davidaulloa/AmericanStories huggingface dataset:
Los Angeles daily herald., 1886-06-26
OUR JUDICIAL NERos.

The people Of California cannot afford
to have the progressive development OF
the State blocked by the perverted judg-
ment of four Judges of the Supreme
Court, no matter how sincere or honest
they may be in an opinion, which prac-
tically paralyses agricultural industry.
If the majority opinion of the supreme
Court in the Lux and Haggin case be
enforced as law in California it puts an
end to the appropriation of water for ag-
ricultural purposes, and thereby neces-
sarily limits the cultivation and redemp-
tion OF the arid soil in the State. 1t is q
decree establishing baTenness in the
place OF prosperity, retrogression for pro-
gression, decay and death for life and
vigor. The four Judges OF the Supreme
Court undertake, by asserting the doc
trine Of riparian rights, to destroy in this
State property values amounting to q
thousand million OF dollars, and stamp
out processes that would create in the
next decade thousand millions more.
They are the judicial Neros, who are
fiddling upon obsolete ideas while Calf
fornia is burning.
In view OF this obvious fact that the
question arises Ought these Judges to
be permitted TO retain the power Of in
fiicting upon California this great injury ?
Ought these few men, who, without rea
son, without justice and upon no other
pretext than fealty to an absolete and ex-
ploded idea, retain the power to burden
the State with the pauperism Of sterlity,
blast its future and convert its splendid
prosperity into barrenness and decay?
These things are the practical result Of
the views they entertain, and so long as
they retain seats on the Supreme bench
California must pay this price for the dig
mites with which they are clothed. Say
that their convictions are honest and
their judgments sincere, the injury they
inflict on the people is just the same as
though their judgment was dishonest
and corrupt.
This being the case, what would con-
scientious men and good citizens do in
their places? Would they not resign
Would not honest Judges say, we cannot
retain our places, with our convictions,
without inlicting untold misfortunes
upon the State, and 10 hold the power
intrusted to us, we must do evil instead
OF good, therefore we resign. Conscien-
tious Judges situated as Messrs Thorn
ton, Sharpstein, Mckee and Mckinstry
are, would say it. VIII these gentlemen
sad it? The people, nine out Of every
ten men in the State, ask them to say
it.-[The stockton Evening Mail, June
| 10.
Los Angeles daily herald., 1886-06-26
NEUTRALITY-SUSPICIOUS.,


The anti-Riparian or IrrigatorB State
Convention, held in San Francisco lasi
week, was u great success in all essential
features. Most parts OF the State were
represented, and the delegates were al
most without exception able and ex-
perienced men. The resolutions adopted
express forcibly the situation and the de-
mauds of the State on this great question
There il hardly u man in California, per
haps, except the riparian owners, bat
what will acknowledge the importance OF
such legislation as will lead 70 the use OF
the waters in such a manner as will re-
suit in the greatest good. This is what
the irrigators desire, and il in the accom-
plishment OF this purpose any individual
shall happen TO be injured they propose
that he shall be rocompensed to the full
extent OF the damage suffered. The ri
parianists to-day, in many instances, en-
Joy virtual monopoly Of the running
water, and like other monopolists they,
oi course, want to be let alone. While
they are weak in numbers they are
strong in purse, and the proceedings OF
the last legislature, in which it will be
found series OF carefully drawn irriga-
ton bills were killed by iilibustering,
afford ample proof that they, the ripar-
ianists will not let go without desperate
struggle. That struggle, il may be said,
has commenced. 1t was inaugurated at
the Convention last week, in San Fran
cisco il will end, we hope, on election
day this Fall. II candidates for certain
Offices are selected with due regard TO
this important issue, it viii end then, for
with the right men once elected, the
work Of conforming the laws to the needs
OF the State on this question will be in
the main formal.-lPlacer Herald, Au-
burn, May 20, 1886.
Los Angeles daily herald., 1886-06-26

That the Irrigation Question will be
one OF the burning issues in the coming
campaign in this State is well-estab
lished fact; and it is safe to say that the
party refusing to come out flat-iooted for
the free use Of water for farming purposes
will be so badly beaten, at the polls in
November next, that il will never be
heard of again. The doctrine Of riparian
rights is legacy of an ignorant and bar
barous age and meets with but little
favor in California, save with few in
spired idiots who disgrace the Supreme
Bench, and handful OF riparian owners
who are so selfish that nothing less than
the whole world will satisfy them. The
recent decision of the Supreme Court
shows very conclusively that there is but
one cure for the i'll which the State is
suffering from. The people may make
laws and amend the Constitution, but
their labor will be in vain so long as the
Supreme Court holds that the riparian
right is a vested right; for neither
statutes nor costitutions can destroy
vested rights. Hence, the control and
direct proposition of the irTigationists is,
and must be, that n riparian owner has
not, and never had a vested right--and
to successfully maintain this, will open
the waters OF the State to use for irriga-
ting purposes. TO accomplish this pur-
pose it will be necessary to secure the
election Of Supreme Judges who have
sufficient intelligence to perceive that
the riparian doctrine as an incident to
the common law, cannot apply to CON
ditions which has no customs to sanction
it. In other words, that they must have
the good judgment to see that law founded
in custom must be reasonable, and that
when no reason exists for it, the princi-
pie is abandoned. With the free use OF
water, this State, in less than five years
would treble in wealth and population,
and we would experience an era of pros
perity such as was never known in the
history of California or the United States.
The great necessity, therefore, is to se-
cure the election Of Judges OF the Supreme
Court who have not only the best in
terests of the whole State at heart, but
who are brave enough TO cut loose from
the illogical and senseless doctrine that
the water of the streams is as much the
property of the riparian owners as their
land, or other property, and subject to
the same incidents and rights of owner
ship.-City Argus, June 5.
Los Angeles daily herald., 1886-06-26
-777777777777777s . |7777777777777--
JUDICIAL USEFULNESS.

In representative government officials
who no longer reflect the will OF the peo-
pie, il they are honest, resign. Self re-
spect, il no other consideration moves
them, leads such officials to surrender
the trust they cannot discharge to the
public satisfaction. Ifany other rule pre-
vailed there would be no guarantee OF
confidence between the people and their
servants. Officials themselves are not
the judges of the value and usefulness OF
their public services. They must learn
to estimate their worth from the value
the public puts upon it. ii the people
say they aye not trustworthy, they are
not useful, but on the contrary are hurt
ful, injurious to the public interests, and
are unwise in their acts and judgments,
then such officials cannot retain their
trusts without sacrificing their self respect
and without violating the usages which
honest men observe.
-Four OF the Judges Of the Supreme
Court of California are in this position.
They have lost the confidence OF the peo-
pie. They hold views OF law inimical to
the public interest, and their interpreta-
tion OF il is fatal to the prosperity and
development OF the State. The people,
sustained by the best legal opinion in the
State, say that their views are vicious,
| erroneous, and destructive. Unfortun-
ately millions ofproperty, which does not
pass from one ownership TO another by
virtue Of these mistaken views, but is de-
stroyed, is involved in the issue. Justices
McKilistry, Thornton, Mckee and Sharp
stein are not deciding who owns these
millions of property; they are deciding
whether it shall exist or not, and they
have decided that it shall not exist They
undertake TO say whether California shall
be desert or an Eden, and they decide
| for il to be desert. They assume that
| they are privileged TO destroy thousands
| Of happy homes, bankrupt thousands OF
fortunes, and break the hearts of thous-
| ands oil industrious and honest men; and
| all this because they have evolved from
| their inner consciousness, and their iInag-
mary wisdom, the relic Of an ignorant
| and barbarous idea which il justified by
neither tho rules of law nor the dictates
Of common sense. Such men have no
business on the Supreme bench OF great
and prosperous atate. They belong TO
another age and people. Thdy should
resign the position they cannot retain
with Nonor 20 themselves and usefulness
TO the peopie.-[Ala Semi Weekly
Argus, Saturday, June II, 1856.
Los Angeles daily herald., 1886-06-26
A nrpAn1aS sox.IS.LAw.

It Is somewhat startling 70 find any one
Of Intelligence from the southern part Of
the State, and especially from Los Ange-
les. not sound on the irrigation question.
Lest the uninformed might be led TO be.
lieve that there IL any considerable body
OF tho inhabitants Of that section who do
not stand upon the irrigation platform,
we rise to explain. A Los Angeles ex-
change says:
"Abbot Kenney, who attended the
convention, and ought 10 know, thinks
that the irrigation agitation amounts 10
nothing moro than the efforts of one set
Of monopoliAts 10 get ahead Of another
set OF ditto"
This is the gentleman who came up
from Los Angeles with the contract TO
transform the Anti-Riparian Irrigation
Convention into q gathering assembled
to endorse the Supreme Court and its
Riparian law. The contract was not per-
formed. When the convention resolved
itself into It's elements, riparian aud anti
riparian, and split, TIVE conventions were
held. one composed of several hundred
delegates, and tho other the riparian
rump, composed Of Mr.. KEEaEY, OF Los
Angeles. This gentleman has hitherto,
Mt Che Riverside Convention, and at the
Fresno Convention, participated as a
friend Of irrigation. Al the San Francis
co Convention, however, he made him
self noisy nuisance, offering, among
other thingB, q series Of resolutions. pre-
pared in the atmosphere Of the judicial
throne, recognizing and endorsing ripa-
ran rights. He refused 10 sign or endorse
the platform and pledge Of the irrigation
organization, and was therefore excluded
from further participation in the proceed
ings, after which he held his little con-
ventiop OF one.
His course can only be explained upon
the theory OF his limited mental calibre.
taken together with the fact that he is
the son-in-law OF Justice JAMES d..
THORNTON, one Of the four riparian judges.
II the people of California have their
way the gentleman from Los Angeles will
soon be the son-in-law Of PLAIN, ordi-
nary private citizen, and he will then got
The benefit OF the supposition that II il
bis "plentiiul lack Of wit" alone which
makes the irrigation movement appear
TO him Observation-Disclosures Tribune,
June 9th.l
Los Angeles daily herald., 1886-06-26
TINE SUPREME COURT.
Duty of the Legislature ON tho Irrigation
Question.

The subject Of irrigation has been so
thoroughly and intelligcntly discussed in
the newspapers of the State during the
past few weeks, that there is no longer
any question in the minds OF the citizens
as TO the relations the Supreme Court as
now constituted bears to the people. The
suggestion that the three hold-over ripa-
rian judges should retire, is good one,
but how to bring about this result Is
something TO be yet determined upon.
Suppose, for instance, that these Judges
should not feel embarrassed at their pres
ent strained relations with the people,
and should not conclude that the best
interests of the State would be subserved
by their retirement? Are the people to
be contented with their barren suggestion
that condemnation is the only remedy.
without pointing out any practical method
OF condemnation, when every one who
understands the matter, knows that con-
demnation is utterly and absurdly inn
practicable and inadequate. When the
Legislature next assemblies it will have
to meet this grave crisis in the affairs Of
this people, and we have no doubt il will
90 to the very center OF the question for
d complete solution of the dilemma.
The Oakland Tribune" has a sugges-
ton in this connection that promises to
afford relief. 1t advises the people to see
that their Legislators go from them
pledged to constitutional amendment
reorganizing the Supreme Court, reduc-
ing the number Of Judges to five, and in
creasing the salaries to say twelve thous-
and year, and abolshing the system Of
departments, leaving the law providing
for Supreme Court commission as now.
The State can afford to pay better sal
aries, and the Judge who has the respon-
sibility Of being the final resort Of the
litigation Of a million people, ought TO
have brains worth twelve or fifteen thous-
and year. By such an amendment the
present Supreme Court would go out OF
existence, and five new judges would take
up the scale OF justice and restore the
equilibrium between our population and
our prosperity. For in their present
temper, and il is not likely to change
other than to gather intensity, the possi-
bility Of the election OF riparian judge,
by the people, is as remote as the appli-
cation Of riparian law to California Is
impossible. .-[rhe Daily Transcript, Sat
urday, June u, 1885,
Los Angeles daily herald., 1886-06-26

cation TO conditions 10 which II Is not
fitted. Here in the arid climate Of Cali
fornia the doctrine of appropriation has
been the custom through long genera
tons during both the Spanish and Amer
lean occupation Of the country. 1t is a
custom which has grown into q right. By
setting themselves against this custom
and overturning it by raising the oppos-
ing doctrine Of riparian rights Justices
McISinstry, Sharpstein, Thornton and
Mckee have endeavored TO dothe very
thing which the Common Law practically
prohibits. They have endenyored 10 re-
peal custom. The demand that they
make room for men who will recognize
established customs is just and proper
demand and we hope 10 see it established.
Keep at them until they step down and
out and give us men who will not divert
the stream OF Justice to unholy purposes
ant. .the injury of the people. II Woodland
Daily Morning Mail, Sunday, June O,
1896.
Los Angeles daily herald., 1886-06-26
THE SUPREME COURT.

The San Francisco "Chronicle,"
"Alta," ," Examiner" Post" and Oak
land Tribune have struck a new and
rich lead in the prospect for irrigation
which may grow into bonanza. 1t lies
in the delcately worded suggestion that
the four riparian Judges retire from the
bench, 10 make room for others, although
none the less strongly betrays the public
desire in that Il comes from four great
journals which, whom united, unerringly
will the wishes Of the people Of San
Francisco, and of great interior cons
stituency. We surmise that the interior
press will echo the suggestion through
out the State. 1t Is not that there is any
want Of confidence in the honesty OF
purpose of the judges. But there is
Los Angeles daily herald., 1886-06-26

growing feeling that the Court as at
present constituted, does not ''Ht" the
State. Here nre men TO remain upon
the bench for six and eight years who
will be an impediment to State progress.
Such condition Of affairs is indeed
lamentable. They would confer on the
State an unabridged kindness by resign
ing, since they can not in conscience fit
the States law 10 the States necessities.
Another pathway out Of this judicial
labyrinth is by recognizing the Supreme
Court. Il has long been conceded that
the salary of the Judges is miserably in
adequate. Twelve thousand year is
none too much to compensate broad
Judicial mind. 1t is conceded generally
that iive Judges can do as much work as
seven, and that the department scheme
Is mistake. Why not re-organize with
five new Judges, at ten or twelve thous'
and dollars yoar2-tKern County
Gazette, June B.
Los Angeles daily herald., 1886-06-26
VN-~--~-@~
THEY HAD BETTER RESIGN.

There seems to be prevalent impress
sion that our State Supreme Court, as at
present constituted, fails to meet either
the wishes OF the people OF the interests
of the community. 1t is not that these
wishes and interests are in conflict with
the law, but that majority Of the Court
is welded to an obsolete idea and is un-
able to perceive that an ancient custom,
sanctioned by the common law OF Eng
land, has no equitable application to the
civilization and progress of the Pacific
Coast; and that, ii enforced here, would
work incalculable evil.
Judges fitted TO administer the laws Of
great State should bo endowed with
discriminating faculties. Ii not capable
of analytical research, they should at
least know something of the process OF
logical reasoning. To a mind OF ordinary
intelligence it does not appear difficult to
realize that the spirit, il not the letter, of
the law does not sanction the applica-
ton of custom founded in physical con-
ditions directly the reverse OF those TO
which it is sought to be applied Ripa-
rian rights are the outgrowth OF customs
to which irrigation is unknown. They
are the product OF physical conditions in
all respects dissimilar to those OF Cali
fornia. The soil of England is wet, the
atmosphere is damp, and irrigation is an
unhesrd-of thing in the processes al
agriculture. Here the soil is arid, the
atmosphere dry, the heat of the sun in
tense, and farming is impossible without
irrigation. The water from our streams
has been diverted for irrigation purposes
ever since civilization began on this
Coast. II is sanctioned by both Spanish
and American usage. 1t has become a
custom, grown into right. Yet a
majority OF the Judges OF our Supreme
Court hold that this ancient custom ef
California is repealed by the English
common law. Who ever heard before
that the common law repealed a custom
1t is itself the creature OF custom. It
owes to custom all its force and signifi-
canoe, all its vitality and influence.
Los Angeles daily herald., 1886-06-26

There is another little dodge that the
riparians are going to work during the
campaign. They are going to put on
for the occasion, the vestments of right
eousness, and, with uplifted hands,
solemnly warn us not to bring any po-
litieal pressure to bear upon the Supreme
Court by means of the ballot. Their
candidates for the Supreme Bench will
evade the issue by returning non-com-
initial or general rather than specific
answers, but we will wager all we are
worth that no riparianist will vote for
any Judicial candidate until he knows
how that candidate stands upon the ir-
rigation question. The test to be applied
to candidates for judicial honors is
simple but conclusive. 1t is this: Do
you believe the common law doctrine OF
riparian rights applicable to existing
natural eonditions2'' "Do you believe
in applying to this doctrine, that other
doctrine OF the common law which de-
clares that Reason is the soul Of the
law, and when the reason Of any par
ticular law ceases so does the law itself. T"
II is upon that principle that the APP
proprietor must rest his cause. We
have never doubted that the precedcnts
established in other states were in favor
Of riparianism, for that law is naturally
applicable in those states, but the APP
plication Of this principle should set
those precedents aside in this state ae 1t
has done in Colorado.-[Tulare Re-
gister, June A.
Los Angeles daily herald., 1886-06-26
ANTI-RIPARIAs AGITATION.
The Situation as IL Is-Tbe Only Cure
for Radical Evil.

Tho popular movement now in pro-
gress in this State TO secure a reform OF
the laws in regard TO the right TO divert
and use water flowing in unnavigable
streams TO irrigate the arid lands Of the
great valley goes steadily on. The State
Irrigation Convention met and adjourned,
but the work which it stunned up TO
that date is now again being pushed for
ward. The agricu.turists of California
are determined not TO be ruined by ju-
dIcial blunder.
The attitude OF the people in this re-
gard Is emphaiically shown in the ex-
tracts from the editorial articles which
we publish to-day from the "Chronicle"
and Examiner" Like those given
yesterday, they fairly hut distinctly em,.
phasize the feeling towards the majori
OF the Court which prevails through
the state. .sf
1t is gratifying TO tfs., peopfssSS
country TO find that thelr ca 20
ably and 30 earnestly adFocaf. liaas
metropolitan press.-[The Sss ? s@sE
Transcript, June 4. IsCrl t9iU
Los Angeles daily herald., 1886-06-26

permit the election Of his successor by
the people, his reason being the notori-
ous insullicioncy oi the judicial salary. n
the whole bench were vacated by rcsigna-
tion the operation OF putting the Court
at one with public sentiment would bc
greatly simplifed There have been oc-
casions when the most delicate sense of
judicial propriety dictated just such ac-
ton TO secure just such result, since
service becomes finally intolerahle, that
n Tor long time, concurrent with public
disapprobation. In this view, Il might
come to be regarded even by them
selves as misfortune that three OF the
Justices, whose conscientiously enter
tanned views of the law arc counter to
the Interests Of a majority OF the people,
nave yet many years to serve. Ofcourse
the bench will be so changed as to re-
verse maiorties ON many questions long
before their terms expire, so that the
question is one worthy Of consideration
from the standpoint of their personal
comfort merely.-[Daily Alta California,
May 80.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1886-02-12
A Trec-CliInbinu Fish.

OF oil land-fr"qucnting fish, however,
by far the most famous is the so-called
climbing perch of India. which not only
walks bodily ont of the water. but even
climbs trees by means of special spines.
near the head and tail, so arranged as
10 stick into the bark and enable it to
wriggle its way up awiwardiy. some
thing after the same fashion as the
looping of ca!crpillars. The tree
climber is Il small, scaly fish. seldom
more than seven inches long; bat il has
developed Il special breathing apparatus
to enable it 10 keep up the siuc% of oXy-
gen on its terrestrial excursions, which
may be regarded us to some extent the
exact converse Of the means employed
by divers to supply themselves with air
under water. just above the gills, which
form, of course. its naturally hereditary
breathing apparatus, the climbing-perch
has invented new and wholly original
water-chamber, containing within it a
frilled bony, organ. which enables 1t to
extract oxygen from the stored-up
water during the course OF its aerial
peregrinations. While on shore 1T
picks up small insects, worms, and
grubs; but it also has vegetarian tastes
OF its own, and does not despise fruits
and berries. The Indian jugglers tame
the climbing perches and carry them
about with them us part OF their stock
in trade; their ability to live for long
time ont of water makes them useful
confederates in many small tricks which
seem very wonderful to people accus-
toned to believe that fish die almost ut
once when taken out of their native ele-
ment.-Graat Allen in Popular Science
M0nthly.