The San Francisco call., 1901-10-27
HYDRAUL|CK|NG
COMES To FORE
Caminetti Defines Hopes
Of Many Miners for
Future.
Debris Committee Explains
Matters of Live
Interest.

Association of California had something |
definite to say concerning the question Of
hydraulic mining in this State. In the
resolutions that were adopted the several
recommendations of the committees were
summarized, which was all that was pos
sible. The public has a good idea of the
substance of the committee reports gen.
orally. but late In the afternoon of the
closing day of the convention, when there
were so many other matters then on hand,
including the consideration of the report
of the committee on resolutions and ac-
ton thereon and also the annual election
of the officers of the association, one re-
port of great Importance and significance
was practically unnoticed. In the report
of the committee on debris, which was
submitted by Mr.. Caminetti, were several
very interesting statements.
The committee reported, in answer to
a question as to whether hydraulic min
ing would be permitted after the Yuba
River barriers are constructed. that as
licensed hydraulic mining is permitted
now there Is no logical reason that can
be advanced to show that it will be re-
strained after the Yuba River barriers
shall have been completed. conditions
Will be improved by the added protection
thus given to the rivers below and to ad-
jacent lands. The committee then called
attention to those who might have any
doubts concerning the accuracy. of this
general conclusion to statement that
has been often misQuoted contained in
the report to the War Department, trans
mitting the project of 1884,
This is that the object sought to be
accomplished is the storage of the de-
tritus now in the Yuba River and it's trib-
utaries, with view 10 the improvement
Of the rivers below and decidedly not with
view of permitting unlicensed indiS-
criminate hydraulic mining at locations
above the impounding works..
On tn the tb basis Of this presentation on the
mittee argued follows:
Committees Conclusions.
Does that mean that licensed hydraulic min
ing is to be prohibited? Is it not only licensed
hydraulic mining that we want now as well
glance at this language will disclose that
1t is only unlicensed and indiscriminate hy
draulic mining that is to be inhibited.
Another reference in the report, also often
misunderstood is that when the works have
years there viii be time and opportunity to
determine whether not the system Is
attempt at storing therein the tailings from
the hydraulic mines without compelling each
This has no reference to mines working and
| impounding tailings at near the place OF
whether when the Government dams are built
the storing therein of the tailings from the
to impound any or all of its debris will be
| permitted, thus giving hope that the efforts
cations @ Which may permit the 'So working Of hy
drauic mines at places where there is no
opportunity to impound at or near the place OF
operation. .s e..
The committee also expressed the opin-
ion that in order to prevent licensed
I hydraulic mining above the proposed bar
riers the present law must be repealed.
On this point the committee said:
This cannot be done without notice to all
parties Interested We have no misgivings on
| that point. All that Is necessary is to con-
tinue on lines laid down in the law, and the
result OF operations VIII, In our Judgment,
| prove that the work of this association and its
| friends has not been done In vain.
Instead Of listening to rumors and agitatng
S,' law, let US take the position now occupied by
the Cabinet officers of the Government.
namely the attorney General a and d, seeretary
MIA Debris Commission and by said commits
sion. II cannot be assumed that the law Of
struction of great and costly works and main
tain important and far-reaching litigation II
1 there any question OF the validity in a
| constitutional sense OF the measure; besides we
are supported In this attitude by the decision
Of tie United States courts.
The Legal Status.
| 90 On the closing day of the convention
| the debris committee received from the
United States District Attorney a state
| ment concerning the legal status of the
! affairs of the California Debris Comms-
sion so far as they pertain TO the ac-
| qusition Of land for the construction Of
! dams on the Yuba River. This communi-
| cation, as 1t clears up the con-
| siderably and as 1t has not been pre-
viously published, is herewith given prac-
tically In full as follows:
The title OF all Of the lands desired by the
commission has been examined and reported
upon by this office to the Hon. Attorney Gen
eral of the United States. The abstract of
| title, together with the report thereon, and
the deeds which have been executed and de-
| livered to the California Debris Commission
| by various parties all in the hands of the
| Attorney General for his approval. Deeds
have been secured for almost all OF the land
that the commission desires for its purpose.
| NJ. c. Duffcy and James O'Brien are the
| only land holders who have refused up to this
! time to sell to the Government the land II
| ouires of them in order to carry out its pro-
| ject.
On the 22d day Of October, 1900, o Brien en-
tered into a written agreement to sell to the
Government for $2500 certain parcels of his
holdings in Yuba County which were desired
by the commission. Subsequently on the 29th
! day of July of the present year o Brien served
| upon the Government officers a notice of the
| withdrawal and repudiation of his former
| agreement. Since that time the Hon. Attorney
| General of the United States has directed this
| office to institute a suit to compel o Brien to
perform the covenants OF his agreement Of
October %, 1900 This suit has been filed and
/ Is now pending in the United States Circuit
| Court for this district.
| In addition to his refusal to comply with the
| terms of his contract with the Government, he
| has attempted to locate under the United
| States mining laws the channel Of the Yuba