Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-29
ASSEMBLY.


Speaker Parks in the chair. Quorum present.
Firebaugh presented petition from the san
Francisco Bar, protesting against any inter
ference by the Legislature with the Supreme
Court The petition has heretofore been pub
lished in the RECoRD-UNIoN. The petition was
referred to the Committee on Constitutional
Amendments.
Petitions from 1.-THE people," asking for g i'm
mediate legislation" upon the water question
come pouring in daily from every county in the
State from Del Norte to San Diego, and they are
carried of to the rooms of the Irrigation Com
mittee. Yesterday Douglas. Heath, Moihtt
Hunt, Boucher and Watson of FL Dorado
handed in several each, The signatures number
ing up into the thousands.
Heath, Chairman of the Committee on. Con.
stitutional Amendments, reported back DAVIS
constitutional amendment No. 5, relative 10 the
reorganization of the Supreme Court, and
recommended that it do not pass. 1t was drawn
in accordance with the expressed wish OF the
Governor in his proclamation, and one OF the
two things for which the extra session was
called.
Yule of Trinity moved that the amendment
be recommitted to the committee, ana that
they be directed to so amend it, or recommenq
a substitute that Will accord with the expressed
wish of the Governor He thought 1t hardly
the fair thing to bring member from TRINITY
to Sacramento for the purpose OF recognizing
the Supreme Court, and then TO have an organ
lied committee to sit down upon his every effort
in that direction. If the irrigation committee
would act in Il similar manner, totally dlsre-
SiTulnP the uSSlTCS OF lDt GlltI IActuilNNi tAlch
would their work for this session be at an end
All the lawyers on the floor, with one exeep
ton, fought this resolution. but, as one member
remarked litigants are more interested III the
per onality of the Court than lawyers, and the
motion of the Trinity statesman was carried by
the following vete:
Ayes-Banbury, Barnes, Buhlert; Carter OF
Contra Costa, Carter of Solano Clark, Colby,
Cook. Culver, Daley, Davis, Deveny, De Witt,
Douglas, Edwards. Franklin French, Gregory,
Haywood, Kalben, Lowell. McJunkin, Mclean,
MeaIs, Morris, Pellet Porter, Pyle, Reeves
Swayne, Tory Van Noorhies, Ward OF Butte
Ward of San Francisco Yule-35.
Noes-Allen, Amy. Black, Britt. Dooling, FL
lison Firebaugh, Goucher, Henley, Henry, Hol-
lister, Hunt, johnson, Jones, Laughlin, Loud,
May, Mcdonald, McGlashan, MeMurray, Mof-
fit, Munday, Patterson, Walrath, Watson OF
Ell Dorado, Weaver, Whitcomb, Ward, Wood
ward, Mr.. Speaker-S0
Edwards withdrew his constitutional amend
ment introduced few days ago, relative to the
construction of bitches and canals, and offered
a substitute therefor.
THE SPECIAL ORDER.
The special order of the day was Assembly
Concurrent Resolutions No ], relative to the
sale of public lands. 1t was taken up, and its
author, Firebaugh. argued at length in favor OF
its passage. The preamble and resolution are
as follows
WHEREAS, The great valley of California, be-
tween latitude $40 80, near Fort TETON, and 4Uc
40 near Shasta, with an extreme length Of five
ana ultN lllllcS, anu I'LL dNGTdSp NluLU
of sixty miles, lying between the Coast Range
and Sierra Nevada mountains, and containing
an area of nearly thirty-five thousand square
miles, or more than twenty two million acres OF
landau area nearly equal in extent to half oil
all the Middle States-posSeSSeS all the elements
of fertility, except moisture, and has climate
agreeable in winter, hot and desiccating i'll sum-
mer, but yet not eneryating nor uniavorablc to
industry; and, whereas, ali of this great domain
is wonderfully fertile, ard capable of being
made to yield what i'll other countries would be
considered fabulous crops OF all the useful
grains, fruits, berries, vegetables, nuts and
grasses, if stimulated by water, applied by irri-
CATION to bring out its fertility and make it
useful; and, whereas, the sources from which
wafer for irrigation may be obtained belong, in
the main, to the United States, being situated
upon, arising in, and flowing through the
mountains bordering this great valley, which
mountains are largely public land of the United
States but, under the existing laws, the
innavigable streams and lakes, the sources in
question, will, when the land is sold, pass to
the purchasers, and render very difficult if not
impossible, the application of these waters to
the greatest good-the irrigation of the valley
and whereas, if said waters are dedicated to the
State for public use, under legislative control,
for irrigation, mining, manufacturing and other
beneficial uses, they Will be devoted to the gen
eral and greatest good in changing sightless
deserts into fruitful farms and perennial lowell
ness whilst otherwise they will be grabbed by
monopolistsand held to their individual use, to
the detriment of the general public and the iu-
Jury of the State Therefore,
ReSOtUed 6ythe Assembly Of the STATE Of California
the Senate concUFriHg, That our Senators and Rep
resentatives in Congress be requested to urge the
amendment OF the United States statutes relative
to the sale of public lands in the State of Cali
fornia, so that hereafter the innavigable streams
and lakes therein will not be conveyed with the
land, and to obtain, ii possible. dedication TO
the State of such streams and lakes, for public
use, under legislative control, for irrigation
mining, manufacturing and other beneficial
uses.
Resolrcd. That his Excellency the Governor is
requested to transmit to our Senators and Rep
Sentatives in Congress a copy OF these resolu-
lions.
As would naturally be expected. these resolu-
tons met with violent opposition from every ir-
rigati0nist in the House. Dr. May said II this
resolution was passed the members might as
well take their gripsacks and start for their
homes. 1t was riparian clam rolled IN irri-
CATION meal" The very question, he said
they were called upon to consider was whether
when a man purchased land, he purch ased the
water with it.
Speaker Parks took the floor and made Wig
orous speech against the resolutions He denied
the right of property in water to any one until
1t had been appropriated No one can sit still
and let the water pass by and continue in pos
session until it reaches the sea- Water becomes
property after appropriated and put to a legiti-
mate use. The State can appropriate the water,
and it would be public policy to do so.
McGlashan opposed the resolutions, though he
said the question of the claims of the Govern
ment must be met in some way He did not
believe there should be any ownership of water
except by appropriation.
On motion of Firebaugh, the resolutions We're
made the special order for Friday morning at IL
o'clock.
The Speaker read notice requesting the Re
publican Assemblymen to meet the Republican
Senators in joint caucus at 230 p. NJ, in the Su-
preme Courtroom, aud the Assembly then adj
journed.