Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-20
OUT At LAST.
THE PETITION FOR THE EXTRA
LEGISLATIVE SESSION.
And the pledge" Attached There
Johannes of Legislators Who
Signed the Document.


Following is the petition to the Governor
to call the extra session, as to the terms Of
which there has been so much speculation
together with the reasons therefor, and the
pledge made by the signers to pass certain
measures:
To His Eccellency George St0Remaa, Cor
eraor Of Cai5oIGe-SIE: We, the under
signed Senators and Assemblymen, re-
speetfully request you TO convene the Leg
islature in special session, for the purpose
of passing certain bills and measures which
we herewith submit. relating to irrigation
and water rights. While we disciaim all
intention of controlling your Excellency 5
Judgment, yet we beg TO suggest that the
present crisis i'll the question of water
rights, which vitality affects the immediate
welfare OF the State, demands prompt at
tention, and constitutes such an extraor-
binary occasion as to warrant the con-
vening of the Legislature as we request.
The Supreme Court of the State has re-
Gently decided that the riparian owners
| along the innavigabie streams are possessed
of riparian rights, so called, as known I'M
der the common law of England, that they
may OBTAIN wrlts of injunction against per-
sons who may have appropriated flowing
waters for irrigation under the provisions
of the Civil Code and under the authority
of the several Acts of Congress permitting
such appropriation from streams on the
public land The consequences which
must inevitably follow the enforcement of
this legal doctrine are painful to contem
/ plate.
The existing appropriations of water for
the benefit OF non-riparian owners, and of
riparian owners whose right to irrigate de-
pe..ds upon their appropriations under the
Civil Code and pre- existing customary law
Such diversions of water may, as we say,
under the decision Of the Supreme Court
| be enoined at the suit of lower riparian
owners. Many such suits have heretofore
been instituted; writs OF injunction have
been issued which have not been enforced
pending the consideration of the question
| by the Supreme Court, and, in q large num-
| Der of cases, have not been obeyed, al
though attempts have been made TO en-
force them. But the fact remains that the
Court has so declared the law that nearly
every irrigating ditch and canal in the
State may be closed by injunction.
The mere suspension of irrigation for a
single season would result in wholesale de-
struction of many thousands of homes and
of millions in value of improved and per
manent property. The irrigators of the
State now stand in fear of the immediate
enforcement of the destructive policy as
serted by the majority of the Supreme
Court. An attempt to do so might, and
most probably would, result in bloodshed
in many sections of the State. Freedom
American citizens will not look upon the
destruction of their homes and see the re-
suits OF years of toll swept away without
| resistance.
We believe that the rule of water rights
| in California as laid down by the minority
of the Court is, and ought to be, the law of
the State. In common with the masses of
the people, as shown by the action of sew
eral Conventions, and by the united voice
of the public press, we have reached this
conclusion, after deliberate consideration OF
the subject. In the month of May, 1884, a
Convention of those interested in the water
question met at Riverside. The matter was
there fully discussed. Again, i'll December,
| 1884, a Convention assembled at Fresno,
when the measures which we now propose
were discussed and formulated. Tie Leg
islature met. These measures, among
others, were introduced. They passed the
House by a vote of 81 out OF
so. In the Senate they secured i
!
want Of time Thereupon the public agita-
ton continued, and on the Goth of May OF
this year large and representative body
convened in San Francisco. Again these
measures were considered and unanimously
Endorsed and proposed. The movement
has received the earnest support of the
| whole press. Thousands of the best cii-
zens have enrolled themselyesin an organ
izatiOn to secure this reform in the laws,
necessary to the peace and prosperity OF
the commonwealth. This organization is
pledged 10 advocate the adoption of the
particular amendments and laws which we
herewith submit, and it is safe to say that
vast majority of the people Of the State
are in full sympathy with the irrigation
movement. For these reasons we I'M
hesitatingiy commit ourselves to vote for
the measures which we append to this
memorial, without amendment.
The first of these is a constitutional
amendment determining and fixing the
nature of water rights; the second is also
a proposed constitutional amendmentregu-
lating the use of water for irrigation; the
third is an Act governing the right to ac-
| quire the use of water by appropriation
| the fourth IS an Act to repeal Section 1422
of the Civil Code.
We believe that the Executive and the
delay should exercise their power to the
fullest extent in ascertaining and confirm
ing the right of appropriation, and in re-
pudiating the riparian doctrine of water
rights announced by the Supreme Court.
The State and the people cannot wait.
Before the next regular session of the Legis-
lature in January, thousands of citizens
and their families may be ruined, and
millions of property may be destroyed. In
our judgment the exigency is so great that
the constitutional amendment should be
submitted to the people at special cleo
| ton, to be held in the shortest time possible
under the Constitution. We will vote for
a bill providing for such special election.
We now, therefore, respectfully me-
morialize your Excellency TO convene the
Legislature in extraordinary session to pass
| these measures.
We further respectfully suggest that the
Legislature be requested in the proclama-
ton to consider suitable measures looking
| into the reorganization of the Supreme
| Court II cannot be disputed that the best
| Judgment of the bar of this State and the
general opinion of the people is that the
| Court should in some way be reconstructed.
The salaries paid to the Judges are too
small, and vet they cannot be increased
while the present incumbents hold office.
We submit that your Excellency might
well include in your proclamation the gen.
| eral subject of changing the organization
and the personnel of the Supreme Court.
| SENATORS WHO SIGNED THE CALL.
1 Boone, Knight,
| Creighton, Lowe.
! DAYS Palmierl,
| DeLong, Parker,
|