Los Angeles daily herald., 1886-07-21

We never did think much of to q,
and now we are equally disguised
with to3.
THE action OF Governor Stoneman
in calling an extra session Of the
Legislature Is the topic OF the day.
People who do their own thinking,
and who have been close observers OF
events, have formed conclusions
favorable to the action OF the Gov
ernor. They see clearly that the
recent decision Of the Supreme Court
sustaining the riparian doctrine had
Precipitated a crisis upon the State
which could only be met by an ex-
traordinary session OF the represent
atives Of the people. But the Gov
ernor, with commendable foresight
and craftsmanship, was careful not
to make this important move until he
had received assurances from two
thirds OF the members Of both Houses
that they we're willing to vote favor
ably upon the several points set
forth in the proclamation. 1t would
have been unwise to have put the
State to the expense Of an extra ses-
sion II the members were opposed to
the legislation required. The weak
point was the Senate. That body at
the last session voted against the
measure presented by the Executive
Committee OF the Fresno Convention
and yet large majority of the
Senators declared themselves to be
In favor Of irrigation laws on prin-
eiple. But the series OF bills before
them were objected to for various rea-
sons, the dominating one being that
she rights Of irrigators themselves
were not sufficiently protected in these
bills from the monopoly Of ditch-own-
ers. 1t was feared that, under these
measures, the canal proprietors would
be enabled to exercise the power Of
ownership over water, and thus re-
duee the small farmers to depend
snt condition. They therefore de-
mandad that the fact of appropriation
should not carry with it the owner
ship Of the water Of the streams, but
that solemn declaration should be
sngrafted upon the laws of the State
recognizing the fundamental principle
that the water Of the State belonged
TO the people Of the State, and could
only be subjected to a public use for
the benefit of the people. The State
would thus be always in position to
rectify any serious evil that might
arise. But it was apparent that the
water question was too large ques-
tion to be properly dealt with in a
regular session in which every mem
Der had other subjects which he
wished legislated upon. And this
brings us down to the fact that the
Governor acted with wisdom in
calling special session to be devoted
to this one great subject. II the mem :
bers will devote themselves with a
ninglencss OF purpose to the object for
which they are convened, they will
solve the great problem placed before
them in wise and patriotic manner,
and start the State out on new era
of prosperity. 1t is understood that
sflirty-one Senators have pledged
themselves to vote in favor Of legisla-
ton covering the seven subjects de-
signated in the proclamation. II that
is the case, the session will be short
and successful one.
The recent riparian decision OF the
Supreme Court threatens the destruc-
ton OF hundreds Of millions Of prop
erty, and this danger has come home
to 80 many people that the frs: step
TO carry the decision to its logical en-
forcement would have been the signal
for conflict between the people and
the authorities that might have led to
serious and bloody consequences.
The successful enforcement at this
time OF an injunction for few weeks
only upon the appropriations OF the
Santa Ana or San Gabriel rivers alone,
would have resulted in ruin to all the
vineyards and orchards depending
upon the waters OF those streams for
irrigation. This and the next two
months constitute the crucial period
of.the year TO irrigators, and therefors
the very first bill passed by the extra
session ought to be one to stay al
proceedings under the recent riparian
decision. This done, the Legislator,
can take up the questions Of waite
rights and water distribution. Thu
sovereignty of the State over thu
waters OF the State should be sacredl,
preserved. Noprivate ownership cal
be tolerated. With this reservation
whatever legislation experience may
prove to be noxious can be remedied
II ownership in water can b.
maintained vested rights will
follow, and whoever can success
fully assert proprietorship in THU
element will be enabled TO return al
irrigators depending upon it to tn,
condition of serfs. This would b,
fraught with even worse conse
quences than any that could ensu
from the riparian doctrine; for tina
doctrine would distribute the waite
rights amongst many, whilst the othe
would confine 1t to great wealthy INC
nopolies that would grind ever
small farmer under their giant heels
We take it that the principle OF resery
ing the States control over tn
waters OF the State will prevail. TIL
question OF distribution will then b
the only serious problem to de-
with. A general law providing IL