The record-union., 1896-04-29
the State of California, approved March

the State of California, approved March
l. 1S93.'"
The meaning of these amendments
was not understood at first. An ex-
animation showed, however, that eX-
ecutive document No. 16" was rec
| ommendation made by the Debris Com
mission in 1891 that a restraining dam
| be built at Daguerre Point 1t was
| found, also, that among the purposes
set forth in Section % were recon-
mendations of a similar character con-
tanned in executive documents 2oI ana
9S. It was further ascertained tnat the
purposes enumerated were solely Tor
the restraining of the debris in the r1v-
| ers and not for the continuance or n.y.
| draulic mining.
This was not at all to the liking or
the miners, who determined to take ac-
ton to upset Assemblyman Thomas
| scheme, the more so as they discovered
on reading the reports Of the DEBRIS
| Commission that it had changed its
mind as to the availability of Daguerre
Point for a restraining dam, owing to
the fact that the river had changed Its
channel since the recommendation had
| been made.
A long dispatch was therefore sent to
| Washington on Saturday, which ex-
pressed dissatisfaction with the amend
ments, pointed out that they were Tor
the benefit of private scheme and en-
braced the appropriation clause as de-
| sired by the miners. 1t read as follows:
| SAN FRANCISCO, April 70, 1876
| TREY L. Ford, Washington, D. C.:
| Please furnish verbatim copies OF this
telegram to Senators White and Fer
kinS Immediately. After thorough eX-
animation and discussion OF the Can-
fornia Debris Commission reports 10
date, the miners of the California Min
ers' Association are firmly convinced
that the passage of the so-called NY
draulic appropriation clause as now
worded, being the clause adopted IN
committee on April 21st, will work a
very grave injury to the hydrauhc
miners of California, and they would
prefer that no appropriation at all
should be made at this session, II no
change can be had.
The appropriation as worded looks
solely to the construction Of a dam at
Daguerre Point, and would result prin-
cipally in benefiting the owners OF that
certain individual water right taken
up at that place and intended to be
especially protected by the Act Of the
California Legislature, entitled An
Act to amend Section 1416 Of the civil
Code of this State, relating to water
rights" approved March %, 1898.
| The last report of the Debris Com
mission is against the building of a dam
at Daguerre Point at present. See page
4, 4,O64, Report Of the Chief OF Engineers
United States Army, 1895.
The miners, believing that the works
to be constructed should conform to the
present views of the commission, as Weil
as the results of their future investiga-
tions, desire particularly that the appro-
priation clause shall read as follows:
For protecting the navigable waters OF
the United States in the State of Cali
fornia, $3.50, 900, to be expended in the
construction of works for the restrain
ing or impounding of mining debris, un-
der the direction Of the Secretary Of
War in accordance with such recon-
mendations and plans of the California
Debris Commission as shall be approved
by the Secretary of War for the pur-
poses defined by Section Of An Act to
create the California Debris Commits
sion, and regulate hydraulic mining In
the State of California; approved
March 1, 1898; provided, that the Treas
urer of the United States be and he is
hereby authorized to receive from the
State of California, through the Debris
Commission of said State, or other Off
Ger thereunto duly authorized, any and
all sums of money that have been or
may hereafter be appropriated by said
State for the purposes herein set forth.
And said sums, when so received, are
hereby appropriated for the purposes
above named, to be expended in the
manner above provided"
The use of the word "navigable'' in
lieu of the words Sacramento and
Feather is considered extremely de-
sirable to prevent possible conflict as
regards the California appropriation,
with Subdivision 33 of Section % Of Ar
ticle ", California Constitution.
]. H. NEFF, President
The insertion of Section 4 is especi-
ally desired, as it permits hydraulic
mining.
| A dispatch was received from Mr.
Ford on Sunday saying that the Cali
| fornia delegation had agreed to strike
out all reference to executive bill No.
| 16, but to otherwise accept the Senate
Committees amendments. This was
only half destroying the virus Ford
was telegraphed that documents 267
and 9S were Of the same effect, and were
equally as Objectionable as No. 16 The
| dispatch concluded with the significant
| sentence: Richard I. Thomas does not
in any way represent the California
Miners Association