The record-union., 1897-06-09
BLOOMFIELD Mine AGAIN,
II Was Enjoined Yesterday by Federal
Circuit Judge Ross.
The Court Defines the Powers of the
United States Debris Com.
mission.


case in Sacramento County, before
Judge jackson Temple, which lasted
several weeks, and resulted in a judg-
ment against the mine. Now the same
mine has been enjoined by order of
Judge Ross of the United States Cir
cult Court.
Judge Ross decision, rendered yester-
day, is of much Importance to mining
men and valley residents, as it in
wolves the construction of the Cam
inetd Act, as it is known, creating the
Debris Commission.
Some time ago Assistant United
States District Attorney Samuel
Knight, representing the Government,
brought suit against the North Bloom
field Gravel Mining Company, praying
that writ of injunction be issued,
prohibiting the Bloomfield Company
from continuing its hydraulic mining
operations at Humbug Greek, a stream
within the territory drained by the
Sacramento and San Joaquin River
system as set forth in the Caminetu
Act.
Yesterday morning Judge Ross grant
ed the writ as sought for The history
of the case is as follows: In the COM
plant filed by the Assistant District
Attorney it is set forth that the mining
company failed to file with the Debris
Commission a petition for writ to
carry on hydraulic mining, and hav-
ing failed to file such petition continued
it's opera tons of hydraulic mining. Fur
Their than this, the complainant alleged,
proper provisions had not been taken
for the impounding Of debris, and that
such debris as was washed down OPP
Grated to impede navigation in the r1v-
ers, heretofore deemed navigable, by
settling on the bottom and raising
bars.
In reply the mining company denleo
the allegation that the debris from the
plant impeded navigation, but insisted
that such as escaped their impoundlng
dam was of a flocculent nature ana
fioated lightly on the water, being ultl-
mateay carried out to sea. With re-
spect to the failure of the company to
file a petition with the Debris Commls-
sion for a permit to carry on hydraullc
mining it was contended that mas
much as no impeachment to navigation
was created as a result or the mining
operation, therefore there was no ne
cessity to file such a petition. Further
more the Bloomfield Company denied
the right of Congress to place reStflc-
tons upon the hydraulic mining INDUS
try. such as established by the Cam
inetti Law.
In his opinion Judge Ross first care
fully reviews the entire Act creating
the Debris Commission and comment
ing upon it says:
From these provisions, and there is
nothing in the Act to the contrary 1T
seems quite clear to me that it's real
intent and meaning is to prohibit and
make unlawful any and all hydraulic
mining in the territory drained by the
Sacramento and San Joaquin River sys-
TENS, in the State of California, direct
ly or indirectly injuring the naviga-
bility of said river systems, or to the
lands adjacent thereto; and to permit
It in all cases where the work can be
prosecuted without such injury to the
navigability of the said river systems
or to the land adjacent thereto.
That in order to properly determine
the facts upon which the Legislative
will is to act, skillful commission is
created, whose duty it is to ascertain
and to determine what will, or will not,
cause the prohibited injury, and to pre-
scribe the character of the impounding
works and the extent to which hydraul-
ic mining in the territory described
may be carried on without such in
jury.
ITO give effect to this manifest pur-
pose Congress in effect enacted that
until the commission should find that
such mining can be carried on without
causing the prohibited injury, all by
draulic mining within the territory
drained by the Sacramento and San
Joaquin River systems is unlawful: for
by Section 8 it is in terms declared that
any person or corporation owning min
ing ground in that territory, which it
is desired to work by the hydraulic pro-
cess. must file with said commission a
verified petition setting forth such facts
as will comply with the law and the
rules prescribed by said commission :"
Then follow number of citations
from various cases tending to show the
power of Congress to determine what
may or may not be Instructions to nav
igation. The case of the Brooklyn
bridge is the most important one re-
called by Judge Ross. In that instance
it was positively held that only under
certain specified conditions, such as
would not blockade or interfere with
traffic on the river, could the bridge
be built Therefore, concludes Judge
Ross:
$50 here Congress has created a COM
mission under the direction of the Sec
rotary Of War and the supervision of
the Chief Engineers of the Army to as
certain and determine whether the va
rious hydraulic mines within the ter
tory drained by the San Joaquin and
Sacramento River systems can be OPP
Grated by means of impounding reSer-
yoirs and other works without injury
to those navigable rivers; and if So the
Acts of Congress permits them TO be
operated in such prescribed way as
will prevent any such injury.
Until the matters of fact committed
to the commission have been ascer-
tanned and the extent and methods of
the works so prescribed the Act of Con-
gress prohibits the operation of any
mine by the hydraulic process within
the territory drained by the San Joa-
ouin and Sacramento River systems
from which any debris matter flows
into those waters.
This, in my opinion, is the true con-
struction of the Act, and to it, as thus
construed, I see no constitutional OBJ
lection. . A decree will be en-
tered for complainants as prayed for"
THAT ALCOHOL STOVE.
nscar<or Caused hv a TourfSf,c At.