Arizona weekly citizen., 1896-11-21

have adopted the laws. The oaee also involved c broad constitutional ques.
 tion of the. right action and tskiLg
 privste property without due process of
 law. Mott of the irrigation districts
 have made large bond issues which are
 affected by the decision.
 | There were two cases before the
 supreme court involving the constitu-
 tioDsiity of the Wright law permitting
 California to be divided into lrrigatlou
 districts nnd property In those di,tst ts
 taxed for the construction of irrigation
 works. PDe of these involved the Fall
 brook Mitigating district srd the other
 the Modesto district; the ssne points
 were raised in both but the Fallbrook
 case was appealed from the decision Of
 the Federal circuit court while the 1 Modesto case was brought up from
 the California state supreme court. In ] the Federal court decision was against
 the Wright law while ID the stste court
 the law was sustained. Todsy's deci-
 sion will apply to both suits,
 The FHllofock case was brought be-
 fore the Federal courts because Mrs. Bradley was an alien. Justice Peck ham
 in his written opinion said tae action | oc SohtbCbSCo Oy DEdQioy TUT b46 purpose of procuring an injunction re-
 straipiug the collector of the irrigating
 district from giviug deed to the pre-
 mises belonging to Mre. Bradley, based | on the sale of her land, made by the ! collector for noopsyment of certsin ss- | easements upon such lands under the act
 Incorporating the irrigstipg district and | to set aside such an assessment and for
 other relief on the ground that the act
 Incorporating the irrigatlng district was
 Tn violation of the constitution of the United States and the constitution of
 ths state of California. One of the prin- | cipal objections made to the law was
 that water taken under it wss not for public use. The court in it's decision to-
 dsy gives this objection nrst place in it's
 consideration. On this point Justice Plckham said:
 "To provide for irrig ration of lands in states where there is DO color of necessI-
 ty therefor within any fair meaning of
 the term and simply for the purpose of eratify ing the taste of the owner or his
 desire to enter upon the cultivation of
 sn entirely new kind of crop not neces- | ssry for the purpose of ofreodering ordiua- ry cultivation of the land remunerative
 might be regarded by the courts as an improper exercise of legislative will and it's use might not be held to be public in any constitutional sense, no matter how many owners were interested in the schems. On the other hand in a state | like California where it couiessedly em- braces millions of acres an aot providing for their irrigation might we'll be regard ca as an act dsvoting water to public use and thereas a valid exercise of leQis. lstive power.
 "The people of California and mem bers of Der legislative body must in the nature of things be more familiar with the acts and circumstances which surround the subject and with the necessities and ocossion of irrigation of lands than can any, one be who is a stranger to her soil. This knowledge and familiarity must have their due GeIght with the state courts which are to pass upon the question of pubic use 10 the light of facts which surround the subject in their own stste. For these reasons while not regarding the matter as concluded by these various declarations and acts and decisions of the people and legislature and courts of California We yet, in con- sidering the subject sworn to. treat them with very great respect and we regard the decisions as embodying the deliberate judgment and mstured thought of the courts of that state o4 this subject. Viewing the subject for ourselves and in the light of these con- alterations We have very little difficulty in coming to the same conclusion as lat reached oy the courts of Cslifornis. The use must be regarded as pu blic use or else it would seem that no gen. aral scheme of irrigation can be formed or carried into effect."
 NORWICH, Conn.,, Nov. 16-The Green vile cotton mills which have been idle
 'iCce July 3rd, resumed operations to-
 day on fuli time. Between 500 and 600
 hands are employed.
 THeMpsoNvILLE, To-, Nov. 1.-The
 Hartford Carpet O., whose factory is
 located here, gave employ ment today to
 100 additional men.
 SAN FRANCISCO, Nov. l6-Leopold
 Meyer. mtn!ng enRineer of Belgian,
 arrived in the iDts rect of Belgian and
 French capitalists ses klrg large invest.
 ments in Californis mines.
 KANSAS CITY, Ncv. 16-A special from Guthrie saye there has been consider
 abe excitement here and at Oklahoma City over the report that Harry Sr. J obn, son of ex-Governor John P. St. John of Kansas was not dead as announced three weeks ago. Young St John was under indictment for the murder of his wife and the trial wss to have commerce d shortly after his death was apDounc- cd