The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-11-19

mining industry of the State The
Caminetti act wasethe result
Under this act provision was made
for the appointment Of commission
of Government engineers, to be known
as the California Debris Commission,
and also for the resumption of hy-
draulic mining under certain specified
safeguards The provisions Included
several relating to the construction of
debris dams to be paid for and made by
the hydraulic miners who wished to
pursue their industry in conformity to
the Caminetti act. No permit to mine
the State comprising the watersheds Of
the Sacramento and San Joaquin rivers
systems over which the Debris Com
mission was given jurisdiction could
be issued until the commission was sat
isfied that all impounding dams and
other restraining works had been con-
structed, together with settling reser-
voirs adequate to do the work required
of them. For a time it was supposed
that the Caminetti act had solved the
difficulty, but the reverse has been the
case.
INJUNCTION BRINGS CRISIS
The subject of hydraulic mining has
been discussed annually at the conven-
tions of the California Miners Associa-
ton for quite a period. The councils
of the California Anti-Debris Associa
ton have been equally agftated for an
equal period Controversies have arisen
that have been bitter. Injunctions have
been issued by the courts of the State
to restrain the operation of hydraulic
mines under the Caminetti law even,
although permits to so mine had been
issued by the California Debris Com
mission.
These injunctions have led to the final
test that is now proposed, both in the
State and Federal courts of final resort.
Both parties to the controversy would
seem to be willing for the test to be
made The California Miners Associa-
ton has decided that the case in issue
is representative of all the conditions
relating to the law, and has selected 1t
as the one best calculated to bring about
a satisfactory consideration and deter-
nnination. So there is meeting on a
ground where battle royal can be
fought on terms that are considered to
be mutually agreeable
In view of the great Importance of
the matter. which involves vast finan-
ciaI interests on both sides, in hydraulic
mining properties and in cities, towns
and farms that skirt the river banks of
CALIFORNIA; principal streams. some
space may be given to an enumeration
Of the general facts relating to the test
cases.
William Nichols, the defendant, owned
the Polar Star mine, near Dutch Flat,
in Placer County, in the watershed of
Bear River, and the tailings of his mine,
II unrestrained would flow into the
Bear River. He had a permit to mine
under the Caminetti act, and was so
mining when action was begun against
him An Injunction was issued by Judge
Davis in Suffer County, that county be-
ing interested by the fact that the wat
ers of Bear River flow through it by
confluence
The court found that the restraining
works constructed by Nichols were in
sufficient. The permit issued by the
California Debris Commission to mine,
after the works had been provided and
approved by the commission, had not
been repealed. A perpetual injunction
was ordered, and the appeal, which is
now in the Supreme Court of California
for hearing whenever the case is
reached, has followed.
DEVELOPMENTS IN STATE
Plans for mineral development in
California that have been made include
tests for coal at Thermalito, Butte
County. on an old ledge that was dis
covered on the Nash ranch eleven years
ago; the conclusion of the Glendora
Mining Company TO erect works at
peadman's Flat. in Nevada County, to
develop 1000 acres of mineral land re-
Gently acquired; the construction of a
new road in Inyo County to connect up
the mining camps of Panamint and
Death Valley with Owens Valley; the