Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-05-22

petual injunction against the people who
depended on irrigation, and contempt
for the four members of the Court.
The Chair ruled that the resolutions were
not up for discussion, and re-reterred the
resolutions to the committee.
CAMERON DIFFERS.
J. 2. Cameron, of this city, called the at
tentlon OF the Convention TO the fact that
the late decision was the law of the land
until 1t was changed.
Mr.. Mulholland, of Inyo said that the
whole ground of Judge NOrth's resolutions
was covered by the resolution of the COM
mittce.
n NJ, Orr. of Stockton. arose to a point
OF order, and said there was no question
before the house. The Chair ruled that the
speaker was correct, but ]. Z. Irish, of
Mono, moved that the motion resubmitting
the question be reconsidered, and that the
latter part OF the committees report be
segregated from the other.
On motion of c. G.. Bush the matter was
resubmitted TO the Committee on Resolu
tons
JUDGE NoRTH's RESOLUTIONS.
Following are Judge North's resolutions:
Resolrcd, That ours is Government of the
| people, by the people and for the people, and
not Government by English law.
ReSotued, That if custom is 10 be takenas law
in this State, it should be the custom of our own
country and not of a foreign country 1t should
| be the custom of an enlightened age, and not of
an age of barbarism
| Resoiued, That while other States have adopted
the English common law as a part of the laws of
their States, California only adopted it as rule
| OF decisions in Courts that while our own Con-
Stllutlon and statutes apply to the whole people.
! defining their rights and duties, the English |
| common law is only binding on the Judge-and |
on him only while he is on the bench.
| its0fred, That since our code furnishes the |
which
| relates, and since the code does relate to APP |
| preparation OF water from streams for useful
purposes, 1t IS the duty of our Judges TO look TO
the code for law on that subject, and not to the |
| common law of England.
| Rtsolred, That when our Courts interpret the
| chapter OF the code on water rights by making |
| section li22 annul the twelve preceding sec !
| tons, they violate the maxim given in the code |
that an Interpretation that gives effect is pre-
| ferred to one that may be void; they also VIC |
| late the maxim that an Interpretation should |
be reasonable" AS it is not reasonable that the |
| people would solemnly express their will in IA
Vor OF the appropriation OF water in twelveclea |
| and positive sections and then ada section for |
| the purpose of annullng them.
| ReSO'ued, That since the Constitution of our |
| State authorizes the appropriation of water and !
| the common law of England forbids it, there |
| fore the common law of riparian rights is re- |
pugnant to and inconsistent with-the Constitu-
ton of the State, and therefore has no force in |
| this State.
Resolred, That the statute of this State adopt
| ing the common law as a " rule of decision in |
| Courts in no sense adopts it as the law of the
| State on subjects legislated upon through the |
Legislature, by the people.
THE cREDENTIAL COMMITTEE. !
| L. NJ. Holt, of Riverside, Chairman of |
the Committee on Credentials, reported the |
| list of names of those entitled to seats in
the Convention. The-report was adopted.
| J. p. Irish, of the Committee on Resolu-
tons, reported in favor OF the adoption of
| the resolutions of the committee read YES
terday afternoon, asking that that portion
referring to the miners be adopted sepa-
rately. The committee recommended that
| the resolutions of Judge North and Mr..
| Kline be not passed. That portion of the
hearing the case was adopted, but, on the
motion of Judge II. G. Dibble, a motion to
reconsider the question was carried.
| J. L. Cameron opened the discussion on
the subject. He said the resolutions were
out of order, and that he did not believe in
trying to bulldoze the Supreme Court by
suggesting its course.
that report concerning the Supreme Court
| stand here, sir, to guard that Court as
much as you [Appiause.l
CAMERON pAMpENED.
member suggested that Mr.. Cameron
| did not know what he was talking about,
ami that he might gain the proper informa-
! ton OF the resolutions by reading them
This was greeted by loud applause and the
| resolutions were again read
! Mr.. Cameron persisted that the adoption
of the resolution was wrong, because the
! Supreme Court was body that was politi-
cal in its nature, therefore they were liable
! to be affected by that kind of pressure. The
| speaker was called to order by member
who said the Convention was not consider
ing politics.
The Chair-While / am here in the
| oh, No !
when they do the Convention must choose
another Chairman. loud applause
| Mr.. Cameron attempted to continue his
remarks but was cried down by the Con-
yention.
| J. i. Wharton criticised Mr.. Cameron for
| his remarks about the Supreme Court, and |
said that he for one was willing to give to .
| the Court all the respect it was entitled to. /
4 LAWYERS VIEW.
| EX-CongTesSman F. ID. Wigginton said he !
saw nothing in the resolutions that reflected /
on the Court and closed With the remark |
that Mr.. Dameron's statements were the |
| only sentiments that cast discredit upon /
that judicial body.
George A. Knight, of this city, followed |
| in the same strain.
Judge H. C. Dibble could see no impro- |
priety whatever in the Convention address |
ing respectful petition to the Court ask |
ing for the reconsideration of a subject of |
so vital Importance to the people OF Cali /
fornia. The Court was not SO high that the |
people might not go to it, and it was their |
duty to listen to such petition and permit |
the free discussion Of the subject by those
on each side.
/ J. p. Irish, of the Committee on Resolu- |
tons, in explanation, said that they were |
only asking the Court to pass upon the |
question no matter what might be the re- |
suit. If it was against the irrgationists, |
resort would be had to the higher power |
behind the judiciary-the people and the !
ballot, by which the fundamental law OF |
| the land should be changed to suit the /
| needs of the State.
J. Z. Cameron tried to make remarks in |
explanation of his previous remarks, but |
was unanimously squelched by the Conven-
| ton.
| The question on the adoption of the re-
! port of the Committee on Resolutions was
| put and carried by reclamation amid |
| cheers.
The Convention then adjourned till two