No. XLI.-Assembly Concurrent Resolution No. 17. [Adopted March 29, 1876.] Memorial to the Senate and House of Representatives of the concerning bays and debris. First-Your memorialists of the Legislature of the State Memorial of California respectfully represent to your honorable body the protec that the detritus discharged from the hydraulic mines located tion of the upon the head-waters of the Sacramento, Feather, Yuba, rivers from American, and Bear Rivers, and numerous other smaller mining streams, all of which flow into the Bay of San Francisco, is having the direct effect of filling up all of those streams with sand and mountain debris, until many of them have now reached their highest banks, thereby threatening the villages and towns located on or near them with inundation, and destruction of life and property, as well as obstructing, to a great extent, the navigation of the Feather and Sacramento Rivers, upon which the inhabitants of the Sacramento Valley are principally dependent for cheap transportation. Second-We would further respectfully represent that the same. discharge of this detritus is gradually filling up our magnificent bays and menacing the safety of the Harbor and Bay of San Francisco. It has been estimated by one of our most accomplished engineers, T. J. Arnold, Engineer of the State Board of Harbor Commissioners, that the debris being washed into the bay is sufficient in quantity to cover, annually, one square mile to a depth of forty-one feet; and that it will take but fifteen years to fill Suisun Bay; but thirty-one years to complete the destruction of San Pablo Bay, after which the Bay of San Francisco proper is the only receptacle left for the entire debris washed from the mines. The above estimates are founded on the discharge of debris that is actually now occurring. When we consider the growing increase of hydraulic mining, we realize that the danger is more imminent and the destruction nearer at hand. Third-We would further respectfully represent that some Same. of the most beautiful and alluvial lands of the Upper Sacramento Valley have been and are being covered up with an unproductive mining debris, thereby destroying thousands of acres of arable lands and valuable property. There has already been destroyed upon the Sacramento, Feather, Yuba, Bear, and American Rivers, and other smaller streams, over seventy-five thousand acres of land, valued at over six million dollars. The improvements on these were worth fully as much more, which would make a sum of over twelve million dollars' worth of property which has thus been destroyed. Fourth-We would further respectfully represent that the same. farmers in the locality of these streams have, for a number of years past, been building and constructing a succession of levees and embankments along the low lands adjacent to these streams, at a cost of more than two million dollars, and that the inhabitants of Sacramento City have filled in and Memorial the protec bays and rivers from mining debris. raised the best portion of said city to a height of fifteen feet, concerning and have surrounded the entire city with an embankment of tion of the the same height. This work cost more than a million of dollars. That the City of Marysville has expended thousands of dollars in the construction of a series of embankments, and that other towns and villages have, and are expending vast sums of money to secure themselves from overflow and destruction, and while these efforts have thus far protected them, unless some decided steps are soon taken for their relief, it will be impossible to longer resist the encroachments of the water and debris, and destruction will inevitably follow. Same. Action of ment desired. Fifth-We would further respectfully represent that it is not the desire of your memorialists to infringe upon the rights of an interest so great and productive as that of mining. It is yet far from reaching its maturity; it is, in fact, but in its infancy. The improved appliances now in use, and the valuable improvements being made for mining purposes, cannot fail to increase its importance and materially add to the wealth of the State. But believing that no one interest should be fostered to the detriment and injury of another, and being of the opinion that some plan or plans can be devised by which relief and protection may be afforded to the one interest without serious damage to the other, we therefore pray that this subject may receive the attention which its importance demands; therefore, be it Resolved by the Assembly, the Senate concurring, That our the govern Senators in Congress are instructed and our Representatives requested: 1st. To place this memorial before Congress, and urge the immediate consideration of, and the early action upon the matters therein embraced. 2d. To urge upon Congress the adoption of such measures as will result in the protection of our valley lands, harbors, and bays from the serious injury being done to them by the discharge of detritus from hydraulic mines, and which, at the same time, will not have the effect of impairing or crippling the interests of hydraulic mining. 3d. To urge upon Congress the necessity of the United States Government sending to this coast one or more competent civil engineers for the purpose of collecting information as to the extent of hydraulic mining in the State; also, to ascertain, as accurately as may be, the amount of detritus annually discharged from hydraulic mines into the Sacramento, Feather, Yuba, Bear, American, and other rivers, and into the bays of this State; also, to inquire into the feasibility and probable cost of diverting and controlling said detritus, so as to deposit the same upon swamp and overflowed lands, or upon the foot-hill lands, or retaining the same in the mountains, or to suggest any other plan or plans as will prevent injury to the valley lands, rivers, or bays of the State, for the purpose of laying the same before Congress at a subsequent session. Resolved, That his Excellency, Governor William Irwin, be respectfully requested to forward, without delay, a copy of this memorial and these resolutions to each of our Senators and Representatives in Congress. No. XLII.-Assembly Concurrent Resolution No. 53. [Adopted March 29, 1876.] WHEREAS, Controversies have arisen between the settlers Preamble. upon certain lands known as Mexican grants in this State, and those claiming under the several Acts of Congress granting lands to certain railroad companies of this State; and, whereas, various suits have been commenced by the parties claiming such lands under said Acts of Congress, against the settlers claiming said lands under the homestead and preemption laws; and, whereas, by the decision of the United States Circuit Court, the lands within the exterior limits of such Mexican grants were not reserved, but after their rejection by the proper authorities, did pass, like other lands, to said railroad companies; and, whereas, by the decision of the Department of the Interior, promulgated prior to the rendering of said decision of the Circuit Court of the United States, these said lands were reserved in the event of the rejection of the same, subsequent to the location of the road on the grant, under which said lands were, in many instances, located by preemptors and homestead claimants, who have in good faith settled and improved the same; and, whereas, by this conflict of views harassing and annoying litigation is likely to ensue, and has already commenced, which will prove injurious to the State and ruinous to the settlers, and greatly retard improvement in rich and valuable sections of the State; therefore, be it companies certain lands Resolved by the Assembly, the Senate concurring, That our Lands to Senators and Representatives in Congress be requested to load advocate the passage of a law by Congress, giving to said in lieu of railroad companies, or their assigns, scrip or other lands in granted. lieu of the lands now claimed by them under said Acts of Congress, provided they surrender all right and title to such lands, or that they procure the passage of some law that will do justice to the people who have in good faith settled upon and improved these lands under the law as promulgated by the Land Departments of the United States. Further Resolved, That the Governor transmit copies hereof to our Senators and Representatives in Congress. No. XLIII-Assembly Concurrent Resolution No. 56. [Adopted March 29, 1876.] Resolved by the Assembly, the Senate concurring, That the clerk t Enrolling Clerk of the Assembly be authorized and in- correct bill. structed to correct Assembly Bill No. 775, by striking out, on page three, line seven, the words "two-thirds of the owners of the front feet," and substituting therefor the words "the owners of two-thirds of the front feet." Preamble. Specie payments. Clerk to correct bill. No. XLIV.-Assembly Concurrent Resolution No. 36. WHEREAS, A safe and stable currency is essential to the pros- Resolved, That the people of the State of California, as shown by their entire history and course of action, are opposed to the inflation or further expansion of the paper currency of the country, whether consisting of legal tenders or bank issues; that therefore they favor the earliest possible return to specie payments by the Government and people, and to that end will support every constitutional and legitimate measure tending to that consummation. Resolved, That his Excellency be requested to transmit copies of the foregoing to our Senators and Representatives in Congress. No. XLV.-Senate Concurrent Resolution No. 62. [Adopted March 31, 1876.] Resolved by the Senate, the Assembly concurring, That the Enrolling Clerk of the Senate be authorized and directed to correct a clerical error in the original printed bill, Senate Bill No. 383-An Act to incorporate the Town of Livermore -in line seventeen, section nine of said bill, by striking out the words "not to exceed," and insert in lieu thereof the words "a tax not to exceed one-half of," and to make the enrolled bill correspond thereto. Clerk to correct bill. No. XLVI.-Senate Concurrent Resolution No. 61. [Adopted March 31, 1876.] Resolved by the Senate, the Assembly concurring, That the Enrolling Clerk of the Senate be and he is hereby directed to correct a clerical error in Senate Bill No. 355, by substituting the word "southeasterly" for the word "northeasterly," on line thirty-three (33), of section four (4), of said bill. Secretary of State to donate Codes, etc. No. XLVII.-Senate Concurrent Resolution No. 60. [Adopted March 31, 1876.] Resolved by the Senate, the Assembly concurring, That the Secretary of State be and he is hereby instructed to place at the disposal of Sir Redmond Barry, Chief Justice of Victoria, and the Hon. Augustus Morris, of New South Wales, for the use of their Colonial Governments, two full sets of the Codes and Statutes continued in force, and that the Governor be requested to present to each of said gentlemen a set of the published reports of the Geological Survey of California. No. XLVIII.-Assembly Joint Resolution No. 58. enroll bill. Resolved by the Assembly, the Senate concurring, That the Clerk to Enrolling Clerk of the Assembly be instructed to enroll Assembly Bill No. 605 out of its order. No. XLIX.-Assembly Concurrent Resolution No. 64. Resolved by the Assembly, the Senate concurring, That the correction Enrolling Clerk of the Assembly be and he is hereby author- of bill. ized to correct a clerical error in Assembly Bill No. 294-An Act to amend an Act entitled an Act to establish a Political Code, approved March twelfth, eighteen hundred and seventy-two-so that in section one hundred and sixty-nine of the said bill the legal distance from the county seat of Mendocino County to Napa may read "one hundred" miles, instead of eighty-four (84) miles. No. L.-Assembly Concurrent Resolution No. 63. [Adopted April 3, 1876.] Resolved by the Assembly, the Senate concurring, That the Clerk to Enrolling Clerk of the Assembly be and he is hereby in- enroll bill. structed to enroll Assembly Bill No. 294-An Act to amend an Act entitled an Act to establish a Political Code, approved March twelfth, eighteen hundred and seventy-two-out of its order. No. LI.-Assembly Concurrent Resolution No. 62. Resolved by the Assembly, the Senate concurring, That his correction Excellency the Governor be requested to return to the Assem- of bill. bly Assembly Bill No. 712-An Act to provide a supply of water for the Napa State Asylum for the Insane-for the purpose of correcting a clerical error; and that on return of said bill the Enrolling Clerk be instructed to insert in line (20) twenty of said enrolled bill, in section three, the words "to appraise" after the word "referees" and before the words "the value." |