Los Angeles daily herald., 1886-07-22
Governors Proclamation.


BAcRAnENTo, July 10. 1856. }
To the Senate and Assembly Of the State Of
California:
In my Judgement an extraordinary
occasion has arisen which renders It expe
dent and necessary for the public welfare
that the Legislature should be called to-
gether. The Supreme Court Of the State in
recent decision announced that the RI
psrian owners along the innavisabis
streams In california owned the flowing
waters in such streams and are entitled TO
the exclusive right to use the same. The
wide spread disaster which this decision
threatens to the agricultural interests. and
the consequent general -excitement and sp-
prehension make II proper that the issisla
tive and executive branches OF the govern
msnt should take prompt and efficient 40
ton to prevent the injurious consequence
which will otherwise inevitably how from
the establishment of such q rule Of law BY
the highest court In the commonwealth,
under the sanction Of the laws and customs
which prevailed in California, when 1t was
soquired from Mexico, under the prosso.
tive policy Of the National and State Gov
eminent, and in harmony with the climatic
and physical characteristics Of the country.
a splendid system Of irrigation has grown
up since the American occupation. The
flowing waters were deemed public prop.
efty and were considered rs dedicated TO
the use Of the people. The right to apr
pirate wsser for Irrigation was regu lated By
custom and by statute Law. Most Of the
soil Of California was public land Of the
United States. but Congress expressly sanc-
toned the custom Of appropriation and A.
version Of water expreasly authorized Il
upon the public domain. The practice Of
irrigation was thus allowed TO become gen
eral and marked the progress Of the ssricul-
tural development Of the State. The larger
part Of the great valley Of California and
most Of the southern portion Of the State
were in Z desert condition. owing 70 the
aridity Of climate and soil. Irrigation hss
transformed large areas Of this splendid
domain into luxuriAnt fields. vineyards
and orchards; hundreds Of millions Of
taxable property have been created
many Thousands Of happy homes have been
planted; colonies. villages and towns have
sprung up and an intelligent and indus
trious population has been invited from
abroad to develop the resources Of the State.
The agricultural prosperity already schiev.
ed and the future possibilities Of Southern
California and Of the great valley. which
comprises much the larger part Of the arabic
land Of the State have depended and will
depend upon the ability Of the people to use
the waters Of the State for irrigation. This
majority ofthe Judges Of the Supreme Court
have announced that any riparian proprie-
tor may obtain an injunction against any
person not riparian proprietor. to prohibit
him from approprlatins. diverting or using
water from the stream above his land. I'M
der this ruling the ditohes and canals which
are the arteries Of the agricultural life oil
the State may be closed by writs from the
courts. and that. too. upon ex parte spplica-
ton. without notice or warning or opportu-
nifty Of being hoard until after irrstrisvable
damage has been done. Many such suits
are now pending. writs Of injunction have
been asked for, and in some cases obtained,
but have not been obeyed. should an at
tempt be make to enforce them and others
which are likely TO issue. asis apprehended
serious trouble may ensue. because the PEG
pie may resist to prevent the dssoistion O.
their h mes, farms, vineyards and orchards
o-s " shav should notvif they should peace
able submit. still the injury " the ss.s.
would be Unreasonable. To suspend irri
cation for one season would destroy thoh
sands Of homes and millions Of property
Other Western and Pacific States having an
arid climate similar to our own. have con
formed their organic and statute laws to the
necessities and requirements OF their condi
ton In this regard. Manifestly that course
is demanded In California. In view Of these
considerations. and particularly Of the ruin
and disaster which seem likely to now from
the enforcement Of the doctrine recently an
nounced by the Supreme Court ~ 10
water rights, 1t seems to me imperative
that the executive and the Legislature
should take immediate action to confirm 10
the people the right to . free use Of the
flowing waters. which is essential to their
prosperity and to the welfare Of the State.
Another matter Of great public concern 10
the reorganization Of the Supreme Court.
The existing system has not given satisfac-
tIon and the evils are growing worse. tits
cumbersome to degree. The business IL
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