Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1886-07-17

dient and necessary for the public welfare
that the Legislature should be called To-
gether The suprume Court OF the State in
a recent decision announced that the RI
parIan owners along the innavigsble
streams in California owned the flowing
waters In such streams and are entitled TO
the exclusive right TO use the same. The
wide spread disaster which this decision
threatens to the agricultural interests. aud
the consequent genera excitement aud APP
prehension make II proper that the iesisla
tive and executive branches OF the govern
ment should take prompt and efficient &C
ton to prevent the injurious consequences
which will otherwise inevitably flow from
the establishment Of such rule Of law by
the highest court In the commonw saith,
under the sanction OF the laws and customs
which prevailed In California, when II was
acquired from Mexico; under the proteo
tive policy Of the National and State dow
eminent, and In harmony with the climatic
aud physical characteristics Of the country
a splendid system OF irrigation has grown
up since the American occupation. The
flowing waters were deemed public prop
erty and were considered as dedicated TO
the use OF the people. The right to appro-
pirate water for irrigation was regulated by
custom and by statute law. Most OF the
soil OF California was public land OF the
United States, but Congress expressly sano
toned the custom Of appropriation and d.
version Of water expressly authorized 1t
upon the public domain. The practice OF
irrigation was thus allowed to become gen
eral and marked the progress OF the agricul-
turai development OF the state. The larger
part Of the great valley Of California and
most Of the southern portion OF the State
were In q desert condition. owing to the
aridity of climate and soil. Irrigation has
transformed large areas OF this splendid
domain into luxuriant fields. vineyards
and orchards; hundreds of millions sof
taxable lproperty have been created
many thousands of happy homes have been
planted; colonies, villages and towns have
sprung up aud an Intelligent aud Indus
trious population has been invited from
abroad to develop the resources OF the State.
The agricultural prosperity already achiev-
ed and the future possibilities OF Southern
California and OF the great valley. which
comprises much the larger part OF the arabic
land of the state have depended and will
depend upon the ability OF the people to use
the waters OF the state for irrigation. The
majority Of the Judges OF the Supreme Court
have announced that any riparian proprIe-
,or nav obtain an Injunction against any
nerson not a riparian proprietor. to prohibit
him from appropr,ating. diyerting or using
water from the stream above his land. I'm
dor this ruling the bitches aud canals which
are the arteries of the agricultural life of
tbs state may be closed by writs from the
courts. and that. too. upon ex parte applica-
lion. without notice or warning or opportu-
n,,v If hahn. hazard untl, after irretrteyable
dsm.ve has been done. Many such suits
,,,nn wr,,s NJ ,,iunc,,o, have
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u.s e,o,,a an .,.
an, o,,.rs
...n.. A., o.
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'os- 49,.
p.o,so a,a,as ha v,ng nm
1T, .,,u .,u,,.r IN o,r own bave con.
and s,.,r,a laws m tho
.,,,r,. "a ,h.,r co,d,.
,.,t..,,. ,,., ,o,rso
,,.o.,,,.,. ,,.,oo,,,asa
..,,a..,,., and nsr,,o,,.r,v n, tho ruin
.,,, ... ,,.a,v IN t,ow from
,,.,,,...n,o n.aoo,r,no rocsn,,v an.
$1,000. ~, ,,a arnr.a corr, M IN
water rights. It seems to me imperative
that the s.eeutiye and the legislature
should take Immediate action to confirm to
the people the right to a free use of the
flowing waters. which is essential to their
nro.nsritv and to the welfare of the State.
A,o,har n, after n, great public concern Is
,ho concentration NJ the supreme Court,
r,,. ox,.,,no .vs,sm has not given satisfac.
40, an, tho .v,s sro growing worse. tits
,. III. h,s,,ass Ia
,,,.,.,,,.. thu craa,,op NJ