectipg TO what he called the wholesale
opposition to the Stewart bill, taking up
each clause and section until the conyen-
ton evinced impatiencP.
Keon of Placer was decidedly impatient,
and he did not fail to impress the conVen-
ton with that fact. Said he with en-
phasis:
"These matters were discussed at the
committee last night. There was good
legal talent on the Stewart bill. and it re-
ceiyed full consideration in the commit
tee. There have been no structures on the
Stewart bill, but only debate on 1t by
able lawyers. If Mr.. Burrows, who was
on the committee. did not attend last
night, he should not speak now."
The chair prohibited further Interrupt
tion to Mr.. Burrows speech except on
points of order or information, and Bur-
rows continued down TO the end of the
bill.
WallIng of Nevada County. prominent
mining attorney, gave his opinion In very
terse and pointed language, both on the
Stewart bill and the committees report.
He said that no intelligent man can read
the Stewart bill without seeing running
through it additional limitations on the
rights of miners. But with regard to the
suggestions of the committee they constl-
tute amendments that VII! tend to enlarge
the provisions of law under " hich miners
can secure ownership of claims. What
the miner wants is a chance to obtain
titles to mineral lands without being him.
self surrounded with oneTous Tuies and
restrictions. Then he submitted that the
criticisms of Burrows were either because
the report was entirely misunderstood or
Burrows did not have the knowledge of
the bill which he received credit for
having.
Ford of Sierra replied TO certain state
ments made by Burrows upon legal points
in the report and concluded by saying
miners want the land agent to under
stand that when a miner who desires TO
take up mining claim. says it is land of
| a mineral character the claim is min
eral."
With this remark vote was called for
and the report was accepted. Burrows
alone voting in tho negative.
A motion to reconsider the vote appoint
ing three miners from each county associa-
ton to prepare an exhibit for the Md
winter Fair was made. Filcher of Placer.
who made the proposition. wanted an ex-
ecutiye committee of five from San Fran
cisco. men personally interested in mining,
to act in con- junction with the county
branches as central body. After pro-
loDged discussion it was decided that the
chair should appoint the committee. The
county committees were then handed in
as follows:
Amador-A. B. Paul. George Heazalton.
James II. Tibbetts.
Alameda-A. j. RalstoD, Grant l. Tag
CART. Ii. G. Blaisdell.
Calaveras-Ira Hill. /. S. Foorman. S. S.
Mnser.
Butte-Frank Mclaughlin. L. l.. Meyer,
A. Eckman.
Nevada-George Mainhart. S. p Dorsey.
Fred Letter.
PIacer-Harold j. Power. F. F. Hartley,
j. Z. Doolittle.
Shasta-Joseph Bell. A. B. Paul, r. NJ.
Seltzer.
Ell Dorado-G. w. Cummings, E. W.
Fitzgerald, j. w. Estes.
Siskiyou-John Daggett, James Vance,
Il. H. Campbell.
Ynba-James O'BrieD. William B. Meek,
Joseph Durfee.
San Francisco-W William Johns, S. j..
Hendry. Z. Chappellett.
Tuolumne-Charles S. Fitch, X. r. Oil
yer, NJ. Hartman.
Walling told the convention that the
legislative committees report was a selec-
ton of Stewards best ideas. and conse-
quently modification of his bill with its
proposed amendments. Important addi-
tiOns were made, and regarding United
States Land Office rulings aud hydraulic
laws commendable recommendations were
made TO the convention. But be liked to
see more definite action taken, and for
that purpose he moved that committee of