The record-union., 1899-01-12

The following is copy Of a circular
letter Just sent out to prominent citi-
zens by Manager Phipps of the State
Anti Debris Association:
Marysville, Cal, Jan. 10, 1899.
Dear Sir: The State Anti-Debris As
ISOLATION in performance of its duties
to the valley, has, since the Caminett1
law permitting dams to be built went
into effect, carried on it's usual work of
endeavoring to watch and keep in re-
straint such hydraulic mining as was
from time to time attempting to work
without a permit provided for by that
law, and also to watch the mines that
have permits and see that they do not
violate or exceed their authority 1t
has also in many instances protested,
orally and in writing, against permits
being granted to certain mines; has
reported to the California Debris Com
mission frequent violations of such per-
mits, breaking of dams, ETC., and has
sought by protest and arguments to
have the California Debris Commission
adopt it's views as to the general inse-
curity of these debris dams.
1t has been our hope that we would
ultimately bring the California Debris
Commission to our standpoint in look
ing at this question, and thereby avoid
open breach with the commission.
The commission has permitted a great
many large mines to operate behind
dams which we deem absolutely unfit
for the purpose of permanent and eff
fectual restraint of debris, and in many
INSTANCES of even temporary restraint.
Many of these dams have already gone
to pieces.
At it's December meeting our asso-
citation decided to attack these dams
and the commission, through the courts,
and selected the Kate Hayes dams at
Sweetland and the large log dam in
the Greenhorn Creek as the first ones
to be made a test of.
We have always considered the val
ley owners as parties vitality interested
in these dams, and hence that we had
the right to make observations, sur
veys. etc, of such work at any time.
On the Doth of December I accom-
panied engineering experts to make sur
veys and get photographs of the Sweet
land dams and works, and met with
an absolute refusal from the company
of the right to make surveys and pho
tographs after we had gotten on the
ground.
Through our attorney we appealed to
the California Debris Commission to
give US this permit. being assured that
the company would respect such an
order. The commission refused the per-
nit. Hence, we take it, that the COM
mission will testify against US in the
court on the feasibility of these dams
Our association will at its next meet
ing, January 18th, be called upon to
say whether we should fight this COM
mission and the miners on this ques-
ton, in court; and as this is q very
important question, we wish you to
your advice, and, if you have any sug
gestions or objections. to make them.
We do this to save calling a general
meeting of the property owners.
The criminal provisions of the Can't
netti law have been a great deal of help
to us, but in order to beat the com
mission as to their judgment on these
dams it may be necessary to attack
the constitutionality of that law. We
take the view that this is a good law, if
fairly and honestly executed, but that
it is necessary to control the judgment
Of that commission, if possible.
We should be pleased to see you at
the meeting of our association, held as
aforesaid, at the Supervisors room in
the city of Sacramento. Most respect
fully yours, W. T. PHIPPS,
Manager State Anti-Debris Association.