Los Angeles daily herald., 1886-07-23

soil Of California was public land Of the
United States. but Congress expressly sane
toned the custom Of appropriation and III
version Of water expressly authorized II
upon the public domain. The practice Of
irrigation was thus allowed 10 become gen
eral and marked the progress Of the agricul
tural development Of the State. The lsrgel
part of the great valley OF California and
most Of the southern portion Of the State
were in q desert condition, owing to the
aridity Of climate and soil. Irrigation hai
transformed large areas Of this splendid
domain into luxuriant fields. vineyards
aud 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
ed 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. Tn,
majority ofthe Judges of the Supreme Cour
have announced that any riparian proprie
tor may obtain an injunction against an,
person not riparian proprietor. to prohibi
him from sppropriating. diverting or usinl
water from the stream above his land. I'm
der this ruling the bitches and canals which
are the arteries of the agricultural life o
the State may be closed by writs from the
courts. and that. too. upon ex parte applica
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 peo
pie may resist to prevent the desolation o.
their mes, farms. vineyards and orchards
But If they should Motif they should peace
able submit, still the injury to the STATE
would be Unreasonable. To suspend irri
CATION for Que 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. Manifestly that course
is demanded In California. In view Of these
considerations, and particularly of the ruin
and disaster which seem likely to flow from
the enforcement of the doctrine recently an
nounced by the Supreme Court as to
water rights, 1t 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 IL
the reorganization of the Supreme Court.
The existing system has not given satisfac-
ton and the evils are growing worse. 1t is
cumbersome to a degree. The business Is
in arrears notwithstanding the creation Of
a Commission to assist the Judges The
plan OF dividing the Court into Depart
ments has not worked well. 1t leads to the
necessity OF hearing cases twice over.
lltigant defeated before a 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 ought
not to require. But the compensation now
provided cannot be increased during the
of the present Judges. an my
Judgment the Court should be recognized.
The system of departments should be abol- |
ished. Court constituted of q compact |
body OF Judges will 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
of the State, do hereby convene
he Legislature to meet and assemble at the
state Capitol on the 10th day of July. 1886,
1t 70 O'Clock N. of that day. and I do hereby
'pecify the following subjects upon which
L Is assembled to legislste:
First-To propose and submit to the peo-
BE of the State an amendment or amend
..., x,,, ., c.,...,.
60. n. =, -,
,eople of the State such amendment or
to the Constitution of
10 o,.,. 10 ,ooo...r
d secure to the people the right Of appro.
riation diversion and use. of flowing water
mr. IRRIGATION or other benefoial pmposes