Section 1003. — CALIFORNIA DEBRIS COMMISSION. The Congress of the United States passed an Act, in 1893, creating a commission called the California Debris Commission. The purpose of the law was to provide a means for controlling the deposit of debris in the rivers and streams in that part of California constituting the San Joaquin and Sacramento watersheds. As enacted, after creating the California Debris Commission, it declares, for the purpose of the Act, "hydraulic mining" and "mining by hydraulic process" to have the meaning and application given to those terms in the State of California. The Act prohibits and declares unlawful such hydraulic mining "directly or indirectly injuring the navigability of said river systems, carried on in said territory, other than as permitted under its provisions." From these provisions it seems quite clear that its real intent and meaning is to prohibit and make unlawful any and all hydraulic mining in the territory drained by the Sacramento and San Joaquin river systems in the State of California, directly or indirectly injuring the navigability of said river systems; and to permit it in all cases where the work can be prosecuted without such injury to the navigability of said river systems or to the lands adjacent thereto; and that, in order to properly determine the facts upon which the legislative will is to act, a skilled commission is created, whose duty it is to ascertain and determine what will or will not cause the prohibited injury, and to prescribe the character of impounding works, and the extent to which hydraulic mining in the territory described may be carried on without causing such injury. Section 1004.-CONSOLIDATION OF MINING CORPORATIONS.-Two or more mining corporations owning claims lying in the same vicinity may consolidate upon terms agreed upon by the respective Boards of Directors or Trustees of such corporations, provided the written consent of stockholders representing two-thirds of the capital stock of each company be obtained. Such consolidation does not relieve the respective companies or their stockholders of existing indebtedness. In case of such consolidation, notice of the same must be given by advertising for at least one month in a newspaper in the county where the mining property is situated, and also in a newspaper published in the county where the principal place of business of any of such corporations shall be. When the consolidation is completed a certificate thereof, containing the manner and terms of the consolidation, must be filed in the office of the County Clerk of the county in which the original certificate of incorporation of any of said companies was filed, and a copy thereof must be filed in the office of the Secretary of State. Such certificate must be signed by a majority of each Board of Directors or Trustees of the original companies; and they must within thirty days after the filing of such certificate, and after at least ten days' public notice, call a meeting of the stockholders of all of said companies so consolidated, to elect a Board of Trustees or Directors for the consolidated company for the ensuing year. The said certificate must also contain all the matters required to be stated in Articles of Incorporation. Civil Code, Section 361. Section 1005.-TRANSFER OF STOCK IN MINING CORPORATIONS.-The Civil Code of California, Sections 586, 587, makes the following particular provisions about the transfer of stock in mining corporations: "Any corporation organized in this State for the purpose of mining or carrying on mining operations in or without this State, may establish and maintain agencies in other States of the United States, for the transfer and issuing of their stock; and a transfer or issue of the stock at any such transfer agency, in accordance with the provisions of its By-Laws, is valid and binding as fully and effectually for all purposes as if made upon the books of such corporation at its principal office within this State. The agencies must be governed by the By-Laws and the Directors of the corporation. All stock of such corporation, issued at a transfer agency, must be signed by the President and Secretary of the corporation, and countersigned at the time of its issue by the agent having charge of the transfer agency." Civil Code, Sections 586, 587. Section 1006.-HOURS OF WORK IN UNDERGROUND MINES.-The period of employment for all persons working in underground mines in search of minerals, whether base or precious, or who are engaged in such underground mines for other purposes, or who are employed or engaged in other underground workings whether for the purpose of tunneling, making excavations or to accomplish any other purpose or design, or who are employed in smelters and other institutions for the reduction or refining of ores or metals, shall not exceed eight hours within any twenty-four hours, and the hours of employment in such employment or work day shall be consecutive, excluding, however, any intermission of time for lunch or meals; provided that, in the case of emergency where life or property is in imminent danger, the period may be a longer time during the continuance of the exigency or emergency. Act of the Legislature, approved March 10, 1909. Section 1007.-ABANDONED OIL WELLS.-Abandoned oil wells must be filled by the owner, with clay, earth or cement mortar, thoroughly packed and tamped, to a point above the upper oil-bearing strata. While withdrawing the casing, water must be effectually and permanently excluded. Act of the Legislature, approved March 20, 1909. Section 1008.-CAPPING GAS WELLS.-All persons, firms, corporations and associations are prohibited from wilfully permitting any natural gas wastefully to escape into the atmosphere. All persons, firms, corporations or associations digging, drilling, excavating, constructing or owning or controlling any well from which natural gas flows shall upon the abandonment of such well, cap or otherwise close the mouth of or entrance to the same in such a manner as to prevent the unnecessary or wasteful escape into the atmosphere of such natural gas. And no person, firm, corporation or association owning or controlling land in which such well or wells are situated shall wilfully permit natural gas flowing from such well or wells, wastefully or unnecessarily to escape into the atmosphere. Any person, firm, corporation or association who shall wilfully violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. For the purposes of this act each day during which natural gas shall be wilfully allowed wastefully or unnecessarily to escape into the atmosphere shall be deemed a separate and distinct violation of this act. Act of the Legislature, approved March 25, 1911. Section 1009. - EXTRACTION OF MINERALS FROM THE WATERS OF STREAMS OR LAKES.— Minerals contained in the waters of any stream or lake in this state shall not be extracted from said waters except upon charges, terms and conditions prescribed by law. No person, firm, corporation or association shall hereafter gain the right to extract or cause to be extracted said minerals from said waters by user, custom, prescription, appropriation, littoral rights, riparian rights, or in any manner other than by lease from or express permission of the state as prescribed by law; and no such lease or permission shall be granted for a longer period than twenty-five years. Act of the Legislature, approved April 14, 1911. Section 1010. MINERAL LANDS UNCOVERED BY RECEDING WATERS OF LAKES.-Where the waters of a lake, or other body of water, recede or drain away, thus leaving on State land valuable minerals uncovered; the land uncovered by the recession or drainage of such waters will be subject to lease from the State, for periods not longer than twenty-five years, upon such charges, terms and conditions as may be prescribed by law. Act of the Legislature, approved April 14, 1911. Section 1011.-CONDITIONS OF LEASE OF MINERAL LANDS UNCOVERED BY RECEDING WATERS.-Every person, firm or corporation taking from the waters of such stream, lakes or lands any minerals, shall file, on or before the last Monday in January of each year, with the county assessor of the county in which any such stream or lake is situated, and also with the state controller, a written statement, duly verified, showing in tons of 2,000 pounds, the amount of mineral taken by such person, firm or corporation from such water or land during the year ending December 31st last preceding and sold by said person, firm or corporation during the said year preceding. Any such person, firm or corporation neglecting or refusing to furnish such statement shall be subject to a fine of $100.00 for each day after the said last Monday in January such person, firm or corporation shall fail to furnish such statement, and, in addition to said fine, shall forfeit all leases granting the right to extract such minerals from said water and said land. Any person who shall, either on behalf of himself or any firm or corporation, verify any such statement which shall be untrue in any material part, shall be deemed guilty of a misdemeanor. In case either the assessor or the state controller shall not be satisfied with the statement as returned, he may make an examination of the matters necessary to verify or correct said statement, and, for that purpose, may subpoena witnesses and call for and compel the production of necessary books and papers belonging to the person, firm or corporation making the returns. (a) Royalty. The county assessor of the county shall, after examination and approval by him and the state controller of such statement, proceed to collect from such person, firm or corporation a royalty of 25 cents for each ton |