The record-union., 1893-01-18

least three issues of the same. Pending
publication thereof said commission, or
committee thereof, shall examine the
mine and premises described in such pc
titlon. On or before the time so fixed all
parties interested, either as petitioners or
contestants, whether miners or agricult-
wrists, may file af1idavits, plans and maps
in support of their respective claims.
Further hearings, upon notice to all par
ties of record, may be granted by the
commission when necessary.
Section IS. That in case majority of
the members of said commission, within
thirty days after the time fixed, concur
IN decision in favor of the petitioner or
petitioners, the said commission shall
thereupon make an order directing the
methods and specifying in detail the
manner in which operations shall pro-
ceed in such mine or mines; what re-
straInlng or lmpounding works, if facii-
ties therefor can be found, shall be built
and maintained; how and of what mate
nal; where to be located; and in general
set forth such further requirements and
safeguards as will protect the public in
terests and prevent injury to the said
navigable rivers and the lands adjacent
thereto, with such further conditions and
Limitations as will observe all the pro-
visions OF this Act in relation to the work
ing thereof and the payment of taxes on
the gross proceeds OF the same: Provided,
that all expense incurred in complying
with said order shall be borne by the
owner or owners of such mine or mines.
Section II. That such petitioner or Pc
titioners must within reasonable time
present plans and specifications of all
works required to be built in pursuance
OF said order for examination, correction
and approval by said commission; and
thereupon work may Immediately COM
mence thereon under the supervision of
said commission or representative thereof
attached thereto from said Corps of En-
gineers, who shall inspect same from
time to time. Upon completion thereof,
II found In every respect 10 meet the re-
qulrementS of the said order and said ap-
proved plans and specifications, permis-
sion shall thereupon be granted to the
owner or owners of such mine or mines
TO commence mining operations, subject
to the conditions of said order and the
provisions of this Act
Section 10. That no permission granted
TO mine owner or owners under this
Act shall take effect, so far as regards the
working OF a mine, until all impounding
dams or other restraining works, if any
are prescribed by the order granting such
permission, have been completed, and
until the impounding dams or other re-
stralnlng works or settling reservoirs
provided by said commission have
reached such stSge as, in the opinion of
sad commission, it is safe to use the
same: Provided, however, that if said
commission shall be of the opinion that
the restraining and other works already
constructed at the mine or mines shall be
sufficient to protect the navigable rivers
OF said systems and the work of said COM
mission, then the owner or owners of
such mine or mines may be permitted to
commence operations.
Section 10. That in case the joint petit
Nr..ya
granted, the commission shall fix the re-
spective amounts to be paid by each
owner OF such mines toward providing
and building necessary impounding
dams or other restraining works. In the
event of q petition being flied after the
entry of such order, or in case the i'm
pounding dam or dams or other restrain
ing works have already been constructed
and accepted by said commission,
the commission shall fix such
amount as may be reason
able for the privilege of dumping therein,
which amount shall be divided between
the original owners of such impoundinp
dams or other restraining works in pro-
portion to the amount respectively paid
by each party owning same. The ex-
pense of maintaining and protecting such
joint dam or works shall be divided
among mine-owners using the same in
such proportion as the commission shall
determine. In all cases where it is prac-
ticable, restraining and impoundlng
works are to be provided, constructed,
and maintained by mine-owners near or
below the mine or mines before reaching
the main tributaries of said navigable
waters.
Section II. That at no time shall any
more debris be permitted to be washed
away from any hydraulic mine or mines
situated on the tributaries Of said rivers
and the respective branches of each,
worked under the provisions of this Act,
than can be impounded within the re-
straining works erected.
Section is. That the said commission
may at any time, when the condition of
the navigable rivers or when the capacities
OF all lmpounding and settling facilities
erected by mine-owners or such as NAV
be provided by Government authority
require same, modify the order granting
the privilege to mine by the hydraulic
mining process so as to reduce amount
thereof to meet the capacities of the facil-
tiles then i'll use, or if actually required
in order to protect the navigable rivers
from damage, may revoke same until the
further notice of the commission.
Section 10. That an intentional violation
on the part of mine owner~or owners,
company or corporation, or the agents or
employees OF either, OF the conditions of
the order granted pursuant to Section
Is, or such notifications thereof as NAV
have been made by said commission,
shall work forfeiture of the privileges
thereby conferred, anu upon notice being
served by the order OF said commission
upon such owner or owners, company, or
corporation. or agent in charge, work
shall Immediately cease. Said commits
sion shall take necessary steps to enforce
| its orders in case of the failure, neglect.
or refusal OF such owner or owners, COM
raar1 or ion
to comply herewith, or in the event of
any person or persons, company or cor
poration working by said process in said
territory contrary TO law.
Section 20. That said commission. or a
committee theretrom, or officer of said
corps assigned to duty under its orders,
shall, whenever deemed necessary, visit
said territory and all mines operating
under the provisions of this Act. A re-
port of such examination shall be placed
on file.
Section q. That the said commission is
hereby granted the right to use any of
the public lands of the United States. or
any rock, stone, timber, trees, brush or
material thereon or therein, for any of
the purposes of this Act; and the Secre-
t2ry of the Interior Is hereby authorized
and requested, after notice has been filed
with the Commissioner of the General
Land Office by said commission. settinp
forth what public lands are required by
it under the authority of this section. that
such land or lands shall be withdrawn
from sale and entry under the laws of the
United States.
Section -. That any person or persons
who willfully or maliciously iniure. dam
age or destroy, or attempt to injure, dam
age or destroy any dam or other work
erected under the provisions of this Act
for restraining, lmpounding or settling