Los Angeles daily herald., 1886-06-26
WE ARE Nor LoNEsoME.

Tho Sutter Farmer has tried to create
the impression that this papetis favora-
BILE to hydraulic mining because it is in
lavor Of irrigation as opposed to the in
famous doctrine of riparian rights. We
are not singular in our advocacy Of the
doctrine Of irrigation, for if we mistake
not, nearly all the leading newspapers Of
this Coast are strongly in favor of irriga-
lion and opposed to riparian rights. The
Fan Francisco Chronicle" has the fol-
lowing to say:
The farmers of Southern California are
now awakening to the fact that to accom-
plish the work they have in view they
must obtain from the Supreme Court
reversal OF the doctrine affirmed by
majority of that Court in the case Of
Miller vs. Haggnn Appropria-
lors must go to work to reconstitute the
supreme Bench. Happily, this will in
volye neither difficulty nor delay
II the Republican and Democratic lead
rs in the Southern counties can agree
upon man who commands general re-
spect, his election will be foregone con-
clusion.
We do not believe that man, repre-
senting the views Of a majority Of the
Supreme Bench would receive tithe of
the votes of the people Of California. In
speaking Of the decision OF the Supreme
Court so often alluded TO by us, the
Examiner" says:
The first stunning effect of the blow to
the material prosperity of the State by
the recent decision of the Supreme Court
in the water case having partially passed
away, leaves us in condition to contem-
plate the far-reaching and disastrous ef-
fects of the decision and to consider
calmly and dispassionately way out ol
our unfortunate condition.
To our mind there is but one way out
OF the trouble and that is to change the
opinions OF the Supreme Court by al
election. The Court has decided tina
the riparian owners rights are vestet
rights, and the legislature cannot TAKE
away vested rights.
lhe "Alta" is of the opinion that ths
Judges, whose consciences dictate pol
icy SO inimical to the welfare Of the peo'
pie OF this State should be changed by an
election, and thus puts that opinion;
If the whole Bench were vacated by
resignation the operation of putting the
Court at once with public sentiment
would be greatly simplifed. There have
been occasions when the most delicate
sense of judicial propriety dictated just
such action to secure just such result,
since a service becomes finally intolera-
bic, that is for a long time concurrent
with public disapprobation.
Again the Examiner" speaks out Oh
this question and tells some truth that
will bear reproduction:
The doctrine of riparian rights has
about as much relation TO modern civili-
zation and enlightened progress as did
the old common law process of test by
fire and gage Of battle. These latter were
the germs, as the former are the fruits, OF
the common law. Both are the legacies
Of an ignorant and barbarous age, and
are regarded with contempt by nearly all
men, save three or four Judges on the
Supreme Bench of California.
We are surprised at the stupidity Of
the Farmer and appeal" in their
efforts to sustain a bad decision, when ii
will involve the cause Of this Valley in a
struggle that will certainly prove disas-
trous to it in the end, where there is no
necessity Of the complication. We pre-
sumo these papers have some little
prejudices that entirely blind them to
the right.-[Yuba County Democrat,
June 4.