Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-19
PROCLAMATION.
Proclamation!
STATE OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO, July is, 1856. J

STATE OF CALIFORNIA,
EXECUTIVE DEPARTsiENT,
SACRAMENTO, July 16, 1856.
To the Senate and Assembly Of the
State of California:
IN MY JUDGMENT AN EXTRAORDINARY
l. occasion has arisen which renders it expe-
dent and necessary for the public welfare that
the Legislature should be called together.
The Supreme Court of the State, in a recent
decision, announced that the riparian owners
along the innavigable streams in California
owned the flowing waters In such streams, and
are entitled to the exclusive right to use the
same. The widespread disaster which this de-
cision threatens to the agricultural interests,
and the consequent general excitement and ap-
prehension, make it proper that the Legislative
and Executive branches of the Government
should take prompt and efficient action to pre-
vent the injurious consequences which will
otherwise inevitably flow from the establish
ment of such a rule of law by the highest Court
in the Commonwealth.
Under the sanction of the laws and customs
which prevailed in California when it was ac-
quired from Mexico; under the protective
policy of the National and State Governments,
and in harmony with the climatic and physical
characteristics of the country, a splendid sys-
TEN of irrigation has grown up since the
American occupation. The flowing waters
were deemed public property, and were con-
sidered as dedicated to the use of the
people. The right to appropriate water for
irrigation was regulated by custom and by
statute law. Most OF the soil of California vas
public land of the United States. But Congress
expressly sanctioned the custom of appropri
alton and diversion of water, and expressly
authorized it upon the public domain. The
practice of irrigation was thus allowed to be-
come general, and marked the progress of the
agricultural development of the State. The
larger part Of the great valley of California,
and most of the southern portion of the State
were in a desert condition, owing to the ariiity
of climate and soil. Irrigation has 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
industrious population has been invited from
abroad to develop the resources of the State.
The agricultural prosperity already achieved,
fornia 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 of the Judges of the Supreme
Court have announced that any riparian pro-
prietor may obtain an injunction against any
person not a riparian proprietor, to prohibit him
from appropriating, diyerting using water
from the stream above his land. Under this rul-
ing the bitches and canals, which are the AFTER
les of the agricultural life of the State, may be
closed by writs from the Courts and, too,
upon er pdrte application without notice or
warning or opportunity of being heard until
after irretrievable damage has been done.
Many such suits are now pending. Writs of in
junction have been asked for and in some cases
obtained, but have not been obeyed Should
an attempt be made to enforce them and others
which are likely to issue, as is apprehended,
serious trouble may ensue, because the people
may resist TO prevent the desolation of their
homes, farms, vineyards and orchards But if
they should not, if they should peaceably sub
nit, still the injury to the State would se i'm
measurable. To suspend irrigation for one sea-
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 condition |
in this regard. Manifestly that course is de- |
manded in California.
In view of these considerations, and particu- !
larry of the ruin and disaster which seem likely !
to flow from the enforcement OF the doctrine |
recently announced by the Supreme Court as TO |
water rights, it seems to me imperative that the
Executive and the Legislature should take i'm |
mediate action to confirm to the people the |
right to a 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 salts |
faction, and the evils are growing worse. 1t is |
cumbersome to a degree. The business is in |
arrears notwithstanding the creation Of a com |
mission to assist the Judges. The plan of diyid |
ing the Court into departments has not worked |
well. 1t leads to the necessity Of hearing cases |
twice over A litigant defeated before minor |
fty 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 profession
cannot accept the places without making sac
rifce which the State ought not to require. But !
the compensation now provided cannot be in
creased during the incumbency Of the present /
Judges. In my judgment the Court should be
The system of departments should |
be abolished. A Court constituted of q compact
body of Judges will accomplish more. Their
pay should be increased so as to secure the best
talent in the State.
Now, therefore, l, George Stoneman, Governor
of the State of California, deeming that an ex-
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