Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-31


the benefit of all the great industries of the State
and not for the farmers alone.
| The bill was ordered read second time by vote
| of A ayes to IL noes.
The Assembly went into Committee OF the Whole,
and amended the bill so TO provide that the
building should not cost than $50 000 and that
no money should be paid o1t Of the Treasury under
the Act until the $40, 900 the part of the county
of Sacramento should be collected and paid in.
Johnston of Napa and Weaver. introduced amend
ments to destroy the usefulness of the bill and
created great delay thereby, but they were prompt
| ly voted down when vote was reached.
| Doty said it plain proposition. If the AS.
sembly did not want to accept the proposition let
| them vote il down. There was no use in trying to
kill the bill by any such practice as was being
| ployed by its opponents
The committee rose, and the Assembly took re-
cess. After recess the Assembly again went into
Committee Of the Whole, and continued the con-
sderation OF the bill. 1t was finally reported back
with recommendation that it pass.
Stewart moved to refer the bill to the Committee
on Public Expenditures.
Granger, Doty, Irwin aud Murdoch spoke against
the motion, and in favor Of the bill.
The bill was ordered engrossed by vote Of SO ayes
to 81 noes.
message was received from the Governor an.
nouncing his approval of the bill appropriating
money for the support of the State printing office
Cutters bill relating to parties to action was mad c
| the special order for tomorrow at 2:30 p. NJ
The Assembly adjourned to meet at 10 A. II. to-
day.
ON lhhlGA1lONs
public meeting of the Assembly Committees
on Irrigation and Water Rights and Drainage was
held in the Assembly Chamber last evening" for the
purpose Of listening to discussions OF the question
of irrigation by prominent gentlemen VINO have
made study of the subject The meeting was
called to order by Beard Of yStanislaus who nomi-
mated as Chairman OF the meeting Mathews Of San
Benito, who was elected took thu chair and stated
the object of the meeting.
Elk Surveyor-GeneTal Shanklin was called upon
and addressed the meeting. He said that what was
said at the meeting few nights ago proved that all
deeply interested in the question Of irrigation
The greatest good to the greatest number was
principle that ought to prevail and that all men
should be equal before the law, another princi
Pile upon which this question should be settled One
OF the great questions to be decided was whether
vested rights had been acquired II these appro
priations had been acquired IN spite of law then
there is vested rights, and 1t does not take
Court long to determine that fact. The people liv
ing in the southern part of the State knowing what
the wants Of the Slate were, had law passed as
early as 1854, and nine-tenths of the lawyers OF
the State to-day do not know that
there is any such law on the statute book.
1t was passed upon the principle that all the
bitches and the OF the water shall be public
property and that the water shall be distributed &C.
cordng TO the wants Of the people. That principle
had been epgrafted upon sixteen counties in this
State How could general law interfere with these
special laws! He was one of those who went into
the mines and remained there for many years The
rule among the miners was to 60 and take all the
water they wanted upon the principe that the first
come should be first served. He and other miners
as the value Of the mines decreased went down into
the southern portions Of the State and took up
water as they had done in the mountains not know
ing anything about the existing laws applicable to
the valleys He held that they Yioators OF the
law, and acquired no rights by such appropriations
He favored adopting the principle OF the Constitu
ton that the of all waters should be public use
and that the waters shall be distributed to the peo
pie in proportion to their wants. He considered
the special laws referred to the proper basis for
general law.
State engineer Hall next addressed the commit.
tee holding that tits about to become the most
important question before the people Of the State
1t was not local question, but of great State
importance. In Fresno, Tulare and KEN counties
appropriations of water had been made, but there
were on record only claims that do not designate
what the claim actually is There were three classes
of conflicts already that ought to be settled. The
main one was the conflict between the riparian pro-
pretors and the would-be lrrigators. He held that
if riparian rights were done away with at stroke
without any her legislation, the result would be
a water monopoly, whli n would be worse than any
other monopoly from which the people could suffer-
He cited the system in France where the rights OF the
riparian owner are protected while the lands are
irrigated. While the works were rot built or owned
by the Government, still it was all done under the
| direction OF the Government. Irrigation be
carried in this State without totally overthrOwiug
the riparian right thou n it would be slower pro-
| cess and would restrict the riparian right very
materially. According to his idea the solution of
the irrigation problem would have to be gradual.
The first step to be taken in the solution of this
questoB-setting aside the riparian rights difficulty
is to determine and make OF record the extent of
| the several appropriations To this end he would
| propose that each appropriation of water shall be
required to ile seniannually, with the Recorder Ct
the county in which the diversion is made for the
appropriation, statement, under oath, according
to prefXed standard Of measure, Of the amount of
water that he has diverted each month. This could
| be done by this Legislature and would put an end
to much litigation. The next step would be to pto
vide for the organization OF districts of irrgators
water claimants in such way as to do away with
the conflicts that arise in the distribution of water.
Great care, however, must be used in the organiza-
ton OF irrigation districts The State might be
divided into photographic districts each of which
might Include several irrigation districts. These
photographic districts could come in conf ct
with each other. These districts should be under
the direction of Board elected by the people OF the
district, who should settle all disputes between
claimants.
A. ]. Griffith, OF Fresno, who had been sent up by
the people of his district, next addressed the COM
mittee. He was pleased with the idea Of the State
Engineer for dividing the State into photographic
districts but it would take some time to do that.
| The people of Southern California did not desire
to deprive any of his rights without just and
! fair remuneration. They did mot desire to anao-
| ze the riparian owners, or snatch from them what
JUS ~ belongs to them but they cannot help enter.
tanrg the opinion that the riparian owners do not
own any more water, under the laws eff this State
and the law OF Congress of 1885, and under the de-
| clSOnS OF IDe SupTSulS COuTI VI IHlS Stlte 0ndu
they have been accustomed to use in their house
| holds and for stock purposes. 1t d grave ques-
ton whether the State ought not to condemn these
| riparian RICH for the rublic use lie drew glow
ing picture of Fresno county under irrigation The
condemnation of private property for public use
was a very common thing, ana he could no rea-
son why that right should not be exercised for the
| benefit OF such importa interests.
Mr.. Lynil, Of Los Angeles, briefly addressed the
| committee He held that this Legislature could do
great deal of good by repeating the last chapter OF
the Civil Code relating to water rights, which pro
vides 3" The rights of riparian owners are not effect
ed by the provisions of this title" This would leave
the law so that all ought to be satisfied, and perpet
uate the doctrine that he who is first in time is first
in right He was opposed to the condemnat on OF
these riparian rights under the right Of eminent
domain.
Mr. shankliu opposed this view Of the ease
stoutly and insisted on the passage of some such
bill as that introduced in the Assembly by Wharton
| and in the Senate by Whitney, which would dc
equal justice to rich and poor alike
| f. j. Clark, of Tulare, followed in favor OF a
broad declaration that the Of the waters Of the
State is public use. He wanted no halfway
Senator Reddy next addressed the committee II
was very easy to get around the question OF riparian
rights. He thought the bill introduced in the As
sembly by Wharton would dispose of that question
He did not think that bill perfect, but it con
tanned the right idea. He did not propose to con
denim all the water OF the riparian owner. he
simply proposed to condemn the surplus, or that
the right to waste. 40 prior appropriations wert
wanted. Let the claims of both be condemned, and
let them both be paid according their merits anC
put them upon the same footing as every other cti
zen. Let tine irrigators manage the districts fol
themselves. Let the State simply pass general laws
lea ing the details to the districts. lie would sub
nit bill to the committee tonight
Judge North, Of Fresno, spoke briefly. He wal
surprised to see the unanimity OF sentiment ex
pressed. He thought that under the Constitution
the solution Of this question easy through wis.,
legislation. he thought the State Engineer had ait
the foundation for legislation under which the right
of all could be protected
| G. A. Heinlen, an attorney OF San Francisco, ap
pesred on behalf OF riparian owners, and informeC
the committee that they could not take away th'
vested rights of the riparian owners. The Courts
had decided that these vested rights could not bI
disturbed. Fifty million dollars would not SWEEP
away these rights.
Mr. Dickson of Fresno, favored condemnation, i
any rights existed, but the State must have somt
tribunal to act its agent. He was agreeably dis
appointed in finding that the legislature appeared
s. willing TO take hold OF this question. No ont
wanted to take away any vested rights. When th'
proper scheme OF irrigation completed 10 Fresno
county all the bullion that was ever taken out O
the Comstock would not compare with the yalui
Of il.
State Engineer Hall again addressed the commit
tee briefly and ex-Attorney General Hart was caet
upon He said that for 100 years in the United
States the old cornmon law doctrine as to the right
of riparian owners has prevailed Thai
had been well settled, and had never been ques
toned until lately in the southern part OF th
~ ,,,,,a alocuantIv in tayor of the right