Los Angeles daily herald., 1886-07-31
THOMAS FITCH ON IRRIGATION
Interview with the silver.
Tongued Orator BY a Hera i'd
RepOrter.

Reporter
A HERALD reporter, disappointed in
meeting the expected G. A. K. invasion
at an early hour yesterday morning al
the depot. was somewhat consoled by
an accidental finding OF Hon. Thomas
Fitch. who had just arrived from Taco
ma, on Puget sound. on brief business
visit to Los Angeles. and is looking as
hale, young and active, despite the in
creased number Of silver threads in his
hair, as when the reporter last saw him
nearly ten years ago.
In the course Of general. genial and
reminiscent conversation, the reporter
inquired:
Have you become interested, MIR.
Fitch, in the irrigation controversies
going on in this Slater
Certainly; have real estate proper
ty in Fresno county, the value of which
is dependent upon irrigation facilities. !"
"You have read, presume, Senator
Stanford's views upon these questions,
as published in the dispatches Of the
morning papers"
Eyes, and don't agree with him in
all respects. do not see, as he does,
any objection to the principle and prao-
tice of the right to water by prior APP
preparation for beneficent purposes.
Unier proper regulations by law there
cannot be any danger Of the growth Of
monopoiies, which the Senator seems to
fear. Without such prior appropriation,
go regulated. Southern aud Central Cali
fornia will be ruined"
"But how could monopoly or excessive
charges for water be prevented"
IN several ways. Where there is
really an honest purpose to guard the
public interest a way will not be want
ing, The trouble is that too many hard
cash statesmen get into the Legis AZURE. !"
''Do you think that provision limit
ing the per centage of interest to be de-
rived from investment in canals would
be effective!"
probably not. Corporations know
too we'll how to keep books in cost of
construction and maintenance.
"What then would You suggesty"
Il would require all loeators of water
rights for the purposes Of irrigation to
state in their notices Of location, which
must be recorded, the particular lands
by section, township and range where
the water was to be used would limit
appropriations to one cubic foot per see-
ond for each quarter section Of land de-
scribed in the notice. would require
the water to be used on each quarter
section of land designated, say within
one or two years from the completion Of
the canal to the land, and ct least each
alternate year thereafter. l would re-
quire the canal to be completed to each
quarter section Of land named in the
notice within ono year from the date of
location. and all water located not used
in accordance with law should revert to
the natural stream, aud be subject to
location by the next actual, beneficial
appropriation. Then ! would leave the
matter Of water rates to private contract.
II the ditch company failed to sell water
to the owner Of 100 acres of land at such
rates a. the latter was willing to pay, the
company would lose the right to so much
water as was located by it for that 100
acres, and the farmer could locate it him.
self"
"Would not that leave the canal COM
pany at the mercy Of the farmer!"
eyes; unless the farmer and the canal
company agreed on price for water be-
fore the water was located at all. This
would probably be done in most in
stances. In fact, it would result in most
canal companies beng cooperative"
ssSu pposs the same company owned
both land and water would there not be
monopoly"
s'Not an injurious one to the State. for
in such event the company would be
obliged to cultivate the land, at least
every other year, or lose the water right
to the Land thus uncultivated. ! scarce
" think that fruit farming. or any kind
Of farming by irrigation, could be prop
erly conducted on q large scale. such
farming requires such care and attention
and skill as man will only give TO his
own acres. 1t cannot be obtained as a
rule from hired labor-especially where
hired labor il as thoroughly organized
in it's own interest as it Is in this ooun-
try
"Can such an arrangement be made
10 apply to appropriations OF water al
ready nader
according to the Supreme Court
there are no approximation of water
already made. 1t seems that consti.
tutional amendment is needed to legalize
any appropriation of water, and if such
an amendment can be made retroactive
at all, it may be retroactive as to condi-
tons of appropriation as well as to
right.
"Wopld not the Supreme Court be
apt to decide that no constitutional
amendment could impair invested ripari-
an rightsS"
1T might; but the people, now that
their attention is called to it, will be
apt to elect Judges to carry out their
will"
Would it be quite proper to choose
Judges who would decide q case that
might come before them in favor Of one
party or the other virtually before their
electionY"
"That would be monstrous. But to de.
| eide in favor OF or against doctrine
would be quite another thing"
1.-THE peoples win is the source Of law.
They establish law by custom or by
statute enacted by legislators whom they
choose, or by decisions made by judges
whom they elect. Legislators and judges
are alike their agents. can see no
more improperly in choosing judge to
establish or 'abrogate doctrine than in
choosing Senator or Assemblyman to
| establish or abrogate doctrine"
.'But is it right to suoplant Judge
| for rendering an honest though mistaken
opinion' Has such been the custom Of
| the country"
"'Nice customs courtesy to great
kings, ~ responded the silver.tongued,
land the present exigency Is great
king, / would remove the entire bench
rather than desolate State. Better
pension the riparian Judges and let them
20 than to extirpate four hundred mil
lions Of property to sustain the judi.
cial Independence Of gentlemen who
honestly believe that the common law
Of England is the rigid, unadaptive and
and unprogressive thing that the decis
ion in Lux Va. Haggin would make IT,"
"Then you do not thi. k that the de
cision in Lux VS.. Haggin declares thu
law as IT standsf"
mot at all. The common law Is no
rigid image Of bronze; it is progress
sive philosophy. II 10 not . mere coilec
ton Of yitrihed maxims; 1t Is growth
As ! understand 1t, we are making tb'
common law all the tlme--have beeI
making it in this State for thirty-sil
years. Riparianism is unsuited to on
climate, our topography, our interests
and Il seems to me tho sheerest folly 4
hold that the law made centuries ago 10
a country where the rains never cease b
fall and the grasses never cease to grow
prevails here, by virtue Of a forced an,
technical construction OF q casual, acct
dental section Of q statnte."
l do you think, Mr.. Fitch, that thi