Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-19

Va A-'AC-N, La hiloSEb
The RECORD UNION has gathered mass
of opinions from prominent citizens. only
few of which Ii can find room Tor this
morning, on the now absorbing topic OF
the extra session and its purposes.
Hon. H. o. Beatty, ex-Supreme Judge of
Nevada, says be had much to do with the
reorganization of the Supreme Court under
the new Constitution, by way of studying
the best methods, and advising with the
Convention members. But the plan that
body agreed on was not as he hoped for.
He had urged the Department system. But
ii was to be Court of seven, three to be
elected in each Of two districts, with a
Chief Justice TO be chosen at large.
Power was 10 be given the Legislature 10
erect more departments as needed. On APP
piications for rehearing the Chief Justice
could send case to bank if there appeared
to be any doubt as to the decision made by
department, and in some other cases.
The Court would sit in bank twice year.
His idea was somewhat after the New York
system. Judge Heydenfeldt issued a
pamphlet on the subject. With him he
had consultations. The Heydenfeldt plan
was, practically, that now in vogue. The
system certainly needs to be changed, but
he doubted much the wisdom of the sudden
CATION his opinion was not really formed.
He inclined to the doctrine that the State
should control the waters and provide for
equitable distribution under, possibly, O
system of starage and saving of waters that
go to waste; there should be no
monopolization of the waters. But, like
| many citizens, he had not formed positive
opinions. 1t was great subject, full of in
tricacies, and he had not the clearness OF
information or that insight as yet to wed
| himself to any plan. As to the decision OF
! the present Court as to riparian rights, il
| was clearly sound law. The Court inter.
preted the law as it is. But the riparian
doctrine is inapplicable to the physical con-
| ditions here, and it should be declared in
| applicable here by the proper authority
but the Court is right as the law stands.
CLINTON L. WHITE
| OF the Sacramento bar, did not think the
State prepared by sufficient discussion fol-
| the question. Did not believe the people
thoroughly understand it, or that they
know just what they want He knew his
own mind was not settled as to irrigation
He had thought the State should control
| the waters and secure their distribution
There is water enough going to waste in
California, If properly stored and used as
needed to open up possibilities TO this State
that would make it veritable Garden
of Eden. Riparian and appropriation
rights are proper TO be legislated
upon. but it ought to be by a
Legislature elected after thorough and ex-
haustive and calm discussion by all the
people. AS to the Supreme Court, we have
a good Court The department system is
all right, only there are not departments
enough for the increasing business. Com
paratiyely few cases arise in which hear
ing in bank is obtained. If Judges honestly
interpret the law as they believe it to be
and then are to be removed for that, il
establishes a most dangerous doctrine, that
ieopardizes personal and property rights