The herald., 1893-10-10

In January. 1856, the thirteenth legis-
laturs OF Arizona convened at Prescott,
and the writer of this article was men,
Der of the upper house, elected from the
five southern counties of Arizona. Fore
seeing the disastrous effects upon the
busy infant commonwealth of Arizona if
the false and pernicious doctrines an
nounced in Lux vs. Haggin should be-
come planted in it's jurisprudence, he
Immediately introduced an act in that
legislature which in due course became
the law and reads as follows:
No. 6S.-An act to amend section Z,
chapter 81 of the compiled laws of Ari-
zona.
Be it enacted by the legislative as.
sembly of the territory OF Arizona:
Section 1. That section Of chapter
81 of the compiled laws of Arizona is
hereby amended to read as follows !:
The common law of England. 30 far as it
is consistent with and adapted to the
natural and physical condition OF this
territory and the necessities of the
people thereof, and not repugnant to or
inconsistent with the constitution and
bylaws of the United States or bill OF
rights or laws of this territory or the es-
tablished customs of the people of this
territory is hereby adopted and shall
be the rule of decision in all the courts
of this territory.
The second section provided for the
repeal of all acts in conflict, and the
third section put the act in force imme-
diately.f13'' 9dg iC lil2sas1ats
In the revision of the territorial laws
in 1887 this section, as amended in 1885,
is retained, and it is now of the organic
law of the territory.
The legislature of 1893 passed two
minor acts concerning irrigating waters
(session laws, pages 135-l49). The
first act relates to the appropriation OF
water and the construction and main
tenance of dams, reservoirs and canals,
and a proper record of appropriations
and titles, and the second act is in rela-
tion to regulating canals and bitches
built and maintained ior the purpose oil
conveying water to consumers for hire.
The provisions OF these acts are few,
simple, easily understood and not oner-
GUS, and are mostly matters of detail
in the construction and main enance OF
such ditchss. Freed from the threat
ened dangers Of the dangerous princi-
pies laid down in Lux vs.. Haggio, and
unburdened by any imprgcticable, top
heavy, unsaleable, hand-ridden Caliior-
MIA Wrights act, and stimulated by
wise and appropriate legislation, the
initiation, growth and expansion of irri-
eating enterprises in Southern Arizona
in the last few years are almost beyond
belief. Hundreds of thousands OF acres
of as fertile land as the delta of the
Nile. and n the most genial, health
giving and enjoyable climate in North
America, are under the bitches OF the
Salt river, Santa Cruz river and Gila
river and the Colorado river valleys.
The prehistoric bitches which ages be-
fore Caluja de Vaca and his companions
tramped their weary way owe,
towards Cuiiacar, in the early part ol
the sixteenth century, supplied the plain
and the great city OF the Casa Grande
with water, hes been again re-opened
and the desert plain is again blossominp
as the rose; and amid the ruins OF the
dead city the laugh of children in place
of the yelp Of the coyote is now heard
and old men are now living who will see
in those once desert valleys million
people dwelling in their happy homes
having an abundance of all the good
things of this life, wishing for no other
home and envying the possessions ol
no other people on the earth.