The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-03-10
LUMINOUS LEGAL ADVICE.

~
OF the waters of Lake BigIcr, for the
: purpose of supplying san Francisco,
the Enterprise says, among other
stupid things: "Undcr the circnm-
stances. we call on Attorney General
Buckner to apply a once for an in
junction to restrain the water COM
panv from making the proposed di-
version. ~The.money to prosecute the
matter Will be f~orthconling." Your
call upon General Buckner 10 write
himself down rs ignorant of the law as
yourself will fall upon deaf ears this
time. rs he is too much of q lawyer TO
pay any attention to such newspaper
chat. We venture to say there is not
q lawyer in the State with learning
and brains sufficient 10 practice sue
cessfully in a justices Court, hut who
would laugh at the Nerdancy Of the
Enterprise III calling upon the -Attor-
ney General to commence an acton
against a a Francisco company for
the purposes indicated. Il would have
been equally as sensible for the En-
terprise to have called upon General
Clarke last year TO restrainthe Caiifor-
mia Legislature from granting to Won
Schmidt and associates the franchise
which they enjoy. As to ask that they
should be restrained, in the exercise
of their undoubUed right, before any
person or community has been in
jured. The water company alluded
to has certainly a right to dig. cut and
run as many bitches i'll that State As it
may choose, provided il obtains per
mission from The Stale for that pur-
pose, and pays for the damage which
it may do to private property. The
water company is at this time in
the exercise of an unquestioned right,
and Il complaint for an injunction
against it in the Courts OF that State
would not be worth the paper it was
written on and could not lie enter +
company be restrained from breaking
into or tapping the waters OF the lake
to fill its ditch when completed. as a
part of the water OF the lake belongs
to California, until it was shown
by clear and positive proof that the
use of the water by the company
worked an actual injury to some one
who enjoyed n prior right to its use.
The mere fact that it would diminish
the flow of water i'll the Truckec river,
or reduce the body in the lake, would
not authorize an action TO be brought.
If the entire volume Of water which
flows Out of the lake and down the
TrUckee river had been appropriated
TO a useful and beneficial purpose in
the development of the resources of
country. prior to the construction of
the water cOmpany's ditch, then the
mini>h;ng that flow, but until the
actual appropriation Of water i is free
to all alike and no restraining order
can be Obtainedtoprevtnt its diversion.
1t may be i'll the present case that the
entire body of water which flows cut
OF the lake is being actually used for
milling purposes on The Truckee
river, but whether this he true or not
makes 10 difference at this time,
it would be necessary for
them to show that Won schmidt
Il Co. had not only supplied
their ditch with water from the lake
but that in doing 50 the flow 10 the
eastward was diminished as to work
an actual injury to them. The fact
that a part Of the lake is in California
and part in this State makes no sort of
difference, as The right to the use of
water IS as well settled IN this oaS as
the right to the enjoyment Of any other +
kind OF property, and if the people of !
our State are not i'll the actual use of :
the water they have no title to it and ,
can maintain no action for its diversion. 9
Instead therefore of the report taking I
a false and narrow view of thequestion ,
involved. it takes the only correct and ,
legal view that the subject will admit ,
of and the Enterprise and Revellle are
wasting their time when they enter l
upon the discussion of legal questions
with the author of that report. |
WILL NOT BE AN INDEPENDENT CAN
Drn.TE IT has been charged by Ger I