The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-01-23
TYLER ISLAND RECLAMATION.
A Suit Which is Attracting a Good
Deal of Attention.
c. W. C1arke's Suit Against William
Iagau for Compensation for Pump
ing the Latter's Land Dry.

Judge Catlin is engaged in hearing the
case Of c. w. Clarke VS.. William Iagau,
with jury composed of the following
citizens: D. j. Long, George E. Keuchler,
Daniel Foley, Louis Lothhammer, George
Clifford, Q. G. Hartig, George Higgs, c..
Linnell, Harry White, George Little,
e. Patterson and John Z. Cooper.
The suit is brought to recover the sum
OF S654 rs, alleged to be due from the de-
PENDANT under an express promise made
by him in the spring of 1890 to pay what
would be his share pro rata among the
other landowners on the island for keep
ing the water off his land.
The defendant claims, however, it APP
pears, from the line of questions his at
torney has been propounding in cross
examination, that he never made any
promise of any kind to Mr.. Clarke, nor
was he benefited by the pump running.
by reason of the situation of his land.
The plaintiff is represented by Hon.
Grove l.. Johnson, and the defendant has
retained Major w. A. Gett to look after
his interest.
John Miller was the first witness called
by the plaintiff, and he explained the
general topography of the country; that
dG Liz upper pdTG Oh lYlGr island E,ULO
acres Of land had been inclosed in leyees
and the land comprised the farms of Mrs
Lizzie Miller, G. w. Clarke, Mrs. Rebecca
Thisby, Mrs. n. Greene Curtis, Frank
De Bald and William Iagau; that this
land was known as Reclamation Dis
tricts Nos. 1916 and 364; that in Decembe
1886, he caused to be erected a valuable
pumping plant at the mouth of Whitta-
ker Slough, which is the junction Of the
waters from the land Of Thisby, Curtis,
De Bald and lagau coming down the
slough through the center of the island
and the large drainage canal, fifty feet
wide and four feet deep, which carries
the water from the lands of Mrs. Miller
and c. w. Clarke, the plaintiff, and that
the pump, with the building known as
the 'pump-house," cost about ST.
Mr.. Miller presumed that, as this pump
had a capacity of 10000 gallons TO the
minute, 1t would draw out the water con-
tanned in these two reclamation districts
After this time Clarke became the
owner of large area of land in this dis
trict, and among his purchase was the
pumping plant Miller had erected.
Now 1t appears that the people owning
land in this district were haSty in COM
ing forward and contributing toward the
expense of running this pump. But in
the winter OF 1SS9-90, when the country
was deluged with water, and all the
ISldIu WAS dilOdJ, MI. clarke llaQ taken a
drive down to the pump to see how
everything was working, and on the way
back, came up the levee by Mr. Iagau's
house. They met and began to talk of
the horrible fail of water. and Iagau said
to Clarke, in the presence of Miller, that
he thought that every person should pay
for pumping, and for Clarke to go ahead
and he would pay his share to get the
water off his land. The pump was run
from Decembe Z, 1889, to June IL. 1890,
and did a great deal of good. All the
land on the east side of the island, where
the land of Mrs. Miller and Clarke lies,
was comparatively free from water. and
on the land of Iagau the water also re-
coded so that crop was put in, and what
water was left on Iagau's land was evap-
GRATED by the sun, so that by July 4th his
land was clear.
The other witnesses called were John
D. Hutchinson, the engineer who tended
to the pump; G. w. Cannon, who leases
the land of lagau, and who testified that
lagau had told him he would attend to
the pumping, and James e. Town. who
knew about the pumping, and who be-
heved that the pumping was great ben
eft TO all on the island.
| Z. w. Clarke, the plaintiff, was the last
witness, and he testified in confederation
| to what Mr.. Miller had said about the
! benefit from the pumping, the cost and
| the conversation wherein Iagau had
! promised To pay for pumping.
a noticeable fact was that nearly all the
large landowners of swamp land down
! the river were in court, and watching
the case with great deal of interest.
| The case was not finished and will he
resumed next week.