The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-27
JUDGE ROSS DECISION.

Heretofore it has been almost the invariable
rule for United States Judges to conform their
decisions to those of States in State matters,
but the "new man" is On the bench now. The
States can hardly do anything nowadays but
what United States Judges may be induced to
see some Federal question involved and act
accordingly Judge made law is the more
alarming because it passeth the understanding
of men to foresee it. To use Scriptural
smile, it often "comes like a thief in the
night" This decision of Judge Ross unsettles
investments from $50 600, 600 to $4,000, 900,
investments made under law that had stood
the test of our State Supreme Judges and OF as
able and careful attorneys as there are in
Europe and America. 1t also casts blight
over many settlements founded on the Wright
law. But we understand Noah and his family
survived the food; the United States, the Civil
War; the railroads, the Debs rebellion, and the
country is likely to survive the second admin
istration of Grover Cleveland, and California
may prosper despite the decision of Judge
Ross.-Pomona Times.
But Judge Ross judgment is not infallible,
and to the common-sense mind of one not
yersed 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
tnere seems u redSOudDle pTODdplllty tHdb INC
Wright irrigation act will be sustained.-San
Diego Sun.
Judge Ross of the United States District
Court has decided that the Wright law is I'M
constitutional. This is an unfortunate decision
for California as it affects the irrigation dis
tricts formed under its provisions. If the law
is in conflict with mandatory provisions of the
constitution, and the Supreme Court affirms
this view, then it will affect the bonds.-Ma-
rysville Democrat.
If Judge Ross lew is less sound than his 10y
atty; if the taking and selling of property
under the Wright irrigation act be really for
"public use'--then the Supreme Court of the
United States can be trusted to so declare. In
fact, that tribunal has always given the benefit
of every doubt in favor of great public enter
prises and acknowledgements Bee.
In these days OF stupendous enterprises, con-
Quoted by enormous aggregations of capital,
we are gradually drifting away from the an
Gent moorings of constitutional regard for
individual rights, and if we are ever to return
to them it will be through the application of
some such heroic remedy as that prescribed by
Judge Ross.-San Luis Obispo Breeze.
The Ross decision will injuriously affect
many, while the State decisions damaged few,
but this does not decide the question of right
and wrong involved. If the Ross decision is
sustained the regret will be that in the enact
ment of the Wright law the Legislature in try
ing to do too much defeated itself by doing
nothing.-Stockton Independent.
The result is likely to be so serious that it
suggests the query whether the law might not
be amended so as to secure investors from loss
and provide a way by which Improvements
now in progress can continue. The expense of
special session of the Legislature would seem
to be warranted by the existing conditions
Riverside Press.
Irrigation is the great question in California,
but the courts have made small Roadway in
solving the legal status OF water. The riparian
question has not been solved, and the water
used by thousands of people in producing mil
lions of dollars worth of products is so used by
sufferance or by shotgun law-Colusa Sun.
The irrigation question is so important for
California that it cannot be allowed to sleep,
and some way of keeping within the constitu-
ton and yet building Irrigation bitches will
have to be discovered, and no doubt will be-
Los Angeles Express.
If Judge Ross is sustained in the position ne
has taken then 1t will be necessary for the
friends OF irrigation to frame new law. 1t is
not for moment to be imagined that the
uCoSit "uotcs dlc W Ie1lelll puucu,-hlNSl-
side Enterprise.
The most serious question affecting the irri-
CATION sections locally is how to adjust matters
so as to keep up the water service established
under the district system, or what to substitute
for that form OF organization or cooperation
San Bernardino Times-Index.
The decision, if sustained, paves the way for
interminable litigation, for the millions of dol
lars OF Indebtedness that exists, and the owner
ship OF the water rights will all have to be set
tied by proceedings in equity.-Los Angeles
Journal.
Ii the decision of Judge Ross is good law,
then the credit of California ought to and will
suffer very materially in the estimation of the
capitalists of the world.-visalia Times.
ON THE SIDE OF REFORM.
With all their faults, newspapers are indis-
pensable, and life would lose half its charms