The San Francisco call., 1898-05-03
ROSS DECISION
 IS AFFIRMED
The North Bloomfield Mining Company Must Not
 Operate.
It Must Comply With the Act of Con- qress Regulating Hydraulic Min
 ing in Every Respect

The United States Circuit Court of Ap- peals yesterday affirmed the Judgment or Circuit Judge Ross in the case of the United States of America against the North Bloomfield Mining Company. The lower court had issued an injunction per petually enjoining the mining company from hydraulic mining until 1t should have filed with the Debris Commission the peti- tion set forth in the act of Congress, ac- companied by the conveyance therein mentioned and otherwise conformed to the rules and regulations prescribed by the commission by virtue of that statute.
 Judge Hawley rendered the decision for the court, and in the course of his re- marks said that the references already made and the provisions quoted clearly showed that the act of Congress meant just what it said. When it declares that certain things must be done before any permit is given, 1t means that they shall be done. And if these things are not done, as therein provided, no permit can be issued, and if none is procured the working of the mine by the hydraulic process is prohibited and made unlawful. The language and terms Of the act when viewed in the light of the history of the times and all the surrounding conditions, are clear, certain, positive and mandatory. Any other view would unqueStionably lead to absurd results, which all courts declare should be avoided in the construction of any statute. There would be no positive protection either to the miners, farmers or the Government; litigation and strife, which 1t was the object of the statute to avoid would continue to reign supreme.
 Under the law mine-ownerS engaged in hydraulic mining have no right to use the streams without the permission of the commissioners appointed under the pro- visions of the act. In other words, the act of Congress, of itself prohibits all hydraulic mining unless its terms are first complied with. The whole case is vir- tually disposed of in the conclusions al- ready reached, that the act is mandatory and constitutional.
 The navigable rivers being the property of the nation, it follows that any injury to them which affects the commerce of the country is an injury to property rights, and the mere fact that penalties are imposed upon all parties found guilty of violating any of the provisions of the act does not of itself prevent the issu- ance of an injunction to protect the prop rivers. Wherever commerce among the States goes, the power of the nation, as represented by the courts of the United States. goes with it to protect and en- force its rights.
 Under the provisions of the act hydraulic mining in the territory named is pro- hibited unless the terrne and conditions which it imposes are complied with. If these provisions are detrimental and in- furious instead of beneficial to the mining interests which 1t was intended to foster encourage and protect, the efforts of all those interested in that particular busi- pealed or amended instead of attempting to evade it or destroy its efficacy. While 1t remains the law on this subject 1t must be obeyed