The record-union., 1894-03-28
New Controversy Opened Up in
Relation to the Caminetti Act.
QUESTION AS TO WHO ARE JUDGES
OF VIOLATIONS
Testimony for the Prosecution IN the
Heath Murder Trial CIosed-Wft-
nesses for Defense on the Stand
The Famous Baranon Castle. at
Sitka, Alaska, Destroyed by Fire.
Special to the RrcoRD-UNIoS.

$1,000
SAN Francisco, March 27.-The efforts
of the officers of the Anti-Debris Associa-
ton to secure the arrest of men who ere
violating the Caminetti law, which was
made a few days ago, has opened up an
other controversy between that associa-
ton and mining men of the State. The
miners insist that the Commissioners ap-
pointed by the President under the pro-
visions of the law are sole judges as to
whether any damage is done TO navl-
gable streams by hydraulic mining, and
the prosecutions should not be begun
until the alleged violations are investi-
gated by the Commissioners and they have
recommended that such action be taken.
The anti-debris people insist that it is not
the duty of the Commissioners to make
such investigations, ana the people Of the
State should not be bound by the Opln-
ions Of the Commissioners; that in cases
where streams are being filled up any
citizens whose property is IN danger OF
injury by such distractions should have
the right to go to the United States Courts
and secure the punishment OF those who
are violating the law.
The Caminetti law is somewhat intri-
cate, and the Debris Commissioners are
not very sure that they fully understand
its provisions The attitude of the Anti
Debris Association, however, has made
it necessary Tor some understanding to
be reached, and the authorities at Wash
ington will at once be called upon TO de-
fine just what authority the Commission
ers have, and what duties are obligatory
upon them. Those who believe that all
matters connected with hydraulic min
ing and navigable streams should be
passed upon by the Commissioners be-
fore legal action is taken, base their opin-
ion upon the following section OF the
Caminetti law:
''Seotion l9. That the intentional viola
ton on the part of mine owner or own
ers, company or corporation, or agents or
employees, of either of the conditions of
tie order granted pursuant to Section IL,
or such notifications thereof as may
have been made by said commission,
shall work the forfeiture OF the privileges
thereby conferred, and upon notice being
served by order of said Commissioners
upon said owner or owners, work shall
immediately cease. Said commission
shall take the necessary steps TO enforce
its orders in case of the failure, neglect or
refusal of such owner or owners TO COM
ply herewith. or in the event of any
person or persons, company or corpora
lion, working by SAID process in SAID ter
ritory contrary to law"
At the present time the Anti-debris
Association is unable to secure the prose-
cution of those engaged in violating the
law, and the California Debris Commis-
sion will not act until complaints are
made to it, and not in that event until
further instructions are received from
Washington.
At a meeting of the commission to-day
permits for hydraulic mining were issued
TO the following persons: Daniel W. AL
bert for the Union mine and w. w.
Lennon for the Conduit Ravine mine.
Both mines are located near Browns
Vile, Yuba County. \ permit was also
granted r. NJ. Mover for the Kelly Hill
mine in Butte County.
The following mines were granted per-
mits to construct dams: Spanish Hill
hydraulic mine, Spanish Hill gravel
mine and Mitchell hydraulic mine, all
being located near Placerville.
The Polar Star mine at Dutch Flat was
reported closing down, having accom-
plished all it can with its present inn
pounding works. 1t will soon make APP
plication for permission to increase its
ravine and dam and then resume work.
The Hustler mine. near Cherokee,
asked permission to begin operation. al
though its dam is not completed to its
1ulI hight. The request was denied.