The San Francisco call., 1896-11-11

We desire an expression from you on tne
tions as you may deem of interest to the pro-
posed promotion of these objects.
We shall also count on you TO lend your full-
est aid when we bring the matter TO the atten-
tton of the congress, which we nope TO do at
the next session. Very respectfully,
l.. ARMSTRONG, Secretary.
By order OF the committee
Mr.. Ford read the following resolutions.
adopted BY the Santa Clara County Min
ers' Association:
To the O6icers and Members of the Santa Clara
County miners Association: Your committee ap-
pointed for the purpose OF formulating resolu-
tions to be presented al the next meeting of
the California State Miners Associa ton beg
to report as follows:
WHEREAS. 1t has been suggested by repre-
sentatives of the California State Miners AS
sociation that there should be added to the
Cabinet oil the President OF the United States
an officer to be known as Secretary OF Mines
and Mining, who shall exercise general super
vision over the mining interests of this coun-
try; and whereas, 1t has been further sug-
gested and recommended that the office OF In
spector OF Mines should be established IN this
State Tor the purpose OF fostering ana pro-
tecting the mining industry of California; and
whereas, we have been authenucaIly in
formed that Jacob Neff, president OF the Cali,
tornia State Miners Association, has expressed
his intention of retiring from that important
position, 1t is hereby
ReSolged, That this association heartily ana
unanimously indorse the appointment by the
President of the United States OF Cabinet
officer TO be known as Secretary OF Mines and
Mining; and be ii further
ResoLUed, That this association consider ii
for the best interests and general good and
welfare of the miners OF this State that there
should be appointed by the Legisla ture of this
State, or otherwise, an inspector OF mines in
this State; and further be II
Res olUed, That we appreciate in the greatest
degree the gratuitous services rendered the
State association, and thereby every mining
interest and miner in California, by Jacob
Net and others, who have SO graciously. vol
unfairly and without compenss ton rendered
their services toward perpetuating :he cause
whose success we SO earnestly desire.
ReSotUsd, That ii is the profound and sincere
wish of this association that Jacob Neff be in-
duced and persuaded to again accept the Office
which he now fills with such universal salts
faction and credit.
JAMES CARSON (chairman), A. c. INNEs, c. F.
O'BRIEN, K. J. PEARCE, T. S. LOWELL.
The resolutions were approved and
placed on file.
Judge Walling OF Nevada moved that
the thanks of the association be rendered
to Mr.. Ford.
Chairman Neff remarked that no men,
Der of the association had higher appre-
ciaticn of the value of Mr.. Ford's services
than he. He told how the miners COM
mittee had voted the sum of $1,000 TO partly
repay Mr.. Ford for his valuable services,
and how Mr.. Ford had generously declined
TO accept dollar.
Mr.. Ford was thereupon rendered vote
of thanks by all the mem bers rising to
their feet and giving Mr.. Ford three rous-
ing cheers. The recipient was very much
affected by the proceedings and returned
his thanks, saying that whatever advance
ment he had made in material progress
had had its foundation in the good will of
the miners of this State.
The following committee was appointed
on order OF business: c. W. Cross, George
Stone, Edward Coleman, ]. NJ. Walling
and Harold I. Power.
A. l.. Moore and j. r. Young were ap-
pointed sergeants- s-at-arms.
The following opinion of the Attorney
General was read and referred to the COM
mlttee on resolutions:
SAN Francisco, October %, 1896.
John +. hfddeT, Debris Commissioner, Grass
Valley Cdl.-DEAR SIR: am in receipt of your
letter of the 18th INST, stating that the United
States Debris Comm ssion had received orders
from Washington 20 locate and construct n
dam for the impounding and restraining of
debris already in the Yuba River, and that
said commission wishes to know whether or
not you are authorized to enter into a joint
contract on behalf of the State OF California
for the construction of said dam, with the pro-
viso that the contractor lust look TO the State
Board of Examiners for the allowance of his
monthly estimates.
have given this matter very careful con-
sideration, and am of the opinion that you
are not authorized to enter into any contract
on behalf OF the State Jointly or otherwise for
the construction of said dam or other works
for the impounding and restraining OF debris
The act under which you hold your Office
and which prescribes your duties is entitled
"An act to provide for the appointment
duties and compensation OF a debris commits
sioner, and to make an appropriation 10 be ex-
pended under his direction in the discharge of
339 t'''' -o'o'
Section of said act provides:
Whenever any board of engineers of the United
States Government shall havs been appointed
with power {, adopt plans aud specifications for
the construction OF works for the impounding Of
mining debris 1t shall be the duty of SAID Debris
Commissioner to consult and advise with such
board of engineers Of the United States Govern
ment and to examine and pass upon the merits of
such works, and said Debris Commissioner shall
determine whether or not such works calcu-
lated to be and sufficient TO project the nayi-
gable waters OF the state, and to keep record of
such determinations.
Section of said act, after making an appro-
priation TO be used in the construction of
works for the restraining and impoundipg of
mining debris, provides:
SAID money to be paid only upon order drawn by
the Comptroller upon the written request OF the
said bebris Commissioner ano to be drawn only
Tor the payment OF not more than one-haf of the
cost OF the construction Of any such works for re-
straining and impounding mining debris shall
De approved oy him and duly adopted and recon-
merded By engineers of the nitea States Gov
ernment appointed for that purpose.
These are the only duties prescribed by said
act and 1t Is apparent. that authority is
conferred upon the Debris Commissioner. nor
is there any implied authority given to enter
into any contract for the actual construction
of such work AT the time the above act was
approved (March p, 1899 and became law
an act had been passed by Congress and ap-
proved by the President to create the CaIifor-
MIA De bris Commission and regulate hydraulic
mining in the State of California united States
Statutes at Large, 1895. 500, which provided
Tor the appointment of comm ssion to pre-
sent plans and specifications of all work for
the Improvement and protection of the nayi-
gable streams OF California and to prevent the
deposit1ng of mining debris or other materials
within the same and directing and empower
ing such commission when appropriations are
made therefor by law, or sufficient money is
deposited Tor that purpose in said debris fund
TO build at sucn points above the head OF nayi-
CATION In said rivers and on the main Iributa-
ries thereof such restraining OF impounding
dams ana settling reservoirs, etc., as may be
necessary TO protect and prevent injurihg the
said navigable rivers or their tributaries in
this State.
In constituting the act of March d, 1893 of
the Legislature or this State, providing for the
appointment and duties OF the Debris Com
missioner, 1t is apparent from the tenor OF
said act that the Legislature had in view the
act OF Congress above referred to- and recop-
niZed the duty and authority conferred on the
Commissioner by said act of the Legislature
OF March "A, 1893, TO make only an appropria-
non In ala OF that provided by Congress and
10 provide for the appOintment of