The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-21
FARMER AND MINER.

FARMER AND MINER.
Editor Cali: In an editorial in your paper of
March II, 1895, you say: 'sWhen hydraulic
mining is released from the restrictions of un-
| just law and permitted once more to use the
| mountain streams in the work of separating
| the precious ore from the earth it will send a
stream OF gold across the State to revive all its
industries and advance the welfare of the Union
| and the world"
In previous articles you have expressed SINH
lar sentiments. l am satisfied that you do not
wish to do injustice to any one and that your
course has been and viii continue to be marked
by the spirit OF fair play. I, therefore, ask you
10 look at the other side OF the case.
The counties of the Sacramento Valley are
organized into what is known as the State
Ant1-Debris Association. This association Is
engaged in preventing hydraulic mining injuri
Gus to the navigable waters of the State, and is
Kept very busy in attempting to d ttain this re-
suit.
what are the restrictions OF unjust law
from which hydraulic mining is to be released?
Ihere seems to be an impression that some
special laws have been passed against hydraulic
mining, and if it had not been for the passage
OF these laws hydraulic mining might be pros
ecuted. This is not true. There is not and
never was any special law preventing or at
tempting to prevent hydraulic mining. Hy-
draulic mining may be carried on like any
other business, but like any other business it is
subject to the laws of the land, the laws that
govern every man. Nearly all the hydraulic
mining that has been conducted on the water
sheds of the rivers of the Sacramento Valley
has been done in entire disregard OF the prop
erty rights of others and in utter contempt OF
the rights of the nation in the navigable
waters of the State. The people affected by
these injuries have appealed to the courts for
protection. The Federal Government has
stepped in and brought suit to enjoin the hy
draulic miners from destroying the navigable
waters of the State and bay of San Francisco
The courts have declared the law as it has
always existed, and in every civilized country
must always exist-that is, that no man can so
use his property as to injure another's This
principle exists in every system of jurispru-
dence. 1t has often been enforced by the
miners themselves to prevent some other miner
from 1njurlng their property Is it an unjust
law that one shall not destroy or iniure
another's property?
No one objects to hydraulic mining where it
does no injury. No one could. But where n.y.
draulic mining Injuries private property, or
where it impairs the navigability of streams,
it ought to be prevented. Hhydraulic miners
will purchase ground on which to dump their
tailings and will prevent them from reach
ing and injuring those below, no one could OBJ
ject, even if he wished. The right of protection
to property is guaranteed by the constitution.
How can hydraulic mining be permitted to the
injury of property without restraint? What
Government would be worthy of the name
that did not protect its rivers and navigable
waters?
Ii California has one crying need it is in
creased transportation facilities. The Sacra-
mento River and its tributaries are navigable
for over four hundred miles. The saving for
charges for freight affected by this water COM
petition is over 81 ,OOO,OOO per annum. This
sum is equivalent to interest at per cent on
$20,000,O00. To preserve the navigability of
the Sacramento River and its tributaries is to
preserve an investment equivalent to 500 oOO,-
600, and as the State increases in population the
investment viii increase. Why should this be
destroyed to let few private mine-owners
make money?
The Importance of hydraulic mining has been
greatly overestimated. The reports of the
United States Mint Show that the difference in
the gold output of California when hydraulic
mining was at its zenith and when it was prac-
tically stopped was only $3, 000, 900. This sum
represents roughly the output of the hydraulic
mines. OF course anything can be asserted
about what the hills contain, because nobody
knows, but the Government statistics show the
truth. Many of the hydraulic mines are now
worked out and the annual output will be
greatly less than what it was years ago. Leav-
of policy can course be defended that would
destroy the rivers and the rich Sacramento
Valley? These last for all time and are ever a
source of wealth. The hydraulic mine con-
tinues but for a day and leaves only barren
spot behind.
There is no law operating against the
hydraulic miner that does not exist all over
the United States and the civilized world. The
people of the Sacramento Valley ask for no
special legislation. They ask only for protec-
ton. Times have been hard, and doubtless
many merchants would like to sell goods to the
hydraulic miners no matter what the effect
upon the State by the resumption of this class
OF mining might be. Many hydraulic miners
wish to unload their worthless property on in
nocent investors. These people talk of the fet-
tiers on hydraulic mining. What letters are
these that do not apply to everybody? Shall
hydraulic mining be allowed to be carried on
as in the past to the destruction of property
and the injury of the navigable streams? No
hydraulic mining has ever been stopped ex-
cept by an order of court. Is it proposed to
render the courts powerless to grant relief
where property is being destroyed? If so what
is the use of Government, what q mockery is
justice.
Your journal has a wide circulation, and
what you have said has reached the eyes OF
many; you have demonstrated that you desire
to be fair on all public questions, and hence in
the name of fair play, and in justice to the
other side, we shall ask you to give this COM
munication space in your columns.
ROBERT I. DEvLIN,
Attorney for the Anti-Debris Association.
Sacramento, March Is, 1895.