The herald., 1895-07-26

eft a majority? Have minority no
rights which the law is bound to.protect?
San Francisco Bulletin.
There are more millions at stake than
those now invested in irrigation bonds.
But fortunately there is enough money
involved already to insure strong fight
before the supreme court in behalf Of
public rights. San Francisco Examiner.
The decision of Judge Ross of the
United States circuit court was one of
the things to be expect ted. though it was
not what this county hoped for. But
Judge Ross Judgment is not infallible.
and to the common-sense mind OF one
not versed in law intricacies there are
evidences of weakness in his conclusions.
We have only a short time to wait for the
ruling of the United States supreme court
on similar case, which of course applies
to the FallbrooK issue. and there seems a
reasonable probability that the Wright
irrigation act will be sustained
Diego Sun.
There should be no hesitation in chal-
Longing this decision. The case should
be carried as speedily as possible to the
highest court. and the law defended by
the best of counsel The prosperity of
large districts of the state depends on the
integrity OF the Wright law. The pros
perity of those who are to inhabit mil
lions of acres of the arid and semi-arId
opment of a public irrigation system.
Such a system is declared by Judge Ross
to be forbidden by the constitution, and
until that declaration is reversed the
progress OF the west will be sadly ham.
peIed.-San Francisco Examiner.
There will be an immediate appea
taken from the decision of Judge Ross
TO the circuit court of appeals and
court OF the United States. California
has too much at stake to rest content
with the decision of single federal
judge. which holds. In effect that we
may not do as we please with our own.
and that the interest of the individual
may override the interests of the general
public, as provided ior in carefully
drawn and we'll considered act of the
legislature. which has been approved not
once, but time and time again by the SUI
preme court of the state of California
San Francisco Chronicle.
4 From the time this law took effect many
OF the best lawyers in the state held that
the act was unconstitutional. 1t operated
in way to confiscate property, not for
IA public. but for a private purpose. As
the decision OF Judge Ross turns on the
eonstitutionality of the act, it affects all
the irrigation districts IN the state or
ganized under the act. In many Of these
work is now in progress. More than
1.500,on0 acres are within the limits OF
these districts. This decision will be le-
garded by many as a misfortune to one
of the great industrial interests of the
state. 1t will be viewed by others with
satisfaction. especially by those who have
long maintained that the Wright act was
invalid, dangerous principle and one
utterly subversive of private rights
Oakland Tribune.
6The decision of Judge Ross declaring
the Wright irrigation law uncon stitution-
al will seriously affect those localities
which have proceeded under the law. The
dispatches from Los Angeles giving the
news of the decision do not mention the
title of thee adjudicated upon. merely
stating thar the decision was on a de-
mnrrer in which the corstltutionality of
the Wright act was involved. Judge Ross
holds that under that act land is taken
not for public purpose. 1t is not like
thestaking of property for highway, but
is the taking OF property for the benefit of
property owners, whether they be few OF
many.
The decision, it seems. does not affec
the districts in which the confrmati on
proceedings have been taken. One of the
clauses of the Wright law provides for the
confirmation of the proceedings by su-
perior court. In this particular case tn,
superior court has not ySt confirmed the
court has held in reclamation cases that
where there is confirmation proceeding.
and when, after the close of these pro-
ceedings, the regularitysof the proceedings
is confirmed. then the con stitutionality
of the proceedings cannot be broughtaup.
Whether this be applicable to the Wright
aw remains to be seen.-StuCkton Mail.