The San Francisco call., 1897-06-09
A Permanent I9junction That
Shuts Off Further Oper.
ationS.
THE OPINION AFFECTS MANY
MINES.
The Constitution ality of the Caminetti
Act Is Sustained by the CIR
cut Court.

United States Circuit Judge Ross yes
terday rendered a very i'm portant de-
cision III the case of the Government
against the North Bloomfield Gravel Min
ing Company, winch operates one of the
largest hydraulic mines in the State. The
action was TO enjoin the company from
carrying on hydraulic mining in Nevada
County until it had complied with the
law as laid down in the Caminetti act
passed by Congress.
The complaint, which was filed by As
sistant United States District Attorney
Knight, set forth that the company failed
to file with the Debris Commission a petit
ton for a permit to carry on hydraulic
mining; also that proper provisions had
not been taken 10 prevent the debris from
flowing into the navigsble streams below.
The complaint further stated that the
company failed to comply with section 10
OF the act, which makes il necessary for
the company to surrender to the United
States the right and privilege 10 regulate
by law as provided in the act the
manner and method in which the debris
resulting from the working of the mine or
mines shall be restrained and what amount
shall be produced thereirom.
The mining com pany denied that the
debris from their plant impeded naviga-
tion. 1t also attacked the constitution
ality of the act which imposed such con-
ditions as set forth in the foregoing.
Judge Ross IN his decision upholds the
consututionality of the act of Congress
and the right OIL the Debris Commission
to regulate and control methods and
n cans OF this class of mining. He cited
several parallel cases, among them the
Brooklyn bridge case, and in concluding
his decision he sets forth the case under
consideration in the following strong,
clean-cut language:
So here Congress has created a commission
under the direction OF the Secretary OF War
neers OF the army to ascertain whether the
various hydraulic mines within the territory
drained by the Sacramento and San Joaquin
river systems can be operated by impounoing
and other reservoirs without injury to those
navigEble waters; and If so the act of Con-
gress permits them TO be operated in such a
prescribed way as viii prevent any such in
jury. Until the matters of fact committed TO
the commission have been ascertained and
the extent and methods of the work are pre-
scribed the act OF Congress prohibits the oper-
alton OF any mine by the hydraulic process
within the territory drained by the Sscra-
mento and san joaquin river systems from
which any debris matter flows into those
waers.
This, in my opinion, is the true construction
OF the act, and 10 1t as thus construed see no
constitutional objection. 1t is too late now
for any one TO question the power on the part
Of Congress to declare that debris of any cnar-
scter, or other thing, cons Iitutes obstrue-
ton 10 the nAvigable waters within its control
and to prohibit the use OF such waters or
other thing. The power to prevens abs olutely
the use of such waters for the Objectionable
purposes necessarily includes the power 10
prescribe the terms and conditions upon
which they may be so used.
The provision of section 10 of the act, re-
quiring the surrender to the United States of
the right to regulate the manner in which the
debris resulting from the working OF such
mine or mines shall be restrained and what
amount shall be produced there rom, only
constitutes one OF the conditions 10 such use
required by Congress As Congress al ready
had that power OF regulation 1t needed no
conveyance from the mine-owner TO vest it..
For this reason the insertion of that require
ment by Congress az condition to the grant [.
ing of paten to mine by the hydraulic pro-
cess does not render the act ob bnoXious 10 any
of the objections urged against it. A decree
will be entered for the complainant as prayed
for.
Thus under the decision of Judge Ross
the injunction prayed Tor is granted and
consequently the largest hydraulic sys-
tem'in the State will be closed until sue b
a time as the company decides to comply
with the provisions OF the law. This de-
cision is regarded as one Of the most i'm
portant rendered for years, as it affects
many millions of invested capital.