The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-01-11
MONITORS TO RUN.
Caminetti's Bill in the
Senate.
MINERS MAY WORK AGAIN.
The Committee Is Favorable and the
Measure VIII Probably Pass at
This Session of Congress.
MINERS MAY WORK AGAIN.
Special to THE MORNING CALI.

run Ol the oendte committee on MiDeS ana
Mining 10 consider the nydraulic-m
BILL There were present besides himself
Senators Stewart, Mills. Call and Irby Ex-
Representative Berry OF California made
statement to the committee. He was
anxious to have 1t understood that he was
here on other business but wished to pro-
pose an amendment in the shape Of tenaI
clause. He explained that there was
already In the bill, as passed by the House,
penalty for damage or attempted damage
to any restraining or impOundng dam or
other work erected by the miner and that it
was only fair that similar penalty should
be prescribed against the miners who yio-
lated the provisions of the bil. He accord
ingly submitted the following amendment
to section %: "Auy person or persons,
company or corporation, their agents or
employees who shall mine by hydraulic pro-
cess in violation of the provisions of this
act shall be punished by fine of not ex-
ceedng 5000. or by Imprisonment not ex-
ceedIng one year. or by both such fine and
imprisonment. in the discretion of the
court"
THAT seems fair enough" said a member
of the committee. "What is sauce for The
goose sh ould be sauce for the gander."
Senator Call thought that such penal pro-
visions would encroach upon the States
sovereignty, but after discussion it was de-
cided that this would not be the result as
Injury to the navigability of stt cams was
one of the important questions concerned,
and Congress would therefore have the
right to prescribe penalties in the premises
Senator FELTON, suggested that the word
may" in section 8 be changed to must"
thereby making it imperative with mine
owners 10 file with the Government
commission verified petition setting
forth such facts as will comply with
the law and rules prescribed by the
c, mmisSion before hydraulic mining can
be commenced. Mr.. Berry agreed that
sucn an amendment should be made. Sena-
tor Stewart thought that the change was
immaterial. and there being no objection
the amendment was agreed TO.
MIR. Berry dlselaimed the credit of repre-
senting either the agrculturists, river men
or mining men of California. Some were
opposed 10 the bill under consideration and
Others favored ii. but some fourteen or
fifteen prominent valley" men had agreed
with himself that penal clause sneh as he
proposed should be incorporated in the bill.
Caininetti made a statement in which he
agreed 20 the amendments proposed by
Sena tor Feltop, which have already been
printed. and to Berry's proposed amend
ment. He explained that section three, con-
cerning injury directly or indirectly to
rivers as a result OF hydraulic mining, had
been very carefully Norded so as not 10 in
lerfere with tie States sovereignty. In
answer to Senator Stewards question, Cam
iaeitl said that under his bill the California
State courts could enjon miners, as ct
present. If necessary. but ii was understood
and believed that the State would cooperate
With the Government in carrying out the
provisions of his bill The State would
permit hydraulic mining If no injury to
rivers resulted. directly or indirectly. and
he understood that bill had already been
introduced in the California Legislature to
provide means for the execution OF the pro-
visions OF such law, concurrenty with the
regulations prescribed by Congress and ex-
ecuted by the Government engineers.
In answer TO q pointed question from
Mills. Messrs. FELTON,, Caminetti and Berry
each gave his approval Of the bill with its
proposed amendments.
at the conclusion Of the remarks OF Berry
and Caminetti. the committee went into
executive session, and Senator FELTON, gave
II full explanation OF the terms Of the Can't
netti bill. he said that millions of dollars
per year could yet be taken out by the
hydraulic process il the suspicious conten-
tions and jealousies of the factions in Cali
fornia could be appeased. FELTON, said that
his amendments were drawn under the ad-
vice OF both agriculturists and miners.
He thought that tine bill would give justice
to all classes, and was at least a step to
pave the way for legislation which would
ultimately prove great boon 10 California
and the country. He said that his amend
ments were calculated to render river pro-
lection more secure by making the provi-
sions Of the law more explicit.
Senator Mills thought that the tax of
per cent imposed by the bill upon miners
ought to be sufficient without requiring an
appropriation of $4,000 by Congress, which
amount Senator Stewart had declared to be
insufficient He thought that the benefi-
ciaries of the proposed law should bear ali
the expenses.
Stewart explained that the appropriation
of 5000 was merely TO defray the expenses
of the Government commission, and that
the expense of erecting restraining and i'm
pounding works was to be borne by the
miners. and paid by the 3-per-cent tax
levied on the output of the hydraulic mines.
"As understand it," said Mills. 'this is
not proposition to remove the debris. hut
to prevent its lodgment in the streams if
mining is resumed"
YES" said Stewart, "and TO restrain the
vast amount OF debris already there, which
would otherwise find its way into the
streams"
ut can be removed" said FELTON,. "for
half cent a cubic yard, whereas it would
,t1f - ff T., ,lx
Senator Call termed this wise economy
and other members OF the committee were
inclined to agree with him. The question
of Berry's amendment then recurring, Sem
ator Stewart thought it a little too harsh.
He said that heretofore pure malice had
actuated the prosecution OF the miners and
cited instances of this in Plumas County.
Under the penalty. as prescribed in Berry's
amendment, he was afraid that in the
future. as had been the case in the past,
there would be disposition to abuse the
process Of the law.
FELTON, said that Berry's amendment was
simply counterpart of the penalty pre-
scribed against the agriculturists for inter-
fering with the miners.
Mills saw no objection to Berry'S amend
ment, aud it was adopted.
All the members having expressed them
selves favorable to the bill. with Felton's
and Berry's proposed amendment attached,
Senator Stewart, by instructions of the conf
mittee. reported 1t to the Senate. Senators
Stewart and FELTON, arc not otready to say that
very much good will be accomplished, but
insist that the bill will pave the way for
future legislation Of vast benefit to Calfor-
MIA They believe that the bill will become
law at this session.
SUSPENDING IMMIGRATION.
When the President Shall Have
Power to Act.