The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-10-17
RESTRAINING DAMS.

The Miners Convention has resolved
to ask the Government to appropriate
million or SO, to be added to sums to be
asked from the State, to build dams to
hold back the debris of hydraulic mines.
It is recited that it was through Federal
agency that hydraulic mining was
checked, therefore the Government
should pay the cost necessary to enable
the industry to be resumed.
This is not true. The Federal Govern
ment was not the agent employed to pre-
vent hydraulic miners from invading the
rights of the people below them. II was
the invocation of q principle of law older
than the Government by a thousand
years that stayed the hand of destruction.
It was through the State courts, which
applied this old, sound and undeniable
principle of justice, that stopped wanton
injury of innocent parties.
But why should the Government build
dams for the miner any more than re-
claim lands for the agriculturist? Yet it
is settled principle and policy of the
Government that it will not make ex-
penditure for private ends. 1t so held
away back in the other century, and that
policy has not been departed from. So it
comes that navigsble rivers are not
treated by the Government to conserve
the interests of the people living along
them, but to preserve navigation and inn
prove it for the benefit of the United
States and all the people.
Government to improve stream for the
purpose of reelailning the lands of
private parties. If treatment Of river
results in reclamation that is the land
owners good fortune, but not the end
and purpose of the Government. So it
will be with the miners: Government
will not build dams for them. A wholly
new policy would have to be adopted
and an old and settled one departed from
first. This the Government will never
do, for the precedent would be danger
Gus, and lead to the most extraordinary
demands and grants.
And speaking of dams it is noteworthy
that another of these 'saviors'' has gone
the road of all debris barriers, for the
Valentine dam in Shasta County has
given way and the vast stores of mining
debris held behind it has made off toward
and into the river. And such viii be the
fate of all such dams built to accom- % odate
hydraulic mining. Even if kept up
while the mining in a given place pro-
crosses, they will be left to decay and
wreck when the mining ground is
worked out, or when the basin capacity
created is exhausted. There is no
guaranty, nor can there be any, that
these dams will be permanencies. None
of them can as yet be so declared. Con-
structed at the best in an unsubstantial
manner, sooner or later they must fail
into decay, and then the torrential
washes of the mountains will wear down
and sweep the accumulations behind
them into the tributaries of the navigable
streams and down upon the agricultural
lands of the valley and foothill dwellers.
AT the miners convention in San Fran
cisco Miner r. NJ. Clarken of Sacramento,
who mines in law Office up one flight of
stairs on street, was Chairman of the
Committee on Resolutions. Miner
Clarken, who hydraulics among the
law books of an Office dusty with legal
lore, presented preamble aud resolu-
ton that read:
WHEREAS, The injustice done 10 a great
branch OF the mining industry OF TINS State,
whereby thousands OF people were ruined
ana millions OF dollars WORTH of property
destroyed still continues TO exist. in spite Of
every effort made to bring them relief with
out injury TO others: therefore, be IL
IsesCfced. That believe that as IL was
through one branch OF the Federal Govern
ment Jhat the hydraulic mining industry was
through another branch OF the Government
that relief must speedily come.
The pfeahp,e anu RESOLUTION were
adopted. But how much better they
would sound had Miner Clarken by the
midnight oil OF his law Office have formu-
lated them to read thus:
WHEREAS, The injustice done TO agricult-
/ IRE and dwellers along the great rivers OF
| California TO the navigaDie streams and TO
i the low lands whereby thousands of people
have been ruined and millions of dollars
/ worth of property destroyed. still exists, in
spite of every effort made to OBTAIN reiief.
| hes0gUed That we believe that as il was
! through the neglect OF the Government that
/ these evils have been visited upon unof-
4 sendfug people. and their industries de-
! stroFed or Frustrated. so it must be by action
! OF ths. Government That relief be secured 10
! the people, the rivers and the low lands from
| the fiood OF u ydraulic mining debris, etc.