The herald., 1895-08-04

The late decision of Judge Ross declar-
ing that a minority property holder can
not be made to pay proportionally to carry
into effect measures which a majority
consider beneficial to the political divl-
sion In which both minority and majori-
ty reside, raises the question as to the
power OF majority over streets and pub
iic roads. May not a minority Of proper
ty hoiders prevent needed street i'm prove
ments on the ground that they indiyidu-
ally did not need these impovements? All
taxation rests in the power OF the MAORI.
ty. through the ordinary process of law.
to compel minority to pay taxes for
purposes which majority deem for the
good OF the general pubic. Our public
school system would not last yeai after
this power is denied. There are people
who DO not believe in educating children
at public expense. and others who believe
In education in itself, hut want to deter
mine what kind of education shall be
given at public expense. When any con-
siderable proportion Of parents refuse to
send their children to public schools. as
they are conducted, the public at large
can never feel assured that an effort will
not be made to escape tax the purposes
OF which the persons making the effort 40
not approve.-San Francisco Bulletin.
The more Judge Ross decision ON the
Wright law is considerd. the more disas-
trous it appears to the welfare of the state
ana the more serious is seen to be the
barrier which it raises against the de-
velopment of those localities in which
there is not q sufficient rainfall to insure
the production of crops. If the Judge is
correct In his contention that irrigation
is not a public benefit for the tablish-
ment of which the power of the law of
eminent domain may be invoked, then it
is difficult to see how community can
provide Tor irrigation SO long as single
mil iu n n nj t, hn nv
1t would seem that the issue involved is
one of fact rather than law. There are
portions of California where irrigation is
not necessity, and might therefore be
regarded as concern of individuals rath-
er than OF the public. There are other
sections. however, in which it is an ubso-
lutte necessity. There can be no profitable
cultivation of the soil without it. In
such localities it is certainly a more i'm
portant public concern than any other.
What would be the value of highways or
any other public work in region where
no one can liye?-San Francisco Call.
The decision of United States Circui.
Judge Ross that the Wright irrigation law
is unconstitutional is unquestionably the
most sweeping in its immediate effects of
the decision of any court ever rendered
in this state. 1t places in jeopardy about
fifty million dollars worth of bonds and
if upheld will probably render them
valueless. Some of the best lawyers in
this country have passed upon the law
and pronounced it valid and OH their ad.
vice capitalists have invested in the
bonds. The case will undoubtedly be car
ried to the United States supreme court.
The Pomona Orange Belt irrigation dis
trict was organized under the Wright law,
but fortunately-in more respects than
one-it sold but $1,000 worth OF its
bonds. 1t mas some debts outstanding,
bOwavar and its credlfors are Oow any,
ious to know if the effect of the Ross de-
cision, if upheld, will be to render their
claims against the district valueless as
we'll as the bonds OF the dlstrict.-Po-
mona Progress.
While the decision, if sustained by the
supreme court OF the United States, and
the chances are that it will be, for the
decisions by Judge Ross that have been
reversed are extremely rare. will give rise
to interminable litigation, at the same
time, with regard to the fundamental
point OF law on which the entire matter
rests. it will be generally felt that the
decision is both wise and just. The ak
iom of law that private property cannot
be taken for private use was ignored by
the Wright act. which has received the
approval of citizens IN all parts of the
state, who overlooked the initial wrong
done in their eagerness to benefit COM
munity. No more striking instance of
the injury sometimes inflicted can be
cited than that given by the Herald yes
terday. The Palomares estate was as
sessed S103, 900, and with accrued inter-
est it foots up $780, 600; yet this same es-
tate is and has been fol sale on the mar
ket at $75, 900. Riverside Enterprise.
We look upon the effect of this decision
as of vital importanc ce to a large part of
the people of this county,as well as of the
state at large. 1t is too early yet for us
to correctly com prehend the full effect,
significance and probable results of the
decision. 1t should, however. be borne
in mind that Ross is the very first and
only Judge of any prominence who has
decided against the law. The very points
that the Los Angeles Judge passes upon
have been d decded upon by the supreme
court, both in bank and departments.