Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1886-07-20

version Of water expressly authorised 1t
upon the public domain. The practice Of
irrigation was thus allowed to become gen.
eral and marked the progress OF the sgricul-
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 desert condition, owing to the
aridity Of climate and soil. Irrigation has
transformed large areas OF this splendid
domain into lururiant 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 achiev-
cd 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. The
majority oftbe Judges Of the Supreme Court
have announced that any riparian proprie-
tor may obtain an injunction against any
person not a riparian proprietor. to prohibit
him from appropriatiug, divertins or using
water from the stream above his land. IN
der this ruling the ditohes and canals which
are the arteries Of the agricultural life OF
the State may be closed by writs from the
courts, and that too. upon ex parte appfica-
ton, without notice or warning or opportu-
nifty OF being heard until after irretrievable
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 desolation Of
their ,mes. farms, vineyards and orchards.
But II they should not-ifthey should peace.
able submit. still the injury to the State
would be immeasurable. To suspend irri-
CATION for one season would destroy thou.
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. Msnifestly that course
Ia demanded In California. In view Of these
considerations. and particularly Of the ruin
and disaster which seem likely to iow from
the enforcement OF the doctrine recently an
nounced by the Supreme Court as TO
water rights, II seems to me imperative
that the executive and the legislature
should take immediate action to confirm to
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 Is
the reorganization of the Supreme Court.
The existing system has not given satisfac-
ton and the evils are growing worse. 1t is
cumbersome to degree. The business is
in arrears Notwithstanding the creation OF
Commission to assist the Judges. The
plan of dividing the Court into Depart
ments has not worked well. II leads TO the
necessity OF hearing cases twice over. A
litigant defeated before minority of the
Court appeals to the Judges in bank, and
the,whole work must be gone over. The
system is perplexing and unsatisfactory to
everybody. And, furthermore, the salaries
paid to the Judges of the Supreme Court are
too small. Lawyers eminent in their pro-
fession cannot accept the places without
making a sacrifice, which the State ough,
not to require. But the compensation now
provided cannot be increased during the
incumbency Of the present Judges. N my
Judgment the Court should be recognized.
The system OF departments should be abol.
ished. Court constituted Of compac,
body OF Judges viii accomplish more.
Their pay should be Increased SO as to Sc
cure the best talent in the State.
Now, therefore. /, George stoneman. Gov.
ernor Of the State OF California, deeming
that an extraordinary occasion has arisen,
| by virtue OF the power in me vested by the
constitution Of the State. do hereby convene
the Legislature to meet and assemble at the
State Capitol on the goth day of July, 1889,
at 70 O'Clock n. OF that day, and do hereby
specify the following subjects upon which
II 10 assembled to legislate,
First-To propose and submit to the pee.
pie of the State an amendment or amend.
ments to Article XIV. of the Constitution Of
the State relative 10 water and water rights.
second-To propose and submit to the
people OF the State such amendment or
amendments to the Constitution OF
the State as may be necessary or proper
to secure TO the people the right OF appro.
priation. diversion and use, OF flowing water
for irrigation or other beneficial purposes,
and as may be necessary or proper to pro.
tect all such rights In the Courts of the
State.
Third. To enact all laws necessary or
proper to protect the people of the State in
the full and free enjoyment OF the right to
appropriate, divert and use Rowing water in
the State for irrigation or other beneficial
purposes, and so as 10 fully protect all such
rights In the courts
Fourth. To repeal Section l422 Of the Ciyil
eode.
Filth. To propose and submit 10 the PEG
pie OF the state an amendment or amend.
ments TO article vi Of the Constitution of
the State relative TO the judicial Depart
ment, so far az 1t relates to the Supreme
Court.
sixth. To enact law to provide for sub
hitting the Constitutional Amendments
proposed TO avose OF the people.
seventh. To provide by appropriation
for the expenses Of holding an election 10,