Los Angeles daily herald., 1886-06-26
SUPREME couRr JUDGES.


peal for rchearing in the great water case
Of Miller ct al, Va. Haggin ct al, with
the principle established, as "the law OF
the case" that the riparian owners are
entitled TO all the waters OF the streams
upon which their lands abut. This re-
mits to the shecp-herder, to the coyote,
to barrenness and to desolation all the
smiling farms which irrigation has
created and developed throughout Cali
fornia il it be established as the law Of
our State.
The decision is based on the ground
that the riparian owners is vested
right, and as neither constitutions nor
statutes can interfere with such rights,
it remains that our only hope is in a
new Supreme Court. The decision will
serve in future as a precedent for
Judges who have no particular convic-
tions, that no decision can be law mot
made so by stalute) which carries with IL
universal ruin TO the people Of the
country.
Evidently those Of the present Judges
of our Supreme Court who have united
in this decision will not change their
opinion. One rehearing has been had
with most exhaustive argument and
another denied. We of Southern Cali
fornia who depend on irrigation for our
very life, can have no hope for the
future, save in change of Judges. How
shall this be brought about?
The present Court consists of five
Judges living in San Francisco, one
living in Oakland-fve miles of--and
one from Southern California. Two go
out of office on the last day OF December !;
Myrick and Mckee. OF these the latter
unites with McKinstry, Thornton and
Sharpstein i'm affirming the right of the
riparian proprietors to all the water
of the streams. The former dissents and
recognizes the right of appropriation Of
water for irrigation. Ii he were candi-
date for recollection he would receive al
most the solid vote of Southern Califor-
mia, but he absolutely refuses TO again be
a candidate. Mr.. Justice Ross, of Los
Angeles, has rendered bis resignation,
Ito take effect January next and his
successor must be chosen. If the anti
riparian monopoly voters secure two out
of the three new Judges, the Court will
stand just as it does now; four riparian
and three opposed to this monopoly. We
must elect to fill all three of the vacan-
cies men broad enough TO rise above
precedents unsuited to the changed con-
ditions and decide this question on broad
principles: who when referred to the
Common Law, will recognize the fact
that "The Common Law of England
consisted of those maxims Of freedom
order, enterprise and thrift, which had
prevailed in the conduct of public affairs,
the management of private business, the
regulation of domestic institutions, and
the acquisition, control and transfer OF
property from time immemorial. 1t was
the outgrowth OF the habits of thought
and action of the people, and was modi-
fed gradually and insensibly, from time
TO time, as these habits became modified,
and as civilization advanced, and as new
inventions introduced new wants and
convenienccs and new modes of busi-
ness" And who will recognize the fact
that decisions Snglish Courts upon the
matter of diverting water from streams
made where drainage, and not irriga-
ton, is natural necessity-cannot be
properly cited TO establish the Common
Law as to division of water from these
streams where irrigation is necessity,
and no crops can grow without it?
No pledge from any candidate will an
swer our purpose. The fact OF his giving
such pledge would render any candidate
uilub lOf Juuetsiilp. Nt fiunt ctcNt
men whose instincts are right, whose
opinions were formed and known of all
before their candidacy. We can obtain
such men; men of experience, capacity
and integrity among ourselves; men who
live in the irrigated regions of Southern
California.
Southern California is fairly entitled to
all three of the Judges now to be elected.
A line drawn from East to West through
Merced, fifty miles south from Stockton,
divides California equally, North and
South. This line runs just south from
San Jose and divides Santa Cruz county
from San Mateo. Southern California
lies south of that line.
From that half of the state which lies
South OF that line, no Judge OF our SUI
preme Court has been taken since Cali
fornia was organized, except Judge Ross,
who now resigns. Is it not time that we
assert our rights in the conventions of
both political parties?-[The Fresno De-
mocrat, June IL.