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The Tertiary Gravels of the Sierra Nevada of California by Waldemar Lindgren (1911) (301 pages)

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Page: of 301

78 TERTIARY GRAVELS OF THE SIERRA NEVADA OF CALIFORNIA.
This condition of affairs brought on numerous suits and much controversy. Finally, in the test
suit of Woodruff v. The North Bloomfield Mining Co., the miners were beaten, and the United
States Circuit Court gave a decision which resulted in closing not only the mine named but
all the principal hydraulic mines in the central part of the State located on rivers which drained
into the Sacramento and the San Joaquin. The mining company was perpetually enjoined
and restrained from discharging and dumping into Yuba River or any of its branches any
tailings, sand, clay, or gravel, and also from allowing others to use the water supply of their
mines for washing such material into the rivers or streams. As a result of this decision the
large mines were closed, and many costly works were allowed to go into decay. Mining camps
were deserted, and large districts were, depopulated. Many of the small miners, however,
persisted in continuing to work their mines, and the Anti-Débris Association, composed of
farmers of the Sacramento Valley, carried on an organized opposition to hydraulic mining.
Long and costly litigation and bitter controversy between the farmers of the valley and the
miners of the mountains continued for years. The companies which sold water to the miners
were enjoined from such sales. The feeling between the parties was intense, and at times the
agents of the Anti-Débris Association—the spies, as the miners termed them—ventured into
some districts at the peril of their lives.
In 1878 the Legislature of California began to take an interest in the matter, and the State
engineer was directed to investigate the extent of the débris and its effect upon the rivers and
adjacent lands. At an early date the Federal Government also authorized investigations of
this complicated question, because of its bearing on river navigation and on the condition of
harbors. A provision in the river and harbor act of June 14, 1880, directed such examination
and surveys to be made as might be found necessary to devise a system of works to prevent
further injury to the navigable waters of California from the débris of hydraulic mines. This
investigation was undertaken by Col. J. H. Mendell, of the Corps of Engineers, aided by Lieut.
Payson and Marsden Manson, and the report was issued in 1902.1 A second investigation was
authorized by the act of Congress approved October 1, 1888, entitled “An act for the investigation of the mining débris question in the State of California.’”” The Secretary of War was authorized to detail three officers from the Engineer Corps as a commission for the purpose of examining the question and ascertaining whether some plan could be devised by which the conflict
might be adjusted without further damage to the navigable river channels. In 1891 the commission transmitted its report,? a valuable document containing full information as to the
extent of débris and the amount of gravel removed and remaining.
In 1891 the miners held a convention in San Francisco to memorialize Congress as to needed _
legislation, and representatives from both mining and farming counties were invited. The
report of the engineers made it clear that in many of the canyons dams could be erected which
would not only restrain the old material lodged in the river bed but also hold a certain amount
of additional tailings. The convention of miners asked Congress to accept and adopt the report
of the engineer commission and to take steps at once to put into operation the means suggested,
in order that mining might be resumed in the manner indicated without the injury complained
of in the past. It was recognized by the convention that until Congress took proper action for
the erection of suitable restraining works hydraulic mining was absolutely prohibited by the
courts.
The court decision did not prohibit hydraulic mining as such; the decree is against the
dumping of débris into the streams, and it would therefore include all classes of mines in case
action should be considered necessary. There has never been any objection made, however,
against quartz mines and drift mines, as the tailings from these are comparatively small in
volume. During the last few years some difficulties have arisen between the miners and farmers
on account of the operation of dredges on a large scale in the lower reaches of the rivers, but
these differences are now said to have been satisfactorily adjusted.
! Mendell, J. H., Report upon a project to protect the navigable waters of California from the effects of hydraulic mining: House Ex. Doc. No.
98, 47th Cong., Ist sess., L&X2.
2 Report of board of engineers on the mining débris question in the State of California: House Ex. Doc. No. 267, 51st Cong., 2d sess., 1891.