plans, and maps in support of their respective claims. Further hearings, upon notice to all parties of record, may be granted by the commission when necessary.

§ 13. Favorable Decisions Within Thirty Days-Order Directing Methods of Mining, Conditions, etc.-Taxes on Gross Proceeds-Proviso-Expenses.-That in case a majority of the members of said commission, within thirty days after the time so fixed, concur in a decision in favor of the petitioner or petitioners. the said commission shall thereupon make an order directing the methods and specifying in detail the manner in which operations shall proceed in such mine or mines; what restraining or impounding works, if facilities therefor can be found, shall be built, and maintained; how and of what material; where to be located; and in general set forth such further requirements and safeguards as will protect the public interests and prevent injury to the said navigable rivers, and the lands adjacent thereto, with such further conditions and limitations as will observe all the provisions of this act in relation to the working thereof and the payment of taxes on the gross proceeds of the same: Provided, That all expense incurred in complying with said order shall be borne by the owner or owners of such mine or mines.

§ 14. Plans, etc., to be Submitted to Commission-Commencement of Works Supervision and Inspection-Completion of Works-Permission to Commence Mining.-That such petitioner or petitioners must within a reasonable time present plans and specifications of all works required to be built in pursuance of said order for examination, correction, and approval by said commission; and thereupon work may immediately commence thereon under the supervision of said commission or representative thereof attached thereto from said Corps of Engineers, who shall inspect same from time to time. Upon completion thereof, if found in every respect to meet the requirements of the said order and said approved plans and specifications, permission shall thereupon be granted to the owner or owners of such mine or mines to commence mining operations, subject to the conditions of said order and the provisions of this act.

§ 15. Conditions, etc., as to Commencing Operations-ProvisoNavigation, etc., Sufficiently Protected. That no permission granted to a mine owner or owners under this act shall take effect, so far as regards the working of a mine, until all impounding dams or other restraining works, if any are prescribed by the order granting such permission, have been completed and until the impounding dams or other restraining works or settling reservoirs provided by said commission have reached such a stage as in the opinion of said commission, it is safe to use the same: Provided, however, That if said commission shall be of the opinion that the restraining and other works already constructed at the mine or mines shall be sufficient to protect the navigable rivers of said systems and the work of said commission, then the

owner or owners of such mine or mines may be permitted to commence operations.

§ 16. Allotment of Expenses for Constructing Common Dumps; etc.-Subsequent Petitioners to Pay for Dumping Privilege-Apportionment of Such Payment to Original Owners-Maintenance, etc.— Location. That in case the joint petition referred to in section 11 hereof is granted, the commission shall fix the respective amounts to be paid by each owner of such mines toward providing and building necessary impounding dams or other restraining works. In the event of a petition being filed after the entry of such order, or in case the impounding dam or dams or other restraining works have already been. constructed and accepted by said commission, the commission shall fix such amount as may be reasonable for the privilege of dumping therein, which amount shall be divided between the original owners of such impounding dams or other restraining works in proportion to the amount respectively paid by each party owning same. The expense of maintaining and protecting such joint dam or works shall be divided among mine owners using the same in such proportion as the commission shall determine. In all cases where it is practicable, restraining and impounding works are to be provided, constructed and maintained by mine owners near or below the mine or mines before reaching the main tributaries of said navigable waters.

§ 17. Limit of Debris Washed Away. That at no time shall any more debris be permitted to be washed away from any hydraulic mine or mines situated on the tributaries of said rivers and the respective branches of each, worked under the provisions of this act, than can be impounded within the restraining works erected.

§ 18. Modification, etc., of Orders.-That the said commission may at any time when the condition of the navigable rivers or when the capacities of all impounding and settling facilities erected by mine. owners or such as may be provided by government authority require same, modify the order granting the privilege to mine by the hydraulic mining process so as to reduce amount thereof to meet the capacities of the facilities then in use, or, if actually required in order to protect the navigable rivers from damage, may revoke same until the further notice of the commission.

§ 19. Forfeiture for Violating Conditions-Work to Cease upon Service of Notice-Enforcement of Orders, etc.-That an intentional violation on the part of a mine owner or owners, company, or corporation, or the agents or the employees of either, of the conditions of the order granted pursuant to section 13, or such modifications thereof as may have been made by said commission, shall work a forfeiture of the privileges thereby conferred, and upon notice being served by the order of said commission upon such owner or owners, company or corporation, or agent in charge, work shall immediately cease. Said commission shall take necessary steps

to enforce its orders in case of the failure, neglect, or refusal of such owner or owners, company, or corporation, or agents thereof, to comply therewith, or in the event of any person or persons, company or corporation working by said process in said territory contrary to law.

§ 20. Visiting Mines-Report. That said commission, or a committee therefrom or officer of said corps assigned to duty under its orders, shall, whenever deemed necessary, visit said territory and all mines operating under the provisions of this act. A report of such examination shall be placed on file.

21. Use of Public Lands and Material-Withdrawal of Lands from Sale and Entry. That the said commission is hereby granted the right to use any of the public lands of the United States, or any rock, stone, timber, trees, brush, or material thereon or therein, for any of the purposes of this act; and the Secretary of the Interior is hereby authorized and requested, after notice has been filed with the Commissioner of the General Land Office by said commission, setting forth what public lands are required by it under the authority of this section, that such land or lands shall be withdrawn from sale and entry under the laws of the United States.

§ 22. Willful Injury to Works a Misdemeanor-Penalty-Violation of This Act a Misdemeanor-Penalty-Proviso-Operative Date.—That any person or persons who willfully or maliciously injure, damage, or destroy, or attempt to injure, damage, or destroy, any dam or other work erected under the provisions of this act for restraining, impounding, or settling purposes, or for use in connection therewith, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed the sum of five thousand dollars or be imprisoned not to exceed five years, or by both such fine and imprisonment, in the discretion of the court. And any person or persons, company or corporation, their agents or employees, who shall mine by the hydraulic process directly or indirectly injuring the navigable waters of the United States, in violation of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That this section shall take effect on the first day of May, 1893.

§ 23. Tax on Gross Proceeds of Hydraulic Mines-Ascertainment and Payment of Tax-Regulations, etc.-A "Debris Fund" Created Expenditures from Same by the Commission-Provisos-Money Advances from Mine Owners-Refund of Same When Tax is PaidLimitation. That upon the construction by the said commission of dams or other works for the detention of debris from hydraulic mines. and the issuing of the order provided for by this act to any individual, company, or corporation to work any mine or mines by hydraulic process, the individual, company, or corporation operating thereunder working any mine or mines by hydraulic process, the debris from which

5. Licenses are obtained by making application to the California Debris Commission, San Francisco, Cal., on the special blank form issued by the commission, copies of which will be sent on request, free of cost.

6. Licenses are not transferable and are valid only for the operations of the individual or company, and for the special mine named in the license.

7. By the terms of the law an application for a license must be advertised by the commission in the newspapers to allow any protests to be filed with the commission. This advertising usually takes about three weeks.

8. As soon as practicable after advertising an application, the sites proposed by the applicants for the restraining works are visited, and if found satisfactory, authority to construct the dams or barriers is given with the commission's specifications and instructions for the work. Any dam built before such authorization is built wholly at the builder's risk, and may not be accepted by the commission. Any vari ation in location or character of work from that specified by the commission may also cause rejection of the dam.

9. When such authorized dams are completed, the commission should be promptly notified so that an inspection may be made as soon as practicable thereafter. If found satisfactory, a revocable license to mine will be issued. Until the license is issued it is illegal to mine.

10. When mining has been begun under a license, a report every month must be submitted on one of the blank forms furnished for this purpose by the commission upon request. If no mining is carried on for any month, the small form is to be used, otherwise, the large form must be forwarded. All blank spaces should be carefully and accurately filled.

11. In case of any accident to a restraining dam affecting its efficiency, mining must immediately cease and the commission must be promptly notified.

12. When a dam becomes full of debris, mining must cease until more impounding capacity is provided either by raising the dam or by the construction of new dams. The permission of the commission must be obtained to raise dams, and the work when completed must be inspected and approved by the commission before mining may be resumed.

13. Dams must be kept water tight and a pool at least 3 feet deep must be maintained as a settling basin above each dam while mining is in progress. Leaks must be promptly checked.

14. Names of mines must not be changed without due notice to the commission.

15. No charges or fees of any kind are required or allowed, all expenses of inspection being borne by the United States.

16. The mine owners are usually expected to meet the inspector at the nearest railway or stage station and take him to the mine and back. As many regions where mines are located are inaccessible in winter time, applications for licenses and inspections should be submitted as

priations are made therefor by law, or sufficient money is deposited for that purpose in said debris fund, to build at such points above the head of navigation in said rivers and on the main tributaries thereof, or branches of such tributaries, or at any place adjacent to the same, which in the judgment of said commission will effect said object (the same to be of such material as will insure safety and permanency), such restraining or impounding dams and settling reservoirs with such canals, locks, or other works adapted and required to complete same. The recommendations contained in Executive Document Numbered Two Hundred and Sixty-seven, Fifty-first Congress, Second Session, and Executive Document Numbered Ninety-eight, Forty-seventh Congress, First Session, as far as they refer to impounding dams, or other restraining works are hereby adopted, and the same are directed to be made the basis of operations. The sum of fifteen thousand dollars is hereby appropriated, from moneys in the Treasury not otherwise appropriated, to be immediately available to defray the expenses of said Commission. (Approved March 1, 1893.)

INSTRUCTIONS TO OWNERS AND OPERATORS OF HYDRAULIC MINES IN CALIFORNIA.

1. The California Debris Commission is composed of three officers of the Corps of Engineers, United States Army, who are appointed by the President of the United States, with the advice and consent of the Senate, under the authority of the act of Congress, approved March 1, 1893. The Commission is charged by this act with the enforcement of its provisions, including such regulation and control of hydraulic mining in the drainage areas of the Sacramento and San Joaquin rivers of the State of California as is necessary to cause the tailings from such mining to be so impounded in the vicinity of the mine as to prevent injury to the navigable rivers and adjacent lands. The owners and operators of such mines are required by this law to comply strictly with such requirements of the commission as may be deemed necessary to effect this purpose. An extreme penalty of $5,000 fine and one year's imprisonment is provided for violation of the act.

2. Hydraulic mining embraces all mining operations where water is used under pressure through a nozzle against any bank of earth, gravel, or other similar material, thus eroding the bank. It is forbidden by law except under the supervision of the commission.

3. The law requires that in all cases a license or written permission. must be obtained from the commission before hydraulic mining in the regions mentioned can be legally carried on.

4. Licenses or permission to mine by the hydraulic process are revocable by the commission, and will not be given unless the requirements of the commission are complied with as to sufficiency of suitable restraining barriers or dams. Licenses, when granted, will be suspended or revoked for failure to properly maintain such barriers or dams or for failure to make the reports and furnish information asked for by the commission.