The morning call., 1894-11-21

the Revised Statutes of the United States De
amended so as TO read: section 1887. Where
non-mineral land no. included III a lode claim
Is USED or occupied, or Is intended 10 be USED
or occupied, by the proprietor OF such vein or
lode claim for mining or mineral purposes such
non mineral surface ground may be embraced
ana included In an application for patent for
Sucn vein or lode claim, and the same may be
patented herewith or separately subjec TO
me same preliminary requirements as 70 GER
tlncate or notices hat are applicable TO vein or
lode claims, but no location hereafter made of
such 0n-mlntral land shall exceed ten acres,
and payment for the same must b. made at the
same rate as fixed by this chapter for the SUI
perfices OF the lode claim. The owner of a
quartZmil or reduction works not owning a
mine In connection herewith may also receive
parent Tor his mlllsite as provided In this
chapter"
In connection with the foregoing recommend
atoms concerning the amendment OF The Re-
vised Statues OF the United States, your COM
miltee would further sugg- st that such changes
be effected by an amendment OF the So called
Stewart mining bill which recently passed the
United States Senate and Is now pending in the
lower house OF Congress. Your committee rec
Ommends that all changes IN The Revised Stat
utes o. her than those above suggested BE- OPP
posed by this association.
Your committee would also state that it has
carefully examined into and deliberated upon
the provisions of H0usr bill No. 3476 intro
duced into the FifIy-thlrd Congress by the
States OF Montana and Idaho, with reference
10 the classification and selection OF mineral
lands lying within the grant TO the Northern Pa
cfc Railroad Company, within said several
States, defining what shall be classed and taken
TO be mineral land. and providing for The pro-
cedurr to be adopted by the Land Department,
whether the report of the Commissioners pro-
vlded for in such act as TO such selection are
con- eSted or otherwise, and your committee
respectfully recommends that the representa-
lives In Congress from the several mining
States be requested by this convention TO give
the bill their hearty support.
Your committee would also suggest an
amendment to Inc Code OF Civil Procedure OF
this State 10 the effect that in all civil actions
in The courts of this State where temporary
Injunction is issued at the time Of filing the
complaint, such injunction shall be dissolved
at he expiration OF one year from the date of
service thereof unless the parties to the action
consent TO IL continuing IN force for longer
time, or unless the action be set for hearing
upon Its merits.
Your committee would further recommend
that the following act be presented 10 Congress
and It's passage urged:
"An act apprOpriating money for the con-
struction Of works TO lmpound mining debris,
and thereby TO protect the naVlgable streams
of California.
BE it enacted blythe Senate and House of
Representatives OF the United States of Amer
tea 10 Congress assembled:
section l. That there is he eby appropriated
out of any money IN he treasury not otherwise
appropriated The sum OF one million and thirty
thousand dollars, which sum shall be immedi.
atelJ available and shall be expended under
the direction OF the Secretary of War, in ac-
cordance with the plans, specifications and
recommendations OF the California Debris Com
MISSION, appointed under the act OF Congress
entitled AN act 10 create the California Debris
Commission and regulate hydraulic mining in
the Stale of California; approved March 1.
1893, for The purpose of constructing works
for the restraining and impOunding OF mining
debris upon the tributaries Of the Sacramento
and San Joaquin rivers In California and the
branches OF SUCH tributaries.
''Sec. 2. Whenever any such works for the re-
straning aud impOunding OF mining debris
shall have been constructed out OF such appro-
urlation, or snail have reached such a stage as,
in The opinion OF said commission, 1t shall be
safe 10 use the same, IL shall be lawful for such
commission TO make The order provided for in
section Ii OF said act, upon proceedings being
first had and taken in accordance with the pro-
visions OF sections 8, IL and 1 of said act but
In such cases the owners of The miues affected
by SAID orders snail not be bound by The proviso
to said section 13 of said act nor by the prOvi-
sions contained In section l6 thereof.
''Sec. 3. The said commission shall also have
tn power 10 make the order provided for in
section 13 of said act as TO any mine or mines
whenever IL shall appear TO the satisfaction of
said commission that no impOundng works are
necessary other than the means already pro-
vidrd by nature TO protect from material in-
jury the nayigable stream mentioned in said
act and the land adjacent thereto, upon pro-
ceedings had In accordance with sections 3, 10
and II OF said act"
Your committee further recommends that
section % of an act entitled IAN act to create
the California Debris Commission and regulate
hydraulic mining IN the State of California "au-
proved March l, 1888, be amended so as 10
read as follows:
OSCtlOu AOG1s 1udG any person or persons
who wilifully or maliclOusly Iniure. damage or
destroy attempt TO injure, damage or de-
stroy. any dam or other work erected under he
provisions OF this act Tor restraining fmpound-
ing for settling purposes, or for use in conn C.
ton Herewith, shall be guilty of a INSIDE
meanor. and upon conviction thereof shall be
fined not TO exceed the sum of $500 or be
imprisoned not 10 exceed five years, or by both
such fine and Imprisonment, in the discretion OF
the court; and any person or persons, company
or corporation, tboir agents or employees who
shall mine by the hydraulic process, directly
or indirectly injur1ng the naVigabe waters OF
the United States in violation of the provisions
of this acI, shall be guilty of misdemeanor,
and upon conviction thereof shall be punished
by ine not exceeding $780,"
All of which is respectfully submitted