The record-union., 1896-01-24
CALIFORNIA IRRIGATION CASES.
Argument Begun in the Supreme Court
of the United States.
The Question at Issue Being the Con-
stitutionality of What is Known
as the Wright Law.

/ WASHINGTON, Jan. 23.-Argument
in tine California irrigation cases was
begun in the Supreme Court of the
United States this afternoon. These are
the cases which ex-President Harrison
has been engaged to argue in support
OF the constitutionality of what is
known as the Wright irrigation law of
the State of California, and which have
been pending in the court, upon appeal
from the Supreme Court of the State
fo1 two or three years, and upon appeal
from the Circuit Court of the United
States for California since last spring
| The ftrst-named case, that of William
Tregea VS.. The Board of Directors of the
Modesto Irrigation District, was argued
at the last term of court, and it is as
sumed that the eight Justices who then
constituted the bench were divided upon
the questions at issue, because it was
reassigned for reargument before a full
bench. It was later consolidated for
argument with the case of the Fan
Brook Irrigation District ct al VS. Maria
King Bradley, which had come to the
court in the meantime on appeal from
Judge Ross decision in the United
States Circuit Court. The Supreme
Court decided that the law was consti-
tutional, while Ross held that it was UNI
constitutional
The parties to the litigation are prop
| erty-owners and the Boards of Trustees
OF the respective irrigation districts,
the former complaining that assess
mentS by the latter to pay the expenses
o. the irrigation improvements and the
construction of the latter upon the prop
erty constitute a taking of property
without due process of law, and a con-
version of private property for public
use without due compensation therefor,
in violation of the Fourth and Fifth
Amendments to the Constitution, re-
spectively.
Under the operations of the law a
large number of bonds have been is
sued by the Boards of Trustees of these
districts, in anticipation of the assess
ments, and the validity of these is
drawn in question. The cases have en-
gagged the attention of an unusual num-
Der of distinguished attorneys who were
present in court to-day.
On motion of President Harrison.
two hours additional time was granted
for argument, making six hours in all.
w. d. Guthrie of New York, who made
tax at the hearing last spring, was
given leave to file brief by himself
and Clarence Seward, on behalf of hold
ers of bonds interested
The argument was begun near the
close of the afternoon. 1t was opened
by Thomas B. Bond of California, at
torney for Tregea, in opposition to the
law, and continued by A L. Rhodes, ex-
Of hp of
California, counsel for the irrigation
districts, in support of the law. 1t was
shown that the Wright law had been
in force in California for ten years, and
its validity sustained by the Supreme
Court of the State in no less than
seven cases. The law has been adopted,
in almost identical language in the
States of Idaho Nebraska, Nevada,
Oregon and Washington.
Judge Rhodes will conclude to-mor-
row, and will probably be followed by
George H. Maxwell, attorney for the
property owners in the Fallbrook dis
trict cases. Mr.. Harrison is expected
to speak next, followed by ex-Judge
Dillon. both for the law. Joseph H.
Choate will conclude the argument,
which will run over into the session of
Monday next, in behalf of the property
owners.
This arrangement may be varied,
however. as several other counsel are
present and it may be deemed best to
have them take part in the argument.
Among these are c. c. Wright, author
Of the law involved; r. Percy Wright.
who has had charge of the litigation
in California, and w. D. Guthrie.