Los Angeles daily herald., 1886-07-21

TO the Senate and Assembly Of the State
Of California.
We, the undersigned citizens, respect
fully memorabilia and petition your hon
orable body to consider and pass the
measures relating TO water and water
rights recommended by the State Irriga-
ton Convention, which met in San Fran
cisco, May 20, 1886. The irrigation
problem is the most vital question of the
hour. Upon it depends the present well
fare and future prosperity Of the people.
The decision Of the Supreme Court. hold
ing that the riparian owners along the
unnavigable streams may enjoin any and
every person who is not riparian pro-
prietor, from appropriating, diverting or
using flowing water for irrigation Ia
deadly blow to the agricultural interests
of the larger part Of California. If this
doctrine is enforced, it will destroy
many millions Of property, desolate
thousands of farms and homes, and go
far toward bankrupting the people of the
State. Attempts to force such injunc-
tions may lead to bloodsbed Free. born
men are not willing to look upon the de-
struction of their homes and see the re-
out resistance. But at any rate, the
mere suspension Of irrigation for single
season would result in wholesale destruc-
ton of property.
Under the laws and customs Of the
State which have been recognized and
enforced in California ever since the
first white settlement in the country,
and which are in harmony with the Gus
toms and laws of all arid and compare
lively rainless countries, similar to this,
the running waters OF unnavigable
streams are public property, dedicated
to public use and subject to appropria-
ton for irrigation and all other
beneficial purposes. The supreme
Court, by its decision, has at
tempted to change this and substitute
the riparian doctrine of rainy England.
If this decision is not set aside, SO far as
it goes to lay down a rule Of law in this
regard, it will desolate the land already
redeemed from the desert, and check
all further development. The injury
to agriculture will impair other interests,
and the value Of other property in cities
and towns as well as in the country.
The people of the State have common
interests.
And your memorialists further petition
your honorable body to amend the Con-
stitution SO as to provide for reorgani-
cation Of the Supreme Court. As now
it is an obstruction to the |
of the State. Your memorial |
lists do not charge or assert that the |
Judges are in any way personally un-
worthy, but the majority of the court |
have announced doctrines in respect of |
water rights which are inconsistent with
the true construction of the statutory |
aud customary laws of California and
destructive of vast interests of the people. |
Your memoralists respectfully petition
and urge immediate and effective action.
A crisis in the affairs Of the State is ut
hand. 1t will not wait. Immediate
action lie absolutely necessary to save the |
farmers who are dependent upon irriga.
lion from ruin, and the destruction OF
agricultural interests would cause ire
srievable and immeasurable injury to the
State at large. The exigency is so great
hat the Constitutional amendments de-
handed by the occasion should be sub
nitted for ratification at a special cleo
ion which should be called for that pur-
pose with the least possible DELAY.