The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-26
JUDGE ROSS DECISION.

| irrigation ON an extensive scale, and another
effect will be to revive the doubt. suspense ana
animosities that characterized the discussion
of the water problem several years ago. IL is
singular that question of such almost vital
Importance to California has not yet been defl-
| nitely settled. But as Surveyor General Green
said Tuesday in an interview with THE CALL,
"Here we are at the end of nearly half
century OF struggle with the question In q
worse muddle than it was when the miners in
the ifties found it necessary to make their own
laws regulating tie use of water. 1t looks as II
the American people, with all their boosted in
tell gence, must admit that while they have
an element worth hundreds of millions OF dol
lars annually, an element on the proper hand
ling of which the very life of the State depends,
they are incapable of making law for hand
ling it,"
1t is possible, too that the decision may
affect the district drainage law, In which
case this county will be directly interested
Taken altogether this decision is a most unfor-
tunate one, and should 1t be sustained many
sections of the State will be set back ten years
with no immediate prospect of relief.-SanJ Jose
Mercury.
The question that has been raised as to the
constitutionality of the Wright irrigation law
is of interest to many of our people as foreign
bond buyers Locally we are interested, be-
amount are held by many of our citizens, who
have received them in payment for services
rendered, and they are not financially able to
sustain the loss that the invalidation of the
warrants would entail. Without doubt the
case decided by Judge Ross will be appealed
and be considered by the Supreme Court next
fall in connection with the case taken up from
the Modesto irrigation district Judge Ross
decision does not apply to Sunset irrigation
icfr ut va frno 0f hfc
organization have been confirmed in the Supe-
rior Court of this county, and it is held that
the unconstitutionality of the Wright law
would have no effect in such cases.-Selma
Irrigator.
1t is stated that the Ross decision invalidates
the $25 900 900 bonds of the irrigation dis
tricts in which confirmation proceedings have
not been taken. The total amount of bonds
reported to be Issued under the Wright law is
said to exceed $4,000, 600, and they are held
by American and European investors. The
decision, if confirmed by the United States
Supreme Court will prove most unfortunate
one for the people of those localities in which
irrigation districts have been formed. The
numerous lawsuits that followed the organi-
cation of districts have delayed work and
caused much expense to the people included
in their limits. The fact seems to be that the
Wright law is full of defects, and very little, if
any, effort, has been made to remedy them.
1t allows extravaganza and jobbery, both of
when have characterized the proceedings in
some of the districts if newspaper reports be
true.-Stockton Mail.
Seeing that the law in question has been
many times before the California Supreme Court
and has been sustained by unanimous vote
every time, it is rather more than probable that
Judge Ross of the United States District Court
1, ~ af< rryl,f 11,
will not be affirmed by the United States SUI
preme Court Judge Ross was on the bench Of
the California court ten years ago, and al
though he was recognized as good judge, he
did not tower above the other justices to such
an extent as to lead any one to believe that in
this matter he must be right and all the others
wrong. As Senator Nesmith used to say, the
United States Supreme Court is the tribunal
which has the last guess at case, and we pre-
dict that it will guess that the Wright act is
northumberland ENQUIRER.
Judge Ross of the United States Circuit Court
at Los Angeles has decided that the Wright
irrigation act is contrary to the constitution.
1t appears however, that this decision will not
invalidate those districts whose organization
has been approved by the State courts, only
affecting those which have not been so APP
proved. Included in the former is the Pose
district in this county, which is now approach
ing successful completion. 1t is to be hoped
that this view is correct, as the district named
promises to be large factor in the develop
ment of promising portion of the county
which has been kept in the background be-
cause of the lack of waters lack which could
only be supplied by the district plan.-Bakers-
field Californian.
The decision of Judge Ross that the Wright
act is unconstitutional does not necessarily
destroy the validity of all the bonds issued
under the act because in those cases where the
courts have confirmed the formation of the
corporations and their proceedings another
question is raised which the decision of Judge
Ross does not settle. The case, of course, will
be appealed at once to the Supreme Court,
from which decision is hardly to be expected
for several years; meantime the effect of the
present decision will be to prevent any more
irrigation districts being formed under the
Wright law. The amount of money invested
in the securities of these irrigation districts
is estimated at $4,000, 000.-Los Angeles Ex-
press.
Faith in the wedding of land and water and
growing confidence in the law was gradually
building up the State, and Eastern capitalists
were beginning to take hold Of the securities
offered Under this law, with many others,
the Perris and Alessandro districts came into
x,
many of them being among the assets of the
Bear Valley Company at the time of its fail
ure. What the decision will result in, so far as
these districts or the Bear Valley Company is
concerned, cannot now be stated, but sure it is
that the decision will be read all over the
State with the utmost interest. = Redlands
Facts.
Judge Ross decision declaring the Wright
irrigation law unconstitutional affects bonds
to the amount of $4,000, 900. The majority
of these bonds however, are still in the pos
session of the districts, though large amount
is held in Switzerland. The money expended
by some of the districts, like the Sunset for in
stance, will prove dead loss to those holding
the Indebtedness. Those holding bonds of any
of the districts will be put to their wits ends
to secure anything on them. Of course the
case is not ended yet. 1t will be taken to the
Court of Appeals, and from there to the United
States Supreme Court--Hanford Democrat
In view of the many decisions of the State
courts UNFOLDING the validity of the Wright