| Show ifa ira t r VS IX IN ji r W T i L f 0 I 1 TuE cue Sacramento bee prints in full the decision stefi ol of judge sa sawyer of the unit circuit cou couric X the celebrate d ca aso I 1 ase ot of sc tho the north adi add ari i fj IT 1 I mining company the question chiefly involved was the right of the agricultural interests to protection against injury from mining operations the farmers in the sacramento n il ento unto valley were suffering greatly from the effects of hydraulic mining in the hills the tike debris f from rom the mines on the western slope of the sierras was discharged into tile the streams below an d carried into navigable rivers whence it was dc posted deposited upon adjacent lands the amount of this ref refuse use in I 1 local parlance I 1 I 1 I 1 thus turned into the streams and washed on to tile the farming fanning lands lias has been enormous and aud an if the process should continue would soon destroy the navigable qualities of feather anu ana sacramento rivers as well asI as render worthless wort liless nany thousands of acres of arab arable arabie leland land levees have been constructed to protect farmers from the overflow of tile the but bat they were ineffectual against the overwhelming flood of debris and a struggle b between the farming and mining g interests was unavoidable the hydraulic miners were weri were strengthened in their position bf by the tile inferred authority of congress tin fin and tile the state legislature empowering them to use the rivers as a means of conveying ined away their refuse but they had hae no direct legislation in their favor and the question become one of public bublic as well weli w M as personal moment the debris con constituting s ti a public nul nui nuisance sance sauce making bars in the tha navigable streams thus hindering traffic and commerce and an infringement gement upon private property rights the farmers fa ame rs appealed to the courts A legal battle has been fought it has been conducted with vigor on both sides the amin mining I 1 n interest with its great r at backing of capital has hag hasil hasTi been een a f formidable or uit git lable labie foest the farmers have gained the victory the voluminous but clear and tand incisive opinion of judge jude savage avage f fully ully endorsed by judge deady is s entire entirely lin jin n favor of the agriculturists and a pe perpetual emual injunction is issued issued against aar ga lust the north bloomfield hydraulic Hydra illic beinin mining company compan which amounts to a prohibition of til that tuat lat kind of mining in every case which has wrought so much in injury Z ury in chevalley the valley eailey counties countie represented by the plaintiff the decision establishes the principle that no industry however valuable can be permitted to operate to the infringement gement of public or private rights it lays down the law that mining cannot prey upon agriculture that a nuisance cannot be legalized legalize I by balong bylong long iong continuance that forbearance on the part 0 of the persons injured does not constitute acquiescence that neither a state nor congress itself can legalize infringements upon the rights of individuals or the public that the loss which will be incurred to the mining interest by lawfully protecting the aga agricultural ri interest cannot be considered edina in a judicial decision these are and on own merits but are made doubly valuable and thoroughly practical tactical rac by the decision rendered in an fn this case which is one without precedent we notice that a movement has been set on foot in the region south of this city to protect the agricultural and stock raising interests against injury resulting from the smelters shelters sm elters there we think the lanners lahners have wood rood cause i for loc complaint and that they will eventually prevail if they press their suit but we believe that the smelting smelling sm elting com companies anies antes can save themselves from trouble troubie ree Tle and the farming interests f from rom loss by the system on which legislation was attempted two or three sessions ago the metallic fumes which destroy vee vec ve vegetation T c and kill stock can be bonsu consumed me d by a simple process and every smelter ought to be required by law to us use e some soine process of that character we are well aware that this will be decried as an attack on the mining minim g interest but we care nothing for that it is a necessity and if a s special ecial law cannot be had to reach it remedy can and should be had through the courts in the struggle of the farmers in california for their rights they have been ably sustained if not in the conflict by the sacramento bee and that paper is entitled to all the jubilation bi which it now indulges in over the victory and to the thanks and patronage of of the people whose cause it has ab gallantly and persistently championed we have nothing against the mining interest but agriculture is before it in value and necessity and it if both cannot coexist co exist which however we do not believe the older and m more 0 re absolutely essential industry mus must t b be e sustained at all hazards |
