The record-union., 1899-01-18


vides that work done under its pro-
visions shall be of such a character as
to protect the rivers as well as the
property owners along these rivers,
thereby, in my view, making the valley
people parties interested in the carry
ing out of the provisions of that Act.
That law further provides that for
the purpose of controlling the opera
tions under it, each miner applying for
a permit shall convey his property to
the Government; thus, to that extent
at least, making the property public.
Yet the miner and the honorable Cali
fornia Debris Commission tell US that
we are not entitled to make investiga-
tions of such work for the purpose of
ascertaining whether or not the law
is being properly executed.
l at least expected that the honorable
California Debris Commission, as a dis
interested public body, would be willing
at any time to have works erected with
their permission examined by those
who are interested in the proper erec-
ton and maintenance of such work.
So we are now faced with the fact
that we must allow any kind of work
which may be advised by the miner
and sanctioned by that commission to
be foisted upon us, or else must con-
troll the discretion of that commission
by proper court proceedings.
Arguments and reasonings and in
stances of past failures seem to avail
nothing with that commission.
In my last report I called your at
tention to the fact that the honorable
California Debris Commission had
greatly overestimated the settling ia
cilities provided or in process of prep
aration for the current year. Allow
me to call your attention to some other
matters in the last report of that COM
mission as compared with it's previous
reports.
In their report of 1897 they stated:
Available storage provided at present,
partially or wholly built for future op-
erations, is estimated at 100000 GU
bic yards
In their last report of 1898 they
stated: 'The total amount Of material
mined under permit during the year is
estimated at 512O22 cubic yards.
The available storage provided at
present and partially or wholly built
for future operations is estimated at
$4,000 cubic yards" This leaves
2,645,9IS cubic yards of storage pro-
vided the year before unaccounted for.
This is but an illustration of how
exaggerated are their figures as to the
present storage facilities provided,
which, I am satisfied, does not equal
the amount filled last year, instead of
being about sixteen times as much, ac-
cording to their estimate.
I call attention to these matters to
show, what I believe to be a fact. that
the commission is blindly following re-
quests, suggestions, surveys and esti-
mates made by the miners, without
verifying these things by their own
careful observations and investiga-
tions.
/ regret extremely that we cannot
get the commission to take the view
that the miners should be held to- the
strict letter of that law and strict COM
pliance with it's provisions, and to give
us the benefits of all doubtful PROPOSE
tions, because the property owners of
the valley are the ones who are injured
by failures in carrying out the provis-
ions of that law.
During the latter part of the water
season, last spring and summer,
great deal of tailings on the Yuba and
Feather were sent into the streams
which found Judgments in the upper
portions of the rivers on account Of
the lack of freshets to bring it down.
but presume the freshet which is now
raging will have the effect of bringing
a great deal of that material into the
valley stretches of the stream.
Engineer George T. Allardt, who ac-
companied Mr.. Phipps on a trip Of in
vestigation to the dams on Sweetland
and Greenhorn Creeks. made a report,
which is withheld from publication. He
was questioned at length by Mr.. Devlin
on various points connected with the
and gave a very clear account
of the conditions existing.
In the afternoon Mr.. Devlin answered
questions relating to the reports and
other matters.
Mr.. Dana, DR.. burst and others made
remarks, and asked questions on vari-
Gus matters.
The board then went into executive
session. Secretary Cosner stated after
it had adjourned that it simply attend
ed to some financial matters, and post
poned the annual election of officers
until the next meeting, but it was
learned elsewhere that the association
had decided to dispense with the SER
vices of. manager, thus saving $50