MINING DEBRIS. OBSTRUCTION TO NAVIGATION JOINT RESOLUTIONS. LAWS 1875-76, P. 955; MAR. 29, 1876. ASSEMBLY CONCURRENT RESOLUTION NO. 17. Memorial to the Senate and House of Repre sentatives of the United States in Congress assembled. (Memorial concerning the protection of the bays and rivers from mining débris.) LAWS 1880, P. 244; FEB. 24, 1880. ASSEMBLY CONCURRENT RESOLUTION NO. 15, relative to the protection of the rivers, cities, and agricultural lands of California (Resolution concerning the protection of rivers from mining débris.) LAWS 1881, P. 98; FEB. 9, 1881. SENATE CONCURRENT RESOLUTION NO. 7, relative to mining débris and channel obstructions. Whereas the State of California has expended over $500,000 in engineering, levees, and dams, in an effort to rectify the river channels of this State, which are now filled with mining débris to the extent that navigation is almost destroyed; and Whereas the rivers and bays of the State are the transportation competitors of the railroads, and should be preserved for the commercial purposes of this State and coast; and Whereas the time and exigency have arrived when the General Government should take charge of this work and make the necessary appropriations to repair damages already accomplished and prevent the further destruction of our rivers and bays: Therefore be it Resolved by the senate, the assembly concurring, That our Senators be instructed and our Representatives in Congress be requested to ask and urge the General Government to make the necessary appropriation, without delay, to carry on this important improvement. Resolved, That the governor be requested to telegraph a copy of this resolution to our Representatives in Congress. NOTE-See United States Mining Statutes, Annotated, Part II, pages 933, 934. LAWS 1885, EXTRA SESSION 1884, P. 7; APR. 30, 1884. ASSEMBLY CONCURRENT RESOLUTION relative to river and harbor appropriations made by the Congress of the United States for the Pacific Coast and remaining now unexpended Whereas it is reported that the Secretary of War refuses to permit the expenditure of the appropriation made by Congress of the United States of America for the improvement of the Sacramento and other rivers and their tributaries situated within this State; Whereas the demands of commerce, the interests of the people, and the protection of these great highways of nature imperatively demand that every effort should be made to maintain them so that their navigation for commercial purposes may be unimpeded and the inauguration of such improvements be made as may best secure that result; Whereas the flow of débris in the rivers of the State has been restrained under the decision of the circuit court of the United States, and, therefore, the reason advanced by the War Department, "that as long as that was permitted it was useless to expend public moneys in their improvement" no longer exists: Therefore be it Resolved by the assembly, the senate concurring, That our Senators and Representatives in Congress be requested to use all honorable means, either by personal application at the War Department or by action of Congress, to secure, on the part of the Government of the United States the improvement of the rivers hereinbefore named. Be it further resolved, That his excellency the governor of the State of California be requested to send a duly certified copy of these resolutions to the Secretary of War, Hon. Robert T. Lincoln, and to our Senators and Representatives in Congress. LAWS (AMENDMENTS) 1887 (EXTRA SESSION 1886), P. 253; MAR. 10, 1887. (Resolution concerning the protection of rivers from mining débris.) ASSEMBLY JOINT RESOLUTION NO. 10, (Preamble.) Resolved by the assembly, the senate concurring, That our Senators and Representatives in Congress be requested to take such steps as will, in their judgment, relieve the mining industry of California from its present status, with a view at all times to a proper recognition of the law and the interests of all, and to that end procure the passage of such laws as will provide, first, for an immediate and thorough investigation of this mining débris question by a commission of competent Government engineers, for the purpose of ascertaining whether some plan can be devised whereby the present conflict between the mining and farming sections may be adjusted, and the mining industry rehabilitated; second, to the carrying out of such plans, in the event any suitable ones can be determined on; third, for a complete examination and survey of the injured river channels, with a view to their improvement and rectification; fourth, providing sufficient means to accomplish said purpose. NOTE. See United States Mining Statutes, Annotated, Part II, pages 933, 934. LAWS 1889, P. 730; MAR. 16, 1889. SENATE CONCURRENT RESOLUTION NO. 11, requesting our representatives in Congress to ask an appropriation of $2,000,000 for the improvement of the navigation of the San Joaquin, Sacramento, and Feather Rivers, in California, from the head of navigation on said San Joaquin River and from the head of navigation on the Sacramento, at St. Johns, and from the head of navigation on Feather River, at Oroville (said Feather River being a tributary of the Sacramento) to San Francisco Bay. (Resolution concerning the protection of rivers from mining débris.) LAWS 1891, P. 531; MAR. 18, 1891. SENATE JOINT RESOLUTION NO. 17, relative to the mining industry in California. (Resolution concerning the protection of rivers from mining débris.) LAWS 1893, P. 541; JAN. 10, 1893. ASSEMBLY JOINT RESOLUTION NO. 2, relative to the mining and river interests of the State. Whereas the interests of the State of California demand an immediate solution and satisfactory adjustment of the hydraulic mining and river interests in this State; and Whereas two State conventions, composed of representatives of all industries therein, have so agreed; be it Resolved by the Assembly of the State of Californla, the Senate concurring, That the Congress of the United States be hereby urged to speedily enact the measure known as Caminetti's House Bill No. -, relating to hydraulic mining and river improvements in the State of California, or some other measure which, in the judgment of that honorable body, will serve the purposes set forth in said act. Resolved, That the governor is hereby requested to affix his official signature to this resolution, and cause a certified copy thereof to be forwarded by telegraph to our Representatives and Senators in Congress. DÉBRIS COMMISSIONER. LAWS 1893, P. 339; MAR. 24, 1893. AN ACT to provide for the appointment, duties, and compensation of a débris commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner. The People, etc. SEC. 1. The governor of the State of California shall, on or before the 1st day of January, 1894, appoint a competent civil engineer for a period of four years only, to be known as and called the débris commissioner. SEC. 2. Said commissioner shall, during the time he shall be actually employed in the discharge of this official duties, receive a compensation of $300 per month and his necessary traveling expenses, to be allowed by the State board of examiners. SEC. 3. Whenever any board of engineers of the United State Government shall have been appointed with power to adopt plans and specifications for the construction of works for the impounding of mining débris, it shall be the duty of said débris commissioner to consult and advise with such board of engineers of the United States Government, and to examine and pass upon the merits of such works, and said débris commissioner shall determine whether or not such works are calculated to and sufficient to protect the navigable waters of the State, and to keep a record of such determinations. SEC. 4. (Appropriation, $250,000.) * LAWS 1895, P. 82; MAR. 26, 1895. AN ACT making an appropriation to pay the salary of the secretary to the débris commissioner for the remainder of the forty-sixth fiscal year. The People, etc. SEC. 1. There is hereby appropriated out of any moneys in the State treasury not otherwise appropriated, the sum of $500, to pay the salary of the secretary to the débris commissioner for the remainder of the forty-sixth fiscal year. LAWS 1895, P. 154; MAR. 23, 1895. AN ACT making an appropriation to pay the salary of the débris commissioner for the remainder of the forty-sixth fiscal year. The People, etc. SEC. 1. There is hereby appropriated out of any moneys in the State treasury not otherwise appropriated, the sum of $1,200, to pay the salary of the débris commissioner for the remainder of the forty-sixth fiscal year. DÉBRIS COMMISSIONER-DUTIES. LAWS 1897, P. 169; MAR. 17, 1897. AN ACT to amend an act entitled "An act to provide for the appointment, duties, and compensation of a débris commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March 24, 1893. The People, etc. SEC. 1. Section 1 of the act entitled "An act to provide for the appointment, duties, and compensation of a débris commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March 24, 1893, is hereby amended so as to read as follows: SEC. 1. The governor of the State of California shall, on or before the 1st day of January, 1898, appoint a competent civil engineer for a period of four years only, to be known as and called the débris commissioner: Provided, however, That the débris commissioner heretofore appointed under the act entitled 'An act to provide for the appointment, duties, and compensation of a débris commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner,' approved March 24, 1893, shall continue to perform the duties, and receive the compensation of that office, subject to the provisions of this act, until the expiration of the term for which he was appointed and until the appointment and qualification of the débris commissioner provided for by this act. SEC. 2. Section 2 of said act is hereby amended so as to read as follows: SEC. 2. Said commissioner shall receive a compensation of $10 per day while actually engaged in the discharge of his duties, and his necessary traveling expenses, to be allowed by the State board of examiners. SEC. 3. Section 3 of said act is hereby amended so as to read as follows: SEC. 3. It shall be the duty of the said débris commissioner to consult and advise with the members of the corps of engineers of the United States Army comprising the California Débris Commission (created by act of Congress approved March 1, 1893), in relation to the construction of works for the restraining and impounding of débris resulting from mining operations, natural erosion, or other causes; and it shall be his duty to examine such works, and to report the result of such examination to the State board of examiners. Said débris commissioner is further authorized and directed to consult and advise with said California Débris Commission in relation to any and all plans and specifications that may have been or may hereafter be prepared or adopted by said California Débris Commission, for the construction of such restraining or impounding works, and said débris commissioner shall submit a copy of all such plans and specifications to the State board of examiners for their examination and consideration, together with his approval or disapproval thereof, or other recommendation with reference thereto. The State board of examiners shall thereupon proceed to examine and consider the plans and specifications thus submitted to them, and in that behalf may require the attendance, counsel, and advice of said débris commissioner, during their examination and consideration thereof. The State board of examiners shall keep a record of their deliberations and shall either approve or disapprove said plans and spec fications, which approval or disapproval may be by a majority vote of said board: Provided, That no plans and specifications involving an expenditure on the part of the State of California o a sum greater than the appropriation herein made shall be approved. If said p'ans and spec fications be approved by the State board of examiners, the said débris commissioner shall thereupon report such action to said California Débris Commiss on. Whenever sa d California Débris Commission or the Government of the Un ted States shall have entered into any contract for the construction of works for the purposes described in this act, in pursuance of plans and specifica ions that have been theretofore approved by the State board of examiners, as in this act provided, it shall then be the duty of the débris commissioners to carefully inspect such works during the process of their construction and to keep a record of the result of such inspection, and to report the same monthly to the State board of examiners. Said débris commissioner shall also, from time to time, during the process of the construction of such works, when requested so to do by the said California Débris Commission, draw his warrants upon the State comptroller in favor of such person or persons as may be designated by said California Débris Commission for such amounts as shall equal one-half of the cost o the construction of said works; and said débris commis ioner shall, in like manner, and when requested so to do by said California Débris Commission, draw his warrant upon the State comptroller for an amount equal to one-half the purchase price of any site or sites necessary for the construction of said works: Provided, That the purchase of such site or sites shall have been first pproved by the State board of examiners: And provided further, That no warrant shall be drawn in excess of the amount appropriated by this act. SEC. 4. Section 4 o said act is hereby amended so as to read as follows: SEC. 4. There is hereby appropriated out of the general fund of the treasury of this State not otherwise appropriated, the sum of $250,000, to be used in the constructon of works for the restraining and impounding of débris resulting from m ning operations, natural erosion, or other causes, and for the purchase of tes there.or. The appropriat on made by thi section is intended as a reappropriation of the um of $250,000 appropriated by the act entitled "An act to provide for the appointment, duties, and compensation of a débris commissioner, and to make an appropriation to be expended under his directions n the discharge'o`h ́s duties as such commissioner," approved March 24, 1893, and it is expressly intended and provided by his act that the State of California shal, n no event, incur any 1 ability hereunder beyond the amount of the appropr ́ation herein made; and no cont actor, claimant, or person shall acquire any right or obl gation against the State o Cal fornia beyond said um so appropriated and set apart for the purposes hereinabove se forth, and it is expressly declared that any claim or demand against the State of California in excess of said appropriation shall be invalid and void. Said moneys shall be paid only upon orders drawn by the State comptroller upon the written request of aid débris commissioner, as in this act provided. SEC. 5. Section 7 of said act is hereby amended so as to read as follows: SEC. 7. All expenditures authorized by the provisions of this act shall be subject to the approval of the State board of examiners; and the State comptroller is hereby authorized to draw his warrant for all expenditures not in excess of the appropriation herein provided for, so approved by the State board of examiners, and the State easurer is hereby directed to pay the same. SEC. 6. This act shall take effect immediately. AMENDATORY ACT. LAWS 1905, P. 142; MAR. 18. 1905. AN ACT to amend section 1 of an act entitled, etc. (Title the same as in sec. 1). The People, etc. SEC. 1. Section 1 of the act entitled "An act to provide for the appointment, duties, and compensation of a débris commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner, approved March 24, 1893, and amended March 13, 1901," is hereby amended so as to read as follows: SEC. 1. The governor of the State of California shall, on or before the 1st day of May, 1905, appoint a competent civil and mining engineer for a period of four years only, to be known as and called the State débris commissioner. APPROPRIATIONS. LAWS 1897, P 302; MAR. 31, 1897. AN ACT making an appropriation to pay the claim of John F. Kidder, for traveling expenses, from August 15, 1893, to December 21, 1896, inclusive. The People, etc. SEC. 1. The sum of $480 is hereby appropriated to pay the claim of John F. Kidder, débris commissioner, for traveling expenses incurred from August 15, 1893, to December 21, 1896, both dates inclusive (the same having been approved by the State board of examiners). |