Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-27

thsg of 1850. adopted tse common law of Err
land embracing the riparian laws. In Sort
tine the mining interests led to the adoption of
the se-called appropriation Acts. In decisions
since rendered and comments by law writers.
these Acts were treated as proYisUnary in char
acter, and decided that they related TO public
lands. He said he did not appear before the
committee to argue
THE QUESTION OF RIGHT or WRONG
OF Tiparianism he was not there to condemn
or Uphold the decisions of the Supreme Court,
but solely and simply to state facts. The ques-
ton of riparian rights had never been raised;
the question of private ownership had never
been raised; therefore such rights were treated
as rights of public lands.
In 1872 the Legislature passed Section 1922 of
the Civil Code, and you are now asked 10 repeal
it, simply because it recognized riparian rights.
If you repeal it, repeal the place where il was.
The rights acquired under a law are not affected
by the, repeal of that law. Declaring
ont that fact that they did exist. The call
of this extraordinary session is an admis-
sion of the fact on the part of your Governor.
and your presence here is an admission thst ri
parian rights did exist. II viii be Necessary,
unless you
ESTABLISH NEW PHASE OF LAW.
For you 10 blot out and deny tina, there ever
was such law. Are we to have established in
California the principle that we hold our life
earnings by no stronger power than that OF the
popular Wlll-Cnc decision OF the DailOt-DONs
A decision has been rendered in favor of ripa-
rian rights by the highest tribunal in our State.
Why not appeal it 10 a higher Court? They
answer us that theylhgve; they appeal to the
people? Is that tribunal known to the law ?
If this principle is to be established where
would be the value of property? If Haggiu
and Carr succeed here, how long would it be be-
fore the people discover that they had made q
mistake, sold their birth-right for mess Of pot
tage? Can we, who believe i'll liberty regulated
by law, afford to establish this hideous c0mmu-
nistic principle that judicial decisions may be
set aside and left 10 a vote of the people? That
is a long step toward communism.
We are all unit for irrigation wherever il is
desired. but we are opposed to the theory e>tab-
lished here by the ditch owners of California.
If they succeed
THEY COULD NOT HOLD THE VANTAGE
Two years. They seem to have the faculty of
rel resenting the people. In olden times people
in authority were wont TO say, Thus saith the
Lord" The formula of the ditch-Owners is,
THUS saith the people" Governor Stone
man says, THE water should be set
apart for the people, Haggin & Carr arise
and say, " Here we are. Governor. We are the
peopleT' They assert that the waters of the
State belong to the people. concur: they do
belong to the people, with certain legal reserva-
tions. Riparian law is the law of the people to-
day, but il does not follow that the waters must
run TO the sea. They have described in glow
ing colcrs how the deserts are made to blossom
the rose by irrigation, and if they are de
prived of the water they will again become
arid, barren plains II never seems to have oc
CURED to those people that the water could be
obtained without stealing it. He warned the
people who want to appropriate the waters of
the State that they cannot do it. Such an at
tempt would be in the line OF communism,
THE ACT OF a MoBoCRACY.
There is a power above that of the State The
trainers of the Constitution of our common
country declared that mo man shall be de-
prived of life, Liberty or property, without due
process of law Is legislative dictum due
process of law? 1t is not within your power.
or that of the people, TO eonfscate the people
property by changing or amending our State
Constitution. No man nor class of men can be
by any such act deprived of their properly
Riparian owners are a class. You cannot con
other. No, sir; that is robbery, and something
that cannot be done i'll a legislative capacity
The people of California are in favor of irriga-
ton where il is desirable and Section li22 of
the Civil Code is a complete provision for rriga-
ton, for the taking of water and its distribution:
everything is provided for in that section. You
would repeal it, would you? You can, but it
will not wipe out property acquired under it.
and in endeavoring TO do so you
ANOTHER PROPOSITION
Assemblyman Davis submitted the following
to the Committee on Constitutional Amend
ments last evening:
PROPOSITION to amend Article VI OF the Con-
stituton.
Rcsolred, by the Assembly the Senate con-
curing, twO-thiTds of al the members elect to
each House voting in favor the eOf, that the fol
lowing amendments to Article VI, of the Con-
stitutiou, be and the same are here by proposed
to the qualified electors OF the State for their
approval and ratification.
Amend Section ,. OF said article, 80 rs to read ::
Section 3 The Supreme Court shall consist of a
Chief Justice and eight ASso late Justices and
business. Seven Justices shall cons itute a
quorum, and the concurrence of five shall be
necessary to render Judgment. All decisions OF
the Court shall be given in writing, and the
grounds of the decision shall be stated. In case
of the absence or inability of the Chief Justice
to act the Associate Justices shall select one of
their own number to perform the duties and ex-
ercise the powers OF the Chief Justice during
such absence or inability 10 act.
Amend Section of said article so as to read :
Section s. The Chief Justice and the Associate
Justices shall be elected by the qualified elect
ors of the State at large, and the term of office
shall be twelve years from and after the first
Monday after the first day of January next sue
ceeding their election. At the general election
in the year 1SSG there shall be elected three
Justices, whose term OF Office shall be twelve
years, and two Justices whose term of office
shall be eight years. AT the general election in
the year 1890, aud at the general election every
four years. thereafter, there shall be elected
three Justices, whose term of Office shall be
twelve years. At the first meeting of the
Court ia the year 1891, and at its first
meeting every fourth year thereafter the JUS
llceS Slldll select OF lIlElI snail
act as Chief Justice. Nothing herein contained
shall be construed as affecting the tenure of the
Justices in office at the time of the adoption of
this section, but they shall continue to hold
until the expiration of the term for which they
were elected. If a vacancy occur in the office
OF Justice, from any cause including failure
to elect at the general election in 1886, by rea-
son of this section not being submitted at Il spe-
cial election held previous thereto, the Governor
shall appoint person TO hold the Office until
the election and qualification of Justice TOLL
the vacancy, which election shall take place at
the next succeeding general election. and the
Justice so elected shall hold office for the re-
mainder of the uneXpired term
Amend Section OF said article so as to read:
Section 4. The Supreme Court shall have APP
pelate jurisdiction in all cases in equity, except
Such rs arise in Justices Courts also in all eases
at law when involve the title or possession of
real estate, or the legality of any tax, impost
assessment, toll or municipal, or in which the
demand, exclusive of interest, or the value of
the property in controversy, amounts TO three
hundred dollars; also, in cases of foreible entry
and detainer, and in proceedings in insolvency.
and in actions TO prevent or abate nuisance,
and in all such probate matters as may be pro-
Yided by law; also, in all criminal cases pre-
scented by Indictment, or information, in Court
of record, or ques. ions of law alone and shall
have original jurisdiction in all cases where the
constitutionality of any statute is the question
involved but no statute shall be deemed or
held to be unconstitutional, either as a whole or
in part, except by the concurrence of seven of
the Justices. The Court shall also have power
to issue writs of man3amuS, eertiorari, prohibit
ton and habeaS corpus, and all other writs
necessary or proper TO the complete exercise OF
its Jurisdiction. Each of the Justices shall have
power to issue writs of habess corpus TO any
part of the state upon petition by or on behalf
of any person held i'll actual custody, and may
make such writS retUrDable before himself, or
the Supreme Court, or before any Superior Court
in the State, or before any Judge thereof.
Amend section il of said article so as to read:
Section II. The Justices of the Supreme Court
shall appoint the Clerk of the Court, who shall
hold Office during their pleasure. The duties of
the Clerk of the Supreme Court shall be fixed
by law, and he shall receive for his services q
salary of three thousand dollars per annum.
the Courts of record in and for their respective
counties or cities and counties. The Legislature
may also provide for the appointment,
by the several Superior Courts, OF Court steno-
graphers, whose duties shall be fixed by law,
and whose compensation shall be determined
out OF the county treasury, within such llmtla-
tions as the Legislature may prescribe. The
Legislature may also provide for the appoint
ment by the several Superior Courts of one or
more Commissioners in their respective counties,
or cities and counties, with authority to perform
chamber business of the Judges of the Superior
Courts TO take dispositions and perform Such
other business connected with the administra-
ton of justice as may be prescribed by law.
Amend Section II of said article so as 10 read
Section II. The Justices of the supreme Court
and Judges of the Superior Courts shall sever
ally, at stated times during their continuance
III Office, receive for their services Il cOmpensa-
ton, to be paid by the State, which shall not be
increased or diminished after their election nor
during the term for which they shall have
been elected. The annual salaries of the Justices
Of the supreme Court shall be 50 900 each Until
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