Guide to the State of California vs. Yuba Goldfields Collection, 1979-1985
Processed by The California State Library staff; machine-readable finding aid created by
Xiuzhi Zhou
California History Room
California State Library
Library and Courts Building II
900 N. Street, Room 200
P.O. Box 942837
Sacramento, California 94237-0001
Phone: (916) 654-0176
Fax: (916) 654-8777
Email: cslcal@library.ca.gov
URL: http://www.library.ca.gov/
© 1998
California State Library. All rights reserved.
Guide to the State of California vs. Yuba Goldfields Collection, 1979-1985
California State Library
Sacramento, California
Contact Information:
- California History Room
- California State Library
- Library and Courts Building II
- 900 N. Street, Room 200
- P.O. Box 942837
- Sacramento, California 94237-0001
- Phone: (916) 654-0176
- Fax: (916) 654-8777
- Email: cslcal@library.ca.gov
- URL: http://www.library.ca.gov/
- Processed by:
- The California State Library staff
- Encoded by:
- Xiuzhi Zhou
© 1998 California State Library. All rights reserved.
Descriptive Summary
Title: State of California vs. Yuba Goldfields Collection,
Date (inclusive): 1979-1985
Box Number: 1754-1794
Repository:
California State Library
Language:
English.
Administrative Information
Access
Unrestricted.
Conditions of Use
Please credit California State Library.
Publication Rights
Copyright has not been assigned to California State Library. All requests for permission
to publish or quote from manuscripts must be submitted in writing. Permission for
publication is given on behalf of California State Library as the owner of the physical
items and is not intended to include or imply permission of the copyright holder, which
must also be obtained by the reader.
Preferred Citation
[Identification of item], State of California vs. Yuba Goldfields Collection, California
State Library.
Access Points
Yuba River (Calif.) --Navigation --Law and legislation
Inland navigation --Law and legislation --California
Marysville (Calif.) --History
Contents
Briefs and court decisions from 9th Circuit Court of Appeals and Supreme Court,
settlement agreement, trial briefs, complaints and answer motion for summary judgment,
listing and analysis of exhibits, comments on navigability, plaintiff and defendant
exhibits, depositions of witnesses, trial transcripts
History
The principal factual issue in the case was whether the Yuba River was navigable in 1850
(year of admission of California into the Union) from Marysville upstream to about Mile
18. The Plaintiff took the position it was navigable, but the Defendants opposed. The
significance of this issue was that if navigable, the Plaintiff would own the bed of the
river as it existed in 1850, otherwise, it would be owned by the Defendants or others.
In this instance the precise lands involved were a some 400 feet wide running from about
Mile 8 to Mile 18, with the United States having record fee ownership of the surface and
Yuba the precious metals in some areas, and each owning the entire fee in other tracts.
The approximate time period covered was early 1800 to early 1900. This evidence generated
more documents, plus all the briefs, depositions, and trial transcripts associated with
the case.
Recognized historians of note were arrayed on all sides, including W. Turrintine Jackson
for the State, William H. Hutchinson and Joe Hagwood for the United States, and John
Thompson for Yuba. The attorneys were Richard Frank and Blake Stevenson for the State,
Mary Beth Uitti and Don Denney for the United States, and Lloyd Hinkleman and Andrea
Miller for Yuba.
The case was filed by the State on October 19, 1979. After the usual preliminary
skirmishes, it went to trial before the Honorable Paul A. Ramirez on February 15, 1983
and proceeded intermittently through May 3, 1983.
The Judge rendered an intermediate decision on July 22, 1983, not on the merits of the
case but on a motion for dismissal by the United States that the Court did not have the
jurisdiction of the Federal interests because of a 12-year statute of limitations. A
decision of the Supreme Court had just been issued on a similar question that the Federal
statute would run against a state the same as an individual. The Judge followed that
decision and dismissed the United States, which had the effect of the State not being
able to get title to any of the record interests of the United States.
The State appealed that decision to the Ninth Circuit Court of Appeals which affirmed on
January 21, 1985. The State then pursued the matter to the Supreme Court, which denied
the Writ of Certiorari on December 2, 1985. This ended the case insofar as it concerned
the interests of the United States.
However, with regard to Yuba`s interests, the statute did not run against them, and the
case could have continued to trial to decide the navigability question. At this point the
remaining parties, State and Yuba, entered into an agreement whereby Yuba would quitclaim
all its interests in the bed of the current river and State would quitclaim its claim to
the location of 1850 river located outside the current river.
The net effect of this would be that the state would get ownership of the bed in certain
parts of the river and mineral ownership in others, and Yuba would get clear title in the
old river bed (at least the precious metals) where it desired to continue dredging for
gold.
This settlement did not resolve the issue of navigability, which remains to be resolved
on another day with other parties, especially involving the record owners between
Marysville and upstream to about Mile 8.
Related Collections
Title: William H. Hutchinson Collection
Major Correspondents
Box-folder (Box 1754, Folders 1, 4, 6-8, 14; Box 1755, Folders 1, 4; Box 1756, Folders 1, 2, 7, 10; Box 1757, Folders 9, 13-15; Box 1758,
Folder 1; Box 1759, Folder 3-4, 8; Box 1760, Folders 5, 8, 11, 13; Box 1765, Folders 22, 39; Box 1768, Folders 22, 25; Box
1769, Folders 4, 51-52; Box 1770, Folder 14; Box 1772, Folder 2; Box 1774, Folder 2; Box 1775, Folders 1-2; Box 1781, Folder
2)
Box-folder (Box 1754, Folder 7; Box 1755, Folders 2-3; Box 1757, Folder 11; Box 1758, Folder 7; Box 1760, Folder 10; Box 1764, Folder
7; Box 1771, Folder 7; Box 1781, Folder 2)
Box-folder (Box 1754, Folders 8-10; Box 1758, Folder 7; Box 1760, Folder 10; Box 1782, Folder 1; Box 1785, Folder 2)
Box-folder (Box 1758, Folder 3; Box 1760, Folder 1; Box 1765, Folders 23-24, 26, 42; Box 1769, Folders 31-45, 47-48, 50, 53-68; Box 1770,
Folders 1-9, 11; Box 1775, Folder 2; Box 1784, Folder 1)
Hutchinson, W. H. (William Henry), 1910-1990.
Box-folder (Box 1757, Folders 11, 15; Box 1759, Folder 3; Box 1760, Folder 5; Box 1767, Folder 18; Box 1768, Folders 16, 29; Box 1769,
Folder 3; Box 1772, Folder 2)
Box-folder (Box 1767, Folders 18, 21-22; Box 1768, Folders 10, 32; Box 1772, Folder 2; Box 1774, Folder 2; Box 1775, Folder 2; Box 1783,
Folder 2)
Box-folder (Box 1754, Folders 13-14; Box 1755, Folder 2; Box 1756, Folders 2, 6; Box 1758, Folder 7; Box 1759, Folder 5; Box 1760, Folder
13; Box 1775, Folders 1-2)
Other Correspondents
Box-folder (Box 1775, Folder 2)
Box-folder (Box 1758, Folder 7)
Box-folder (Box 1766, Folder 31)
Box-folder (Box 1758, Folder 7)
Box-folder (Box 1757, Folder 11)
Box-folder (Box 1760, Folder 13)
Box-folder (Box 1767, Folder 1; Box 1774, Folder 2)
Box-folder (Box 1774, Folder 2)
Box-folder (Box 1759, Folder 1)
Box-folder (Box 1758, Folder 7)
Box-folder (Box 1774, Folder 2)
Box-folder (Box 1754, Folder 6; Box 1760, Folder 13)
Box-folder (Box 1765, Folder 47)
Box-folder (Box 1757, Folder 11)
Box-folder (Box 1754, Folder 5)
Box-folder (Box 1755, Folder 4)
Box-folder (Box 1761, Folder 29; Box 1772, Folder 2; Box 1775, Folder 2)
Box-folder (Box 1782, Folder 1)
Box-folder (Box 1765, Folder 43)
Box-folder (Box 1759, Folder 3)
Foley, Doris
(See: Larsen, Doris Foley)
Box-folder (Box 1767, Folder 11; Box 1772, Folder 2; Box 1781, Folder 2)
Box-folder (Box 1758, Folder 7; Box 1767, Folders 6-9; Box 1772, Folder 2)
Box-folder (Box 1764, Folder 7)
Box-folder (Box 1758, Folder 7; Box 1782, Folder 2)
Box-folder (Box 1757, Folder 11)
Box-folder (Box 1774, Folder 2; Box 1775, Folder 2)
Box-folder (Box 1774, Folder 2)
Box-folder (Box 1775, Folder 2; Box 1783, Folder 1)
Box-folder (Box 1754, Folder 8)
Box-folder (Box 1760, Folder 5)
Box-folder (Box 1783, Folder 2)
Box-folder (Box 1768, Folder 6; Box 1770, Folder 13; Box 1775, Folder 1; Box 1783, Folder 3)
Box-folder (Box 1757, Folder 11; Box 1760, Folder 5; Box 1772, Folder 2; Box 1775, Folder 2)
Box-folder (Box 1758, Folder 7)
Box-folder (Box 1760, Folder 13)
Box-folder (Box 1770, Folders 16-17)
Box-folder (Box 1760, Folder 13)
Box-folder (Box 1757, Folder 13; Box 1759, Folder 3; Box 1768, Folder 9; Box 1772, Folder 2; Box 1774, Folder 2; Box 1775, Folder 2;
Box 1783, Folder 2)
Box-folder (Box 1767, Folder 16; Box 1772, Folder 2)
Box-folder (Box 1755, Folder 3; Box 1771, Folder 8)
Box-folder (Box 1757, Folder 11)
Box-folder (Box 1759, Folder 3)
Box-folder (Box 1775, Folder 2)
Box-folder (Box 1760, Folder 13)
Box-folder (Box 1774, Folder 2)
Box-folder (Box 1754, Folder 1)
Box-folder (Box 1769, Folder 1)
Box-folder (Box 1758, Folder 7)
Box-folder (Box 1759, Folder 3)
Box-folder (Box 1782, Folders 1-2; Box 1783, Folder 2; Box 1785, Folder 3)
Box-folder (Box 1768, Folder 22)
Box-folder (Box 1767, Folder 14-15; Box 1772, Folder 2)
Box-folder (Box 1759, Folder 3)
Box-folder (Box 1756, Folders 2, 5; Box 1760, Folders 7, 10; Box 1782, Folder 1)
Box-folder (Box 1757, Folder 11)
Box-folder (Box 1756, Folder 2; Box 1774, Folder 2; Box 1775, Folder 2)
Box-folder (Box 1758, Folder 7; Box 1774, Folder 2)
Box-folder (Box 1760, Folder 4)
Box-folder (Box 1765, Folders 3-4)
Box-folder (Box 1758, Folder 7)
Box-folder (Box 1769, Folders 1-2)
Box-folder (Box 1760, Folder 5)
Box-folder (Box 1759, Folder 1)
Box-folder (Box 1774, Folder 2)
Box-folder (Box 1768, Folder 34)
Box-folder (Box 1759, Folder 3)
Box-folder (Box 1754, Folder 3)
Box-folder (Box 1754, Folder 6; Box 1759, Folder 3; Box 1760, Folder 13)
Box-folder (Box 1774, Folder 2; Box 1775, Folder 2)
Box-folder (Box 1767, Folder 23; Box 1774, Folder 2)
Box-folder (Box 1758, Folder 7; Box 1772, Folder 2; Box 1775, Folder 2)
Box-folder (Box 1775, Folder 1)
Box-folder (Box 1754, Folders 8-10; Box 1758, Folder 7)
Box-folder (Box 1758, Folder 7)
Box-folder (Box 1759, Folder 6; Box 1770, Folder 15)
Box-folder (Box 1754, Folder 7)
Box-folder (Box 1767, Folder 2; Box 1772, Folder 2)
Box-folder (Box 1768, Folders 15, 17, 24, 27, 37)
Box-folder (Box 1781, Folders 1-2; Box 1783, Folder 3)
Box-folder (Box 1774, Folder 2; Box 1785, Folder 3)
Box-folder (Box 1754, Folder 6; Box 1760, Folder 13)
Box-folder (Box 1785, Folder 1)
Box-folder (Box 1774, Folder 2)
Witnesses
Hutchinson, W. H. (William Henry), 1910-1990.
Jackson, W. Turrentine (William Turrentine), 1915-
Container List
Briefs--9th Circuit Court of Appeals
Box Box 1755:
Briefs and Motions--12 year statute of limitations
Summary Judgement Materials
State Lands Hearing Brief
List and Analysis of Exhibits
Order Pretrial Witnesses/Exhibits
Preparation of Response to Summary
Thank You Letters to Historians and Witnesses
Box Box 1761
Plaintiff (State) Exhibits 1-33 In-Evidence
Box Box 1762
Plaintiff (State) Exhibits 34-71 In-Evidence
Box Box 1763
Plaintiff (State) Exhibits 72-120 In-Evidence
Box Box 1764
Plaintiff (State) Exhibits 121-142 In-Evidence
Box Box 1765
Plaintiff (State) Exhibits 143-373 In-Evidence
Box Box 1766
Plaintiff (State) Exhibits 2-131 Not in Evidence
Box Box 1767
Plaintiff (State) Exhibits 133-184 Not in Evidence
Box Box 1768
Plaintiff (State) Exhibits 185-222 Not in Evidence
Box Box 1769
Plaintiff (State) Exhibits 224-310 Not in Evidence
Box Box 1770
Plaintiff (State) Exhibits 311-352 Not in Evidence
Box Box 1771
Federal Exhibits HH-4 - UUUUU
Box Box 1772
Federal Exhibits A-GGGG Set no. 1, vol. 1-2 (A - GG-2)
Box Box 1773
Federal Exhibits A - GGGG Set no. 1, vol. 3-4 (HH-1 - HH-54)
Box Box 1774
Federal Exhibits A-GGGG Set no. 1, vol. 5-6 (HH-55 - PPP-1)
Box Box 1775
Federal Exhibits A - GGGG Set no. 1, vol. 7-8 (QQQ - GGGG)
Box Box 1776
Defendant's Exhibits B - LLLL
Box Box 1777
Defendant's Exhibits A - P
Box Box 1778
Defendant's Exhibits Q - Z
Box Box 1779
Defendant's Exhibits AA - KKK
Box Box 1780
Defendant's Exhibits LLL - QQQ
Box Box 1781
Depositions of Witnesses Compton-Denney
Box Box 1782
Depositions of Witnesses Elliot-Gargis
Box Box 1783
Depositions of Witnesses Hagwood-Hoffman
Box Box 1784
Depositions of Witnesses Hutchinson, William H.
Box Box 1785
Depositions of Witnesses Jackson-Wheeler
Box Box 1786
Trial Transcripts (v.1, Feb. 15, 1983-v.3, Feb. 23, 1983)
Box Box 1787
Trial Transcripts (v.4, Feb. 24, 1983-v.6, March 1, 1983)
Box Box 1788
Trial Transcripts (v.7, March 3, 1983-v.9, March 8, 1983)
Box Box 1789
Trial Transcripts (v.10, March 9, 1983-v.13, March 17, 1983)
Box Box 1790
Trial Transcripts (v.14, March 22, 1983-v.17, March 28, 1983)
Box Box 1791
Trial Transcripts (v.18, April 5, 1983-v.20, April 7, 1983)
Pretrial Hearing (August 23, 1982)
List of Exhibits (v.26, April 21, 1983)
Box Box 1793
Trial Transcripts (v.27, April 22-May 3, 1983)
Reporters' Transcript (June 20, 1980)
Notice of Motion and Motion for Summary Judgement
Box Box 1794
Trial Transcripts (v.21, April 8, 1983-v.25, April 25, 1983)
