Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-17
PROCLAMATION.
Proclamation!
STA-E OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO, July 16, 1856.
To the Senate and Assembly of Ia
State of California

- occasion mas arisen winch renders IL eApe-
dent and necessary for the public welfare that
the Legislature should be called together.
The Supreme Court of the State, in recent
decision, announced that the riparian owners
along the innavigable streams in California
owned the flowing waters 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 rule of law by the highest Court
in the Commonwealth.
Under the sanction of the laws and customs
which prevailed in California wDen 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-
tenn of irrigation has grown up since the
were deemed public property, and were con-
sidered as dedicated to the use of the
people. The right to appropriate water for
lTTiBdllOu was TeSulhleua Dy CustOnl ny
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 arid ity
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,
and the future possibilities of southern Cali
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-
pretor may obtain an injunction against any
person not riparian proprietor, to prohibit him
from appropriating, diverting or using water
from the stream above his land. Under this rul-
ing the bitches and canals, which are the arter-
les of the agricultural life of the State, may be
closed by writs from the Courts and, too,
upon CT 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 deselation 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 he i'm
measurable. To suspend irrigation for one sea-
son would destroy thousands 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 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. II is
cumbersome to degree. The business is in
arrears, notwithstanding the creation of com
mission to assist the Judges. The plan of divid-
ing the Court into departments has not worked
well. 1t leads to the necessity OF hearing cases
twice over. A litigant defeated before a minor
ity 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
recognized. The system of departments should
be abolished. A Court constituted of 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-
traordinary 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