Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-05-24
THE IRRIGATIONISTS.
CONCLUDING PROCEEDINGS OF
THE CONVENTION.
Proposed Constitutional Amend.
ments-Speeches Against
Riparian Rights.
rs. F. Call. Nav 23d.l

lows.
We respectfully submit the accompanying
measures, which are proposed for adoption by
| the Legislature, and as pledge TO be required
OF candidates, as hereinafter set forth.
Flrst-These measures consist, first, in a pro
posed constitutional amendment to fix and de
terln1ne the nature of water rights.
Seeond-A proposed constitutional amend
ment to regulate the use of water appropriated
| for irrigation.
Third-A proposed Act Of the Legislature con
corning the right 10 acquire the use OF water by
appropriation.
Fourth-The repeal of Section l422 of the Civil
Code.
These proposed measures were proposed by
! the State Executive Committee aftercareful con
slderat0n and after taking the best advice in the
| state, we believe that these measures are abso-
| lutely necessary to secure a permanent irriga-
ton policy we therefore propose the following
resolutions
Res0lUed That the accompanying bills and
amendments be adopted as expressing in part
the legislative policy of this Convention.
Resotted That the friends of irrigation should
exact full and unqualified Endorsement OF
! these measures from all candidates who can pro
mote or affect the interests of irrigation.
ReSotrcd That We ask the irrigation clubs to
! remain organized and continue organizing from
now until irrigation shall become the perma-
nent law and practice of the State and that the
members of such clubs and all in alliance with
us do so use their votes as to promote the politi'
/ cal success OF our candidates only as accepting
| these measures without amendment.
L ne COISlliutiOUdl amendments ltltlitb
| to in Mr.. Green's report are as follows:
| An Act to amend the Constitution of the State
! Of California The Legislature of the state OF
! California, at its session commencing the - day
! of - 1855, two-thirds of all the members
| elee ed to each of the two Houses OF the said
Legislature voting in favor thereof, hereby pro
| poses that Article XIV. OF the Constitution OF
! the state of California be amended by adding
/ the following new sections at the end thereof:
section 5. The water of every natural stream
not heretofore appropriated within the State OF
California is hereby declared TO be the property
of the people of the State, subject to appropria-
| ton as hereinafter provided
Section 4. The right to divert unapproprlGted
! waters of any natural stream to beneficial uses
! shall never be denied. Prior appropriation to
/ any such use, whether heretofore or hereafter
| made shall give the better right, and the righi
| of appropriation shall be ever exercised under
/ such regulations as the Legislature has hereto
! fore prescribed, may hereafter prescribe, and
! the English common law of riparian rights sc
far as it conflicts with this or the preceding see
| ton, shall not be recognized as rule of de
! csiOn rule of property in any of the countie:
| OF this State
No. is proposed constitutional amend.
| ment:
! Section /. The use of all water now appropri-
| ated or that may hereafter be appropriated fol
irrigation, sale rental or distribution is hereby
! declared to be public use and subject 10 the
regulation aud control of the State in manner
/ to be prescribed by law, provided that the rates
/ OF compensation 10 be cOlleCtcu by any person,
! company, corporation or irrigation district in
! this State for the use of water supplied to any
| city and county, or city, town or irrigation dis
! trict. or the inhabitants thereof. shall be fixed
| every three years by the Supervisors, or city
and county, or city and town Council, or other
governing body o. such city and county, or city
! or town, or irrigation district, and shall con
tinue in force for three years and until the rates
| aic established but i'll establishing such rates
| they shall take into consideration the cost oil
| construction and maintenance of the works by
/ which the water is supplied, and the rates ST
! established snail be such as Will yield 10 the
! person, company or corporation so supplying
! water net return Of az least per cent. per an
mum upon the amount invested il the construc
! ton and maintenance of such works. Such
rates shall be fixed in the month of February
and take effect on the first day of July there
after. Any Board or body failing 10 fix the
! water rates when necessary within such time
shall be subject to peremptory process to compel
action at the suit of any patty interested, and
shall be liabe 10 such further process and pen.
alties as the Legislature may prescribe. ANY
! person, company or corporation collecting water
rates otherwise than as so established shall for
felt the franchise of such person, company OF
corporation to the city and county or city OF
irrigation district from which the same are col
lected, for the public use.
The Legislative Act recites and enforces
the principles expressed in Sections 3 and
4 of the preceding amendments, and re-
peals Section 1922 of the Civil Code.
The Committee on Resolutions reported
back the following resolutions. introduced
! by l.. NJ Holt, which were unanimously
adopted
WHEREAS, The future prosperity of the State
OF California depends upon the final issue OF the
great struggle going on between the irrigation
lists OF the State and those vino adhere to the old
fogy idea that the common law of England
should be applied to sustain the impracticable
idea OF riparian rights under circumstances de-
structive OF the public welfare; and whereas,
the prOSpprifV of the State SippipS IN
the wage-workers and laboring men of the State,
giving employment and providing labor for all,
without which prosperity the laboring men
would be among the greatest sufferers and
whereas the Council of Federated Trades OF
the city of san Francisco, ever watchful of the
interests of the laboring men of the State. were
prompt to see clearly the situation in which the
farmers, laboring men and business interests of
the State were TO be jeopardized by the failure
OF the present move TO secure for irrigation pur-
poses the public waters of the State, and were
equally prompt to lend a helping hand by in
dorsing the work of this State Anti-Riparian
Irrigation state Convention; therefore, be it
ResULUed That the thanks OF this Convention
and those of the irrigationists of the State are
hereby rendered and heartily given to the Coun-
ell OF Federated Trades, as representatives OF
wageworkers and laboring men of the State, for
their hearty action in stepping to the front to
assist in saving the State from impending ruin.
ReSOlued That We cordially invite the labor
ing men of the State to stand by this movement
solidly, to the end that the wheels of progress
]
continue to grow in prosperity in the future
more vigorously even than in the past.
Robert Gardner, of Alameda, offered the
following, which was referred to the Com
mittee on Resolutions
WHEREAS, One-quarter of the people of this
State constituting the counties embraced i'll the
southern portion thereof, are absolutely de
pendent for their existence on the proper dis
tribution of water for irrigation purposes, and
the question of irrigation being the greatest
economic question before the people of this
State to-day, not excepting the land and labor
question, for without the of water for irriga-
ton nine-tenths of the agricultural land in that
section must lapse into barrennesS, and wide
areas of prolific soil must remain sterile, and
there would be no use for the land or for the Ia
borers necessary TO cultivate it therefore, be il
ResOlyed, That representatives from all the
| labor organizations and federated trades in San
| Francisco be invited by the President of this
Convention to seats upon this floor that they
may more fully understand the great question
OF irrigation that is now under discussion, and
in which they have such vital interest.
B. Marks, of San Francisco, introduced
the following, which was also referred;
Rcsolroi, That this Convention earnestly re-
quests the Chamber of Commerce and Board OF
Trade and Produce Exchange of San Francisco
to express to the next Legislature, by resolution
or otherwise, their sentiments on the irrigation
problem.
The following resolution, reported by
| Charles Mulholland of the Committee on
Resolutions, was unanimously adopted:
| Res0ired That past experience having given
| us null confidence in the Executive Committee
| therefore, by this Convention, full plenary
| power is conferred upon that committee to do ali
and every act that may by them be deemed
necessary to advance the interests of irrigation
and to that end to alter, amend, add to or take
| from the measures adopted by this Convention
| and with full power and authority to conduct
the future campaign against riparianism.
Judge North made an address, character.
izing common law as generally common
nonsense, and saying that the best law was
that of common sense. He thought there
was no logic in the doctrine of riparian
rights, and propheSied that within two
years it would not be recognized as law in
this State.
The Committee on Resolutions reported
a declaration of thanks TO the press and 9
recognition of Water and Land as the
official organ of the irrigationists. The
resolutions were adopted.
A recess was taken until the afternoon
when Will S. Green, of the Committee OF
Resolutions, reported favorably on the
resolutions offered by Messrs. Gardner and
Marks in the morning. They were adopted
The committee reported that it bad under
consideration preamble and resolutions
offered by Mr.. Kelsey, concerning a State
system of irrigation, and recommended