The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-04-10

tlce to all parties of record. may be granted
ny tne commission when necessary.
Sectlon 8. That in case a majority of the
members of said commission within thirty
uuy aiter the time so fixed, concur in a deci-
sioh ID Iavor OF the petitioner or petitioners
tne sara commission shall thereupon make
an ORDER directing the methods and specifying
IN detail the manner in which operations
s sna, proceed In snch mime mines; what
ittining or lmpounding works, if facilities
tnereior can be found, shall be built and
tiiall iained; how and of what material where |
t 10 pe located; and in general set forth such
Iui .ner requirements and safeguards as will |
protect the public interests and prevent in |
Jury 10 Inc said navigahle rivers, and the |
amos adjacent thereto, with such further con-
uItlonS ana limitations as will observe all the
provisions OF this Act in relation to the work. |
ing thereoi and the payment of taxes on the
gross proceeds of the same: Provided, that all
expense incurred in complying with said or
Ger snail be borne by the owner or owners of
such mine or mines.
81 ction a That such petitioner or petit
uoners must within reasonable time pre-
sent plans and specifications of all works re-
qulreo TO be built in pursuance of said order
loi sAaihllallon, correction and approval by
salu commission, and thereupon work may
lnlmeulately commence thereon under the
supervision OF said commission or represent
awe thereof attached thereto from said corps
VI engineers, VINO snail inspect the same from
tlne TO time. Upon completion thereof II
iouhu IN every respect to meet the require
tie.ss Oh Ihe said order and said approved
plans ana specifications. permission shall
tnereupon be granted 10 the owner or owners
OF sucn 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 a
mine owner or owners under this Act shall
laKe e19ct, SO far as regards the working of a
mine, until all impounding dams or other re-
stralnlng works, II any are prescribed by the
oraer granting such permission, have been
completed and until the impounding dams or
other restraining works or settling reservoirs
provided by said commission have reached
such stage as, in the opinion of said commits
N me-
ever, that II said commission Shall be of the
opinion that the restraining and other works
already constructed at the mine or mines
snau De sufhcient to protect the navigable
rivers OF said systems and the work of said
commission, then the owner or owners OF such
mine or mines may be permitted to commence
Section 16. That in case the Joint petition
referred to In Section IL hereof is granted,
the commission shall fix the respective
amounts to be paid by each owner OF such
mines toward providing and building neces-
sary impounding dams or other restraining
works In event ofa petition being filed after
the entry OF such order, or In case the i'm
pounding dam or dams or other restraining
works have already been constructed and &C
cepted by such commission, the commission
shall h1 such amount as may be reasonable
for the privilege of dumping therein, which
amount shall be divided between the verified
owner of such impounding dams or other re-
straining works, in proportion to the amount
respectively paid by each party owning same
The expense OF maintaining and protecting
among mtne-owners using the same in such
| proportions as the commission shall deter
| mine. In all cases where 1t is practicable re-
stralnlng and lmpounding 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 rivers.
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 provis-
! ions of this Act, than can be impounded
within the restraining works erected.
| Section Is. That the said commission may
at any time, when the condition of the navi-
| gable rivers or when the capacities of all the
| impoundlng and ing facilities erected by
mine-owners or such as may be provided by
| the Government authority require same
! modify the order granting the privilege to
mine by the hydraulic mining process so as to
| reduce amount thereon TO meet the capacities
OF the facilities then in use, or If actually re-
| CURED in order 70 project The navigable rivers
| from damage may revoke same until the
| further notice of the commission.
Section 10. That the Intentional violation
on the part of the mine-owner or owners
| company or corporation OF the agents or en-
| ployes OF either, of the conditions of the order
granted pursuant 10 Section Is, or such
notifications thereof Us may have been made
! by said commission, shall work q forfeiture
of the privilege thereby conferred, and by
notice being served by the order of said COM
mission upon such owner or owners COM
pany or corporation, or agent in charge, work
! Shall Immediately cease. Said commission
shall take necessary steps to enforce its orders
in case of the failure, neglect or refusal of
| said owner or owners, company or corpora
| tion, or agents thereof, to comply Herewith
or in the event of any person or persons
company or corporation, working by said
process in said territory contrary to law
Section 20. That said commission or n
committee therefrom, or officer of said corps
! assigned to duty under Its orders shall. when,
/ ever deemed necessary, visit said territory
and all mines operating under the provisions
of this Act. A report Of such examination
| shall he placed on file.
Section 81. That the said commission is
| hereby granted the right to any OF the
public lands of the United States or any rock
| stone timber, trees, brush or material there
ON or therein for any of the purposes OF this
J Act, and the Secretary of the Interior is
hereby authorized and requested, after notice
| has been filed with the Commissioner OF the
! General Land Office by said commission. set
| ting forth what public lands are required nv
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 20. That any person or persons
who willfully or maliciously injure, DAMAGE
or destroy, or attempt 10 injure, damage or
| destroy, any dam or other work erected Under
! the provisions of this Act for restraining i'm
pounding or settling purposes, or for use in
| connection herewith shall be guilty of a
misdemeanor. and upon conviction thereof
| shall be fined not to exceed the sum OF SIS, 900
| or be imprisoned not to exceed five wears or
| by both such fine and Imprisonment In the
| discretion of the court. And any person or
persons, company or corporation, their agents
! or employees, who shall mine by the hydraulic
| process directly indirectly lnjuring the
/ nsvigable waters of the United States, in yio-
! lation of the provisions Of this Act shall be
guilty OF a mIsdemeanor and upon conviction
| thereof shall be punished by fine not ex-
ceeding $4,000 or by Imprisonment not ex-
ceeding one year, or by both such fine and
! imprisonment, in the discretion OF the court.
provided that this section shall take effect on
the LIST day of May, 1898.
Section %. That upon the construction by
the said commission OF dams or other
works for the detention of debris
| from hydraulic mines and the Issuing
! of the order provided for by this Act
! to any individual, company or corporation
operating hereunder working any mine or
mines by hydraulic process, the debris from
which flows into or is in whole or in part re-
| strained by such dams or other works erected
| by said commission, shall pay tax of per
| centum on the gross proceeds of his, their or
| its mine so worked; which tax Of 3 per centum
shall be ascertained and paid in accordance
| with regulations to be adopted by the Secre-
tary OF the Treasury, and the Treasurer of the
/ United States Is hereby authorized TO receive
| the same. All sums OF money paid into the
! Treasury under this section shall be set apart
and credited to a fund to be known as the
debris Fund" and shall be expended by said
commission under the supervision OF the Chief
| OF Engineers and direction of the Secretary OF
| War; in addition to the appropriations made
by law in the construction and maintenance