The morning call., 1893-03-04
LAW FOR MINERS.
The President Signs the
Caninetti Bill.
THE RESTRICTIONS IMPOSED
1t Is Question if Hydraulic Mining
Will Pay if the Law Is
Enforced.

by President Harrison on Wednesday
afternoon In general terms the bill pro-
Vides lor the resumption of hydraulic min
ing, nut under such restrictions that, if fully
enforced, Old miners say only mines in cer-
tain favored localities can be operated.
Robbed Of its technical terms the new law
in substance is this: Hydraulic mines in
California and elsewhere in the United
States may be operated provided the miners
| ind way TO keep the dirt, sand loose rock,
etc., known as debris, confined in the noun
talns or elsewhere on the land. To do this
is the problem, aud 10 help the miners solve
the Vexed question Congress has provided
for corps of civil engineers 10 be selected
from the regular army to whom every
miner shall apply for permission to COM
mence hydraulic mining, and this corps of
engineers, To be known as the Debris Com
mission. VIII at once inspect his mine, tell
hlm what ne must do before he can COM
mence work and see to it that their orders
are Obeyed
1n other words Congress has said that the
naVigaoie rivers OF California shall never
| again be rendered unnavigable on account
| of the debris washed into them from
| hydraulic mines, and in so saying has also
said that good farming lands on the banks
oil these rivers shall neither be covered up
| with mud nor flooded out with water in
operated. 1t is well-known fact that on
| account OF the filling of the riverbeds with
the 's!lckens" or ''tailings" from hydraulic
mines not only have such rivers as the
Sacramento, the principal river in the State,
Oeen rendered almost useless in summer for
navigation, but they have been made
menace to life and property in winter.
/ ne present bill provides for the resump-
hon oI hydraulic mining. and provides as
well for the clearing out of the riyerbeds
and keeping them clear in future.
Great interest has been manifested in the
Dill In This State, and now that it has be-
come law the following resume of some
oil It's principal features viii not prove un-
interesting. The law as 1t stands provides,
first:
That commission be appointed to be known
as the California DebIis Commission. TO consist
OF thtee members appointed by the President of
the United States from the Engineer CORPS of
tie regular army, which commission shall have
charge OF the resumption of hydraulic mining;
mat ihe jurisdiction OF said commission In so
iar as lie same Affects mining carried on by the
hydraulic process. shall extend TO all such min
Ing IN mat territory drained by Ghe Sacramento
and san Joaquin river systems Hydraulic
minlng, directly or indirectly ujurlng Tie naVl-
eabllty OF said river systems, carried on 10 said
territory other than as permitted under the pro-
Clared unlawful.
That II shall be the duty of said commission to
adopt such plans will improve The naYigabiIIty
OF all the rivers comprising said sys ems deepen
Their channels and protect their banks. Such
plans shall be matuTed with a view OF making
The same effective as against the eucroacnmeuL
OF and damage from debris ;esultng from min.
Ing operations, natural cOrroSiOn or other causes
WIN view OF restoring as near as practicable
the nayigabitty Of said rivers TO the condition
existing In 1850. ana permitting mining by the
hydTauHe process as the term Is understood In
said State, TO be carried On provided the same
can Oe Accomplished without Injury TO the nayl-
thereto.
That it shall further examine survey and de-
termine the utility and Dractcabiliiy for the
| purposes OF storage sites In the tributaries OF
said rivers, or III the plains, basins. sloughs aud
tule swamp lands adjacent TO or along The course
OF said rivers, for tie storage OF debris or waller
as settling reservoirs, Will the object OF using
the same by either or all methods 10 aid In the
Improvement aud protection OF said uayig bic
rivers by preventing deposits therein OF debris
| resulting from mining operations, or for afford
| ing relief thereto IN Hood time, an providing
suDceht wafer 10 maintain securing force
therein 10 the summer season; and In connec-
tlou Herewith 10 investigate such hydraulic and
other mines as are now or may have been worked
by methods Intended to restrain the debris aud
ma etial moved Ia operating such mines by I'M
pounding dams. settling reservoirs or otherwise.
That the commission shall constantly examine
and mole the condition OF naYigable rivers and
Immediately report The ELECTS OF hydraulic
mining, the term hydraulic mining to have the
meaning aud application now gwen IL IN Cali
forna, and lie individual proprietor, or In the
ease OF Il corporation, its manager or agent ap-
pointed for that purpose, owning mining ground
In the territory IN the Stale OF California, which
II Is desired TO work by the hydraulic process.
| a
tton. setting forth such facts win comply with
law and the rules prescribed by said eommls.
sion. the instrument suTrendefng TO the Uuted
States the right TO regulate and control the
mining operations undertaken ON such claim
The owners Of several mining claims adjoining
AMI 20 situated as TO be able 10 use n Common
dumplugground for the debris may petition to-
gether ior the privilege of working their seperate
claims.
Debris Commission concur IN a decision 10 favor
OF the petitioner or petitioners, the said cOmuis
sion shall tberenpon make an oTGeT directing the
methods and specifying In detail the manner In
which operations shall proceed In such mine or
mines; what restraining or impOundlug works, II
facilities therefor can be found, shall be built
aud maintained; how and OF what material;
where To be located; and IN general set forth
such further requirements and safeguards as
VIII protect lhe public interests aud prevent
Injury 10 the said uavigable rivers ana The lands
adjacent thereto, with such further conditions
aul limitations as will observe all tue provisions
OF this act IN relation 10 the working thereof aud
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.
Before commencing work, however the mine
owners, aller having been granted the privilege
OF operating their mines, must file specfcA-
tons showing he nature OF the work they pro-
pose 20 DO to impOund the debris, and II the
specifications are found sufficient protection,
then, before commencing WORK on their mine or
mines, the restraining works must be completed
OF so lar completed as 10 allow mining TO be
commenced While the work OF completing the
restraining works Is In progress. Ii SAID com
mission, however, shall be OF the opinion that
the restraining and other works already con-
Structed al the mine or mines shall be sufficient
10 project the uayigable rivers OF said systems
and the work Of said commission then The
owner or owners of such mine or mses may be
permitted 10 commence operations at once.
A no line shall any more debris be permitted
10 be washed away from any hydraulic mine OF
mines situated on The tributaries OF said rivers
and lbe respective branches OF each worked uIl.
der The provisions Of this act than can be m-
pounded within the restraining works erected.
Debris ffpmmtCgtpp sha Ha -,
modify NJ any time any order permitting hydrau-
lie mining II they see that The restraining factl-
Il are not sufficient, aud any intentional Viola
tion OF the orders of The commission VIII result
IN revocation OF the permit given 10 mine by
the hydraulic process.
The bill continues 10 grant to the State of
California the right to construct any works
IT may desire for the purpose of deepening
Its nayiga6ie rivers, and also provides that
miners allowing the debris from their
mines 20 flow into the restraining works of
another miner or company shall pay 30 the
latter per cent of the gross receipts OF
their mines.
IN the State Legislature there is bill
pending to govern hydraulic mining under
the rights given the State of California under
the Camlnetti bill. To the bill, as originally
introduced, an amendment has been added.
which, slnco the Caminetti bill has become
law, Will probably be adopted, since it
embodies the essential features of protec-
ton to agrlcnlturists that are to be found
In the national law. The amendment to
the State law reads as follows:
IL shall be lawful 10 carry on within this State
quartz, placer, drl III and hydraulic mining, pro-
yded. however, that hydraulic mining snail not
directly or Indirectly occasion damage TO the
naNlgaDle rivers OF this State or the tributaries
thereof or the farming lands or cities thereon or
ADJOINING thereto; and provided also that such
bydrauilc mining shall not be carried on at any
point or place by any person, company or cor
potation until II shall have been determined that
mining by said hydraulic method may be carried
on ~ SAID point and place without damage 10
SAID rivers aud lands by the Debris Commission,
appointed and acting under authority OF the
Congress OF the United States, and permission
therefor given by said commission, as provided
by act OF Congress.
Old hydraulic miners say that the new
law Is almost as bad as absolute prohibit
ton so lar as the small miners are concerned.
line latter, they contend. cannot afford to
build dams across the mouth of canyons to
create reservoirs for the storage of debris,