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PART III.

MISCELLANEOUS.

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MISCELLANEOUS.

GOLD AND SILVER MINING IN CALIFORNIA, PAST, PRESENT, AND PROSPECTIVE.

By WALTER A. SKIDMORE.

HYDRAULIC MINING AND DÉBRIS LITIGATION.

The most notable event in the history of mining in California during the past year has been the suppression of hydraulic mining by judicial process, following the final determination in our courts, both Federal and State, of what has been known as the anti débris litigation.

The result of this long contested litigation between the farmers and miners is so fraught with serious consequences to the prosperity of our State, and perhaps eventually to the nation at large, that a brief review of its history seems opportune and proper.

The farmers and miners were first arrayed against each other in July, 1876, when one James H. Keyes, a farmer on Bear River, commenced an action against about thirty large mining companies and a hundred or more individual miners who dumped their tailings into Bear River, whence they were washed during high water upon his lands.

Keyes having lost his suit in the supreme court on a technical point, other suits were brought on a like cause of action by persons residing on the Feather, Yuba, Bear, and American Rivers, and finally by the State of California, through her attorney-general, against the Gold Run Mining Company, of Placer County, to test the question as to the right of the company to flow its débris or tailings into Canyon Creek, a mountain stream, distant about 90 miles from the nearest navigable river.

This case, after a long and ably contested trial in the superior court, was decided against the mining company, and on appeal the decision of that court was affirmed by the supreme court of California in November, 1884.

It is unnecessary to detail the numerous actions litigated since 1876, all having the same object, the perpetual injunction of the mines; suffice it to say that it was the intention to enjoin every hydraulic mine in the State, and that this object has been at least partially accomplished is witnessed by the marked falling off of our gold product during the year 1884, and the threatened further reduction for next year, as the injunction decrees of the Federal court did not take full effect until June, 1884.

All the great companies have ceased work, in obedience to the decrees

of the courts, and the smaller ones are gradually retiring from business in anticipation of trouble. This condition of affairs must prevail until national or State legislation, or a modification of the decrees of our courts by the Supreme Court of the United States, shall find a remedy, and determine under what restrictions, if any, mining may be lawfully pursued, and the gold product of California maintained to its standard of the past decade.

The area immediately affected by the suppression of hydraulic mining extends from the Feather River, on the north, to the Cosumnes River, on the south, a length of 144 miles of auriferous territory lying on the western slope of the Sierra Nevadas, intermediate between the foot hills and the "high Sierra." The average width of this gold-bearing territory is about 48 miles, giving an area of nearly 7,000 square miles, all of which may be classed as "mineral lands," though only a very small portion could be worked by the hydraulic process.

Within these limits it is estimated that more than 20,000 men have been thrown out of employment, and a great depreciation of property and decrease of population has necessarily followed. This is shown by partially compiled returns from reliable residents, returned in the fol lowing table, which must, however, be taken, in some instances, as an approximation, and in others an estimate; as absolute accuracy was impossible pending the crisis which followed the closing of the mines.

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NOTE.-The returns of decrease of gold yield and depreciation of taxable property are estimated for the year 1885.

The most populous and the greatest gold-producing region lies within the limits of Nevada County, on the watershed of the Yuba River. Here, owing to the systematic method of conducting the business of hydraulic mining by the large companies, accurate details have been

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compiled of the labor and gold production for the year preceding the closing of the mines.

They are as follows:

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Total number of men deprived of employment, exclusive of Morris and
Wolsey's flats..

1,430

Shipment of gold bullion for 1883.

Wells, Fargo & Co. (Nevada City)

Citizens' Bank

$1, 141, 418

225,000

Private parties (estimated)

200,000

Estimate from other districts including private parties..

Rough and Ready and Little York Townships....

Total..

MINING REGULATIONS AND CUSTOMS.

1,250,000

425,000

3,241, 418

When gold was discovered on the American River in 1848, this remote and recently acquired Territory was a terra incognita to the people of the United States. This discovery brought an unparalleled immigration to California. Not less than two hundred thousand people, within three years, were located in the mining counties of this State, and one hundred thousand still remain.

Mining for the precious metals was a new industry to the people of the United States. They had no laws applicable to the wants and necessities of miners. The title to the lands was in the United States, and it neglected, for the period of eighteen years, to pass any law with regard to mining. The miners themselves, from the necessities of the case, made rules and regulations for their own government, as to the extent and manner of holding mining claims and the use of water for mining purposes. Under these customs and usages twelve hundred millions of gold have been extracted from the mines of California, nine hundred millions of which came from the ancient river channels in Nevada County alone, and more remains than has been heretofore extracted. One hundred and fifty millions of capital is now invested in mines in California, one hundred millions of which is invested in hydraulic mines.

CONDITIONS OF THE RIVERS AFFECTED BY MINING.

It is a matter of fact in the history of our State that for over thirty years last past, there has been a large amount of gold mining carried on by the hydraulic process on the watersheds of the Yuba and Feather Rivers. These rivers have been gradually filling with mining débris during all this time, until, perhaps, within the last year or two, when a large portion of the mining has ceased. It has been the custom since the beginning of mining in California to flow the débris into the streams as the only outlet, and there is no other possible way of working the mines. This custom has been, until recently, sanctioned by the legis

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