Year: 1878

The suit brought in the District Court
of Sutter county, brought b. Keyes 10
restrain number of mining companies
from dumping into Bear River, is one of
the most importance, and involving great
er interests than any case which has been
presented to an interior court since the
settlement Of the State. 1t is true that
suit, involving similar interests was some
years since tried in Butte county, but at
the time the debris question did not pos
ssss the importance it now holds, and,
after the decision of the District Court
tfavoring the miners) was fled, the pros
ecution was abandoned and we believe
compro mise effected. In the present
case however, the parties will doubtless
contest the matter 20 the bitter end
Great interests are involved upon each
side, and the question, so far as the direct
parties in interest are concerned, can be
simply stated whether a large area OF
valuable farming land shall be destroyed
and abandoned, or whether those follow
ing the pursuit of mining be stopped
and valuable claims become worthless.


1t Is easy to see that each side OF the
case has its equities. Each party has sc-
quired title to his property through the
same source-the government of the
United States. Yet we can sec no medi-
um course, one sids or the other must 20
TO the wall. The testimony of the wit
nssses is concluded and in sixty days the
arguments Of counsel will be heard. But
whatever the decision of the Court Of the
first instance may be, it will go for little
or nothing to final determination Of the
matter. The decision will, nevertheless,
be looked for with much interest,"
Whichever party is defeated in the court
of last resort will have to surrender the
right which makes his property valuable,
and can look for no recompense except
such as may come from the generosity OF
his opponent. But we submit that, IL
party who acquires his title in good
faith from the government, finds that
property destroyed by the act of another
who has acquired the right 20 do this act
by and through the government. the in
jured party has an equitable claim for
relief. II farmer Keyes, who purchased
his land as other men bought theirs and
felt secure in the patent he received from
the President Of the United States, finds
that land destroyed by the miners, and
the government sustains the miners, il is
clear that farmer Keyes is entitled to
remuneration from some source. Or
take the other eide and the claim present
ed is the same. Stop the miners from


work for the sake Of saving tho farms
and one Of the greatest industries Is par
alyzed, and, on the other hand, it seems a
hardship that men should build up homes
for themselves and then DO driven from
them by the acts of others.


A question Of vast importance is con-
nccted with the hydraulic mining of
the lower counties, which has not yet re-
ceived the degree or consideration to
which il is entitled. We allude to the
rapid filing up of the streams emptying
into the Sacramento River, and that
rivel itself. The Sacramento ia the great
water way of tho Sacramento Valley and
so long as it continues navigable stream,
acts as check upon railroad extortion.
al nP tka ptnsa
filed up deep, in places hundreds OF feet,
and the debris is now pouring over the
valley farms. The thick muddy water
passes on to the Bay, and before many
more years have passed, we thinl; the
Bay will show the effect. The deep parts
will bo filled up. and perhaps navigation
seriously impeded. The light washings
OF former years have already had some
effect, and the heavier the debris, the
more rapid will BE the filing. The nav


igation Of the Sacramento and Feather
Rivers is already affected to some extent
hy the constant pouring in Of the heavy
mountain sand, and rs the volume dis
charged in thosc.streams increases year by
year, the question Of their free navigation
becomes one of Importance.


Trinity miners have but little direct
interest in the question. The valleys Of
our streams do no. debouch into long,


fat range of farming country liable to be
destroyed by their workings. Doubtless.
as the progress of hydraulic mining goes
on the streams will I'll up so as to destroy
farming lands in the lower valley of the
main river, but the fertilespots of that
kind are few and far between, and farm
ing must for many years remain secon-
dary interest in the greater par. Of this
county. Yet we cannot help feeling that
in the contest now going on, the miners
should be sustained by the Courts. Had
it not been for the discovery OF The gold
mines and the crowds which flocked hith-
er to work in them. the State, and indeed
the whole Pacific Slope would be will
dernsss compared with the present. Prior
ity OF right is undoubtedly upon the side
Of the miners, and unless il can be shown
that this right has been abused it should
be recognized and sustained by the courts.


AREMARKABLK CAsE.-Mrs. McChes-
ney. ah elderly lady, wife of the Seventh


Waid Assessor, presents case of great
interest to medical men. For a year
na,t aha ha. heen af9icted with narslysis.