The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-11-13

chance to protect himself and not have
his land covered with water coming
down on it from above, and have no
chance to protect himself from it. The
people of the proposed district are will
ing TO pay any assessment necessary to
reclaim their lands by the formation of
the district. The diversity of interests
prevented the getting of pumping
plant. He would like the district to be
kept together, but had given up all
hope of it,
Colonel James McNasser, a large
landowner in the pocket, testified that
some 800 acres of his land was once
under cultivation, but that now only
about sixty acres are out of water.
Where there is now vast bed of tule
he once rented land for which he got
S2O per acre per year.
The new district advocates here
closed, and the .'upperenders" had
their inning.
b. ". CaVanaugh, who owns tract
of land outside the proposed new dis
trict, was the first to testify for the
opposition He said that if a back
leVee were constructed to aid the new
district it would back up some water
on his land.
To Mr.. Bruner he admitted that the
land in the proposed new district IS
now useless, and that back leVee
would benefit it.
J. 4. Hamilton, whose place is near
Willow Slough said that when the
cross levee broke some years ago dur
ing high water the effect was to let
the water off his low land. If back
leVee were again constructed it would
tend to back the water up on the
Mimic, Slausson and Cavanaugh
lands. The formation Of the proposed
new district would, in his opinion, be
damage to the upper end of the pres
emf district
Mr.. Bruner asked Mr. Hamilton if he
thought it right for the highlanders to
have the Pocket maintained as a
drainage spot for their land
Mr. Hamilton eVaded the question by
saying he considered the Pocket the
natural drainage point for that sec
ton.
In response to another question he
admitted having heard that the old
back IeVee was blown up by dynamite.
Frank williams testified that the new
district would divide his property. The
lowest point in the Pocket he. believed
is the Shaler Lake, in the lower end,
and now owned by Colonel McNaSSer.
He thought it would be cheaper to
maintain one district than two.
Mr.. Bruner asked the witness If it
was not the desire of the highlanders
trfct in its present condition as reSer-
voir into which TO drain their land,
and Mr. Williams admitted that that
is all it is now doing.
Daniel Flint, who owns land up near
Sutterville testified that in flood sea
sons a back levee, he thought, would
raise the water on the lower end OF the
upper district for a short time each
Uinter. After the winter rains such a
the water would disappear more quick
" than it now does.
To Mr.. Bruner Mr.. Flint said the
Pocket had for several years been
used as a reservoir to drain surround
ing lands. but it could be reclaimed. He
did not think it right for the Pocket
landowners to be compelled to remain
| in the old district and their lands used
10 drain the higher lands
Having stated that he favored a
pumping plant for the whole district,
| Chairman Morrison asked Mr. Flint II
| he had paid his portion of the assess
ment levied therefor, and he replied
| that he had not. His reason was that
/ the district had been unequaDy as
| SesSnd.
Phil Herzog testified that he drained
his land into the drainage canal and
| the water ran down into the POCKET
He thought that was all right he
/ favored a pumping plant, but would
refuse to pay what he thought was
an unjust assessment. He didn't want
| 10 pay as much per acre as those
whose lands would lie made valuable
| by a pumping plant
Mr.. Bruner asked Mr.. Herzog if he
! thought it right that men in the
| Pocket should pay the bulk of the cost
| for restoring their land from its pres
| emf worthless condition to what II once
was. although men in the upper enc
| of the district had grown rich by
draining their land upon that Of their
neighbors below and running it.
Mr.. Herzog's reply to this was that
if pumping would make Pocket lands
valuable the owners should be Will
ing TO reclaim them.
CHARLES Schreiner. whose place is
south of Willow Slough, gave his rea-
sons for opposing the forma ton of the
nov district. He favored the entire
district operating as whole in the
work of reclamation by pumping, but
! is Opposed to the assessment levied by
the commissioners.
TO Mr.. Bruner Mr.. Schreiner admit
red that the Pocket had for several
wears been used as a reservoir for
draining other lands. He thought
landowners should pay according to
the benefits to be derived from recla-
nation. ;.
Mr.. Bruner asked the witness if he
did not wish to be the judge of what a
proDer assessment would be, and
| though he endeavored 20 avoid di-
rect answer his reply was practically
| 10 that effect. He admitted that prior
TO the movement to form new dlstrlci
/ he did not know Of any of the high
! Iandars having offered to arbitrate the
matter at issue between them and the
| Pocket people.
To Chairman Morrison Mr.. Schreinei
admitted that if new Commissioners
were appointed and their assessment
did not suit him he would refuse &c
pay ii.
! pcnents of the petition had a couple
! roore witnesses to examine, a recess
| was taken until 10 o'clock this morn