Idaho Springs siftings., 1902-12-13
Cripple Creek Drainage Plans.

The Denver Republican of December
9Th says:
The members of the Cripple Creek
drainage committee left for their
homes yesterday afternoon, after ac-
eomplishing the object of their mission
to Denver. The gentlemen called at
headquarters of the American Smelt-
ing and Refining Company and re-
ceived assurances that the company
will consider at once a subscription to
the movement to lower the water lev
ell in the Cripple Creek district. A
cablegram from President Mcneil of
the chemical plants of the Cripple
Greek district announced that the mill
trust will subscribe to the movement.
Several large mine owners who were
seen in Denver placed their names on
the subscription list and the commit
tee returned home with the determina-
tion to proceed without delay in carry
ing out the plans described in these
columns yesterday morning.
The movement in favor of united
action for unwatering mines is not
new one in this state. AS early as 1867
the Territorial Legislature passed
law on the subject, under which a test
case was made in Gilpin county. Judge
Gorsline, then on the District bench,
decided against the contentious of at
torneys for the law and the act has
since been allowed to lie on the stat
ute books. A slight amendment to the
original act was made early in the
'70s The law may be found in Mills
Annotated Statutes (Second), page
1905. 1t provides that one or more
mine owners may bring action to COM
pei other owners of properties of the
neighborhood to assist, pro rata, in
paying expense incurred in unwatering
mines. Attorneys who were seen yes
terday are of the opinion that the act
is good law and will stand the test of
the modern courts.
las far as l can see upon cursory
reading" sad H. M. Orahood. ''the
drainage law, as passed in the terri
torial days, is all right
Mr.. Orahood was in Gilpin county
when the first and only contest involv-
ing Interpretation of the act was in
progress. The suit was brought by A.
N. Rogers against the Bob Tail Mining
Company. If this law will stand the
test of the courts there will be no ne
cessity of further legislation by the
approaching General Assembly, to en-
able Cripple Creek mine owners to
compel others in the district to pay
their reasonable share in removing the
water from the mines. The law pro-
vides that undeveloped mining proper
ty is free from the drainage assess
ment
Il am in favor of drainage districts
in mining regions where they can OPP
crate with advantage" said f. J.
Campbell, manager of the Vindicator
and several other large Cripple Creek
properties. THE principle is right and
one man or several men ought not to
be compelled to pay for unwatering a
whole district. The proposed drainage
tunnel at Cripple Creek is a great en-
terprise that ought to be advanced as
rapidly as possible"
Secretary W.. E. Pasmore of the
State Mine Owners Association is
heartily in favor of the drainage pro-
ject 1.-The subject" said he, lis at
tracing a great deal of attention
among mining men of Colorado and
the sentiment is in favor of drainage
districts. 1t seems to me, however,
that an entire district ought to be as
sessed as every property in a district
may receive direct benefit from
properties may not be in line with the
tunnel This phase of the question
promises to lead to many debates, but
there is no doubt an equitable plan
will prevail Cripple Creek would re-
ceive great benefit from a drainage
tunnel and other camps in the state
would receive new life if the water
problem could be eliminated. Leadville
is one of the camps that needs drain
age. If the project, which was
broached eight or ten years ago. had
been carried out at Leadville. the price
of silver would cut scarcely any figure
at the camp now"
Mr.. Pasmore says the subject will
probably be brought before the State
Association by the Cripple Creek dis
trict committee, as all matters of i'm
portance affecting any district are thus
regularly advanced, the start being
made in the district itself and not at
the state headquarters.