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Volume 052-2 - April 1998 (8 pages)

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Page: of 8

NCHS Bulletin April 1998
property owner in the Marysville area, entered the Ninth
United States District Court in San Francisco and filed suit
against the North Bloomfield Mine and all other mines on the
Yuba River. Judge Lorenzo Sawyer heard the suit and Cadwalader was Woodruff’s attorney.
After an exhaustive examination of data and testimony
taken over two years and after several trips to the debated
areas, Judge Sawyer announced his famous decision on January, 7, 1884. It took 344 hours to read the 225 pages, but
what Judge Sawyer effectively did was to shut the major
hydraulic mining companies completely down.
Now began a game of cat and mouse with small mining
companies operating clandestinely and government agents
attempting to catch them in the act. Other mines
felt that they were complying with the Sawyer
decision if their tailings were restricted to settling basins and did not reach the river drainages. Further court action destroyed even this
latter stratagem. The mining people were on
hard times.
Following Lt. Col. Mendell’s report to Congress, that body appropriated $250,000 for the
building of three large dams on the Yuba, Bear
and American Rivers. However, the Secretary of
War had impounded these funds until the situation became more clear. At this juncture, Anthony Caminetti’s name appears for the first
time. Caminetti was at this time an assemblyman from Amador County. His idea was to persuade Congress to release the $250,000 by
having the California legislature declare by resolution that all hydraulic mining in the state had
ceased.
This brought howls of protests from the farmers. They
knew that all hydraulic mining had not stopped and they had
absolutely no faith in the debris containment dams. The
California legislature did not dare touch it, but that didn’t
stop Caminette’s proposal from continuing to be a hot topic
in the press and in individual conversation. There was still a
fair amount of illegal mining continuing and the farmers’
efforts to stop it met with mixed results.
In the late 1880s a new aspect entered the picture. Farm
prices had fallen off and the foothills had come upon an
economic recession. People, even in the valley, talked about
the good old days when the mines were operating and money
was more abundant. In 1888 Congressman Marion Biggs
introduced a bill that called for an engineering assessment of
the debris problem. In 1891 the Biggs Commission published
its findings to say that hydraulic mining could be resumed
with the miners building their own debris-containment dams.
Needless to say, the farmers cried “foul!’’ But this did
bring Anthony Caminetti to the fore again. He had recently
been elected to the House of Representatives, and he presented a bill to Congress based on the findings of the Biggs
12
Lake Clementine dam on North Fork of American River.
Commission. It would create a federal California Debris
Commission with significant powers and with the authority
to allow hydraulic mining under proper regulations and rules.
Caminetti’s bill became law in March 1893. Not only
would the federal Debris Commission occupy itself with
overseeing the mining operations, but it also had the responsibility of reclaiming the rivers. Improving the navigation standards of the rivers in northern California was a
concern to a larger and more prestigious group than the
farmers in the foothills.
Perhaps the most significant step at this time was that the
problem, heretofore faced locally or by state judicial or legislative action, was now in the hands of the federal government.
ee
PREPARATION
In The California Debris Commission—A History, by J. J.
Hagwood, the following was reported: “On May 3, 1893
President Grover Cleveland appointed Colonel G. H. Mendell, Lt. Col. W. H. Benyaurd and Major W. H. Heuer, all
Corps of Engineers officers, as members of the California
Commission.” Section 4 of the Act of March 1, 1893 which
authorized the commission, stated:
... it shall be the duty of said commission to mature
and adopt such plans ... as will improve the navigability
of all the rivers comprising said systems, deepen their
channels and protect their banks. Such plans shall be
matured with a view of making the same effective as
against the encroachment of and damage from debris
resulting from mining operations, natural erosion or other
causes with a view of restoring as near as practical and the
necessities of commerce and navigation demands, the —™,
navigability of said rivers (the Sacramento-San Joaquin
and all of their tributaries) to condition existing in eighteen hundred and sixty, and permitting mining by the
hydraulic process ... to be carried on provided the same