The record-union., 1895-07-29
PUBLIC AND PRIVATE SYSTEMS OF
IRRIGATION.

K
IRRIGATION.
We have already said that in our opin-
ion Judge Ross was uninfluencsd by any
other consideration than a fair judicial
determination to find and declare the law
Of the case at bar.
We have already said that the conclu-
sion reached is public misfortune. The
consequences of Judge Ross decision are
very far-reaching; and fully believing
that that decision will be sustained by
the Supreme Court of the United States,
the question arises as to what shall now
be done to reclaim the fertile but arid
acres of California. We venture the opin-
ion that the Supreme Court of the United
States will not find Judge Ross conclu-
sion erroneous, and we predicate this con-
clusion upon the well-known judicial
trend of that august tribunal.
In modern times tendency has arisen
to appeal to Governmental assistance in
everything. Public corporations, State
aid and Governmental enterprises are in
very large measure supplanting private
undertaking. The judiciary of the coun-
try has not been able to keep pace with
the tendency of the public mind indi-
Gated. Thus Judge Ross finds that
the fertilization of arid regions by
methods of irrigation is private
rather than public enterprise. In this
finding he has declared that the uses to
which the money of those who owned
property within the district sffected-is
private and not a public use In short.
the decision means that the only corpora
ton authorized to assess and levy taxes
upon property and to enforce the ex-
treme penalties for the non-payment of
such taxes Is civil Government, organ
lied for the perpetuation of civil society
and preservation of civil liberty and the
regulation of civil rights and privileges
of men.
It Ia for this reason we entertain the
opinion that the Supreme Court of the
United States will confirm the decision
just rendered by the United States Cir
cult Judge. The question arises what is
to be done. The beneficial effects of irri-
CATION will not be disputed. The San
Joaquin Valley embraces about ten mil
lion of acres of irrigsble land. For The
most part the annual rainfall is less than
three inches throughout nearly the whole
extent of the valley. The region comes
within the designation of "arid' because
there is not sufficient annual rainfall to
mature crops of cereals. The fertility of
the soil and the climatic possibilities
make the artificial supply of the defi-
cheney of moisture highly desirable.
The development Of the system of irri-
CATION under the proceedings known as
the Wright law" becoming a failure,
the only remaining resort is to the en-
ployment OF private capital. How shall
private capital be induced to embark in
this beneficial undertaking? Obviously
by q reasonable guarantee of profit.
There is a vast volume of money in this
country unemployed. Its Investment
waits the opportunity of profitable en-
ployment. To induce it's investment in
the development of the needed irrigation
systems of California requires:
First-A reasonable security that such
investment will be safe. That the rights
acquired will be secure. That they will
suffer no unreasonable interference in the
way of regulation or of future judicial
determination which will wrest them
from those who acquired them.
Second-The leading inducement to the
investment Of capital is a reasonable ex-
pectation of profitable return. If private
capital is to take the place Of the public
systems of arid reclamation, 1t must be
afforded a perfect guarantee against con-
fiscatory regulation, The people of Cali
fornia can secure at once the needed
capital for the construction of all desirs-
bic irrigation systems by an amendment
to the State Constitution, which will de-
clare that no regula ton affecting water
rates shall deprive the capital invested IN
irrigation systems of a reasonable inter-
est rate on their investment.
Fer illustration-If an amendment to
theEonstitution were effected declaring