Los Angeles daily herald., 1886-07-29
THE LEGISLATURES,

met AZ IL etock, AreshueHt DhBBctt III
the chair. Mcclure presented memo.
rial of the San Francisco Bar Associa-
tion, advising the Legislature not to at
tempt the organization of the Supreme
Court. Referred to the Committee on
Irrigation.
Reddy introduced q resolution to
amend Article IA Of the Constitution SC
as to confer on the Legislature the pow.
er to acquire water rights for irrigation
and beneficial uses; also power to es.
tablish irrigation districts and provide
for the distribution of water. A bill
making an appropriation for the ex-
psnses Of the extra session was passed
to the third reading. Mcclure gave no
tice of joint caucus TO be held in the
Supreme Court room at 2:30 this after.
noon. Adjourned.
ASSEMBLY,.
TIE Assembly convened at 10 A. M,
Speaker Parks presiding.
Mr.. Heath, Chairman of the Commit
tee on Constitutional Amendments, re-
ported back the Davis bill for reorganiz.
ing the supreme Court with the recon-
mendatisn that it do not pass.
Mr., Yule Of Trinity moved that the
bill bc recommitted to the committee
with instructions to report the bill favor
ably and in accordance with the recon-
mendation OF the Governor in his procla-
nation.
McGlashan, Weaver, Goucher and
Woodward opposed the motion. Lowell
Of San Francisco supported the motion.
Jones of Sacramento moved as substi-
tute that portion of the Governors
proclamation referring to the reorgani-
xation Of the Supreme Court. The sub
stitute was lost aud Yule's motion was
adopted by the following vote: Ayes
Banbury, Barnes, Buhlert, Carter of
Contra. Carter of Solano, Clark, Colby,
Coleman, Cook, Corcoran, Culver,
Daley, Davis, De veney, De-
witt. Douglas. Edwards, Frank
lin, French, Gregory, Haywood,
Kalben, Lowell, McJunken, Mclean,
Mears, Morris, Pellet, Parker, Pyle.
Reeves. Swaine, TORY, Van Voorhees,,
Ward of Butte, Ward of San Francisco.
Yule--37.
Noes-Allen, Almy. Beck, Britt, Dool-
ing. Ellison. Fireoaugh, Goucher, Henry,
Henley, Hollister, Hunt, johnson,
Jones, Laughlin. Land, May, Mcdonald.
McGlashsn, McMurray. Mofiitt, Mum
day. Patterson, Walrath, Wilson of Ell
Dorado, Weaver, Whitcomb, Woodward,
Parks-30,
Mr.. Edwards. of Los Angeles, OBJ.
tanned permission to withdraw his con-
stitutional amendment to redistrict the
State with regard to irrigation, and in
troducsd substitute to confirm the con-
stitutional provision, but without max
ing any material changes.
Mr.. Firebaugh urged the passage of
his concurrent resolution requesting
Senators and Representives to urge
an amendment to the United States
statute relating to the sale Of public
lands so that hereafter unnavigable
streams and lakes therein will not be
conveyed with the land, and to obtain If
possible the dedication to this State OF
such lakes and streams. After some
discussion. Mr.. Firebaugh moved that
further consideration of the resolution
be made the special order for Friday at
ii A. NJ. Carried by vote of % to 81 /.
Adjourned.
THE IRRIGATION COMMITTEE.
The senate Irrigation Committee met
at $3.50 P. M.s Taylor, of Shasta, presid-
ing.
Del Vale stated that he had prepared
a substitute section to the bill intro
duced by himself, striking out The
clause providing for prior appropriation,
the provisions OF the proposed Reddy
amendment. The substitute is as fol-
lows; "The waters Of all natural
streams within the State are
hereby declared to be the property
Of the public and dedicated to the use OF
the people OF the State. Such water
may be diverted and used for irrigation
or other beneficial purposes under regu.
lations prescribed by law, provided that
innavigable streams under the control of
the United States shall not be impaiaed,
and, provided that the rights now ac-
quired TO appropriate, divert and use
water shall not be impaired so long as
such water is applied to the purposes
for which the same has been appropri.
ated.
On motion of Cross it was resolved TO
report back the original bill with o re
quest that a new bill should be substi.
tuted.
Whitney's bill distinguishing between
the waters relative to public and
private ownership, whether such waters
were wholly included in private property
or not, next came up for discussion.
Reddy was tho first speaker. He
said we ought to make the same law
which will provide for the condemna.
tion OF the right OF riparian owner
and the condemnation, if it be required,
Of the right of an appropriation, and
having bought and paid for it the State
ought to be then in position o. applying
II to its use, and until it does IL has no
right to apply It to Its own use.
SAKE said that all the Legislature
should attempt to legislNte upon was
the surplus water.
Whitney did not know there was any
surplus water, but there was demand
ON the part of the people that the State
shonld appropriate water for public use.
Spencer maintained that riparian
owners had certain vested rights and the
committee should prepare some bill pro-
viding that waters belonging to ripa.
rian proprietor or appropriation may b.
condemned for agricultural, mechanica
or other uses. He thought
that II some general bill c.uld be
drawn permitting irrigators to
take tho surplus water, indemnifying
the riparianists for any damages that are
shown to be- done, the Extra Session
would be doing very well. He under.
stood that there was surplns water and
that the riparianists did not object to
appropriation. Why, then, should not
general compromise measure DO drawn