New-York tribune., 1896-11-17
MILLIONS WERE INTOLFEL
CALIFORNIA IRRIGATION LAW UPHELD
BY THE SUPREME COURT.
VALIDITY OF sI6OOoOOO BONDS ISSUED UNDER IT
AFFIIMED-FOuRTH TRIAL FOR AN All
Legged MURDEf ER-OTHER DE-
cISIONS ANNOUNCED.


crsIoNs ANNOUNCED.
Washington Nov. 1G-After litigation extending
over a perod of five or six years. the California
statute locally known az the Wright irrigation Id"
has been pronounced constitutional and valid by the
Supreme Court Of the United States. and the vadi-
~ Of $4,000 of bonds issued hereunder afnrnt
The decision was announced to-day by Justice
Peckham. I'm the Of the Fall BROOK irrigation
District et al agt Maria King Bradley 'nl hts
! band. appealed from the Circuit Court ior Tie
Southern District Of California. Another appeA'
before the court also involving tn" ans Law was
disposed of at to-day's session. which can, irCHi
the Supreme Court OF the State-Wilam Tregea
au the Modesto Irrigation District Tn" ours ne
low enter. Numerically opposite judSinent'-tne
Circuit Court holding that the law was uncoHs'itu-
tiona and the Supreme Court of the state holhihs
that II was constitutional The Tregea asc nal
been before the Supreme Court of the tni"I states
for more than two years. and after having Deeh
argued once. rcassien'd for another ars'W'h'
in connection with the Fall Brook case. The ar%u-
ment took place last April. ex-fresidehl iidrIiSo
supporting the law.
The complainants In the two cases attacked the
law on the ground that 1t unconstitutional vo-
lating both the State and Federal constitutions the
latter in that In effect 1t took away priVat" property
without due process OF law. Judge Mckenna. OF
the Circuit Court. decided that the act did pfac-
ticaly take the property OF the Bradleys who are
alien residents OF san Diego County. without que
process OF law. and granted the injunction asKe"
for In the opinion disposng of the case Justice
Pcckham refers TO the vast extent OF the ara
region and the great importance to those living In
IL Of the scheme to improve It's condition by irrsa
ton Taking the California law as a model he said
seven or eight other States In the arid belt had
passed similar laws to assess lands Tor the cost OF
constructing irrigating works and condemning
other lands for right OF way of these works. pro-
cecdngs under which were awaiting the result OF
ifst.t Sflrra
no difficulty Justice Pcckham said. In coming to
the same conclusion reached by the California state
court-that the irrigation Of arid lands l. rubIi'
purpose that the water thus used Is put 20 public
use. and that act providing for Irrigation Is a
valid exercise OF the legislative power. The judg-
ment OF the Circuit Court therefore oVerruled
and the r"mandcd for further proceedings not
Inconsistent with the opinion Of the Supreme Court
OF the United States.
chief Justice Fuller and Justice Field II was an
nounccd disscnied from thc opinion Of the Court.
Tn. decision of the Court In the case from tn"
Modesto District which came from the Suprem"
Court Of the STATE" announced 10y Justcr
Brewer. The consiitutionhliiy Of the law. he said
case, and th. Modesto case was disposed OF brief
~ on the ground mat II presented no question Tor
justices Harlan. Gray and Brown dssented
The famous and important appeal OF John Brown
from ia" Judgment OF tn" District Court for tho
l. the Tinted states supreme Court and Brown
will have fourth trial on the charge Of murder
INK Josiah Poorboy and Thomas Whitehead. United
States officers. Ia the ch,rok". Nation on Decem-
b"r :. ls,i
The Supreme Court by divided court to-day
y'rm'd the ease of Iiill Corcoran from the Su-
li'n- Court of Colorado. I'M the United
State marshal for Colorado. and under writ OF
attachment issuing oui OF the United Sta's Court
had seized "a stock Of boots ana shoes alleged 70
be the property OF the Bay State Shoe and Leather
Company. OF Iosfon. corcordn. VINO not
party to tn" suit In the Circuit Court alleged that
III" goods Ia question belonged TO him. and prayed
the irav" OF IN" Circuit Court TO determine. the
question Of ownership In the : ate courts. Such
I'rms>5r saving lr'n granted tOrcOran sued
Marshal iIill in the state Court for the recovery
of the goods or their value" Verdict and judgment
were rendered IA his favor. aud Iiill went to the
ground that tn" State courts without juris-
d.ytOn TO the question OF title goods held In
tn" possessi OF Federal marshal under a Federal
writ of attachment. This contention oy,rrulcd
hy the Supreme Court and tn" case WAS appealed
10 the Supreme Court Of the United States II
twic" argued here. and as the decision by
divided court only tn" question involved that of
Joint jurisdiction OF state ana Federal courts
The same subject matter VIII probably come up
again for determination
II tn" people IN Dane County. Wis. who In 1889
wanted TO drain certain lands Madison. IN,
capital Of the STATE. still dcsirous Of proceed
United States to-day having affirmed the Judgment
of the Suprcrl" Court OF IN" State that the pro-
tecdincs under the ;aw providing for the appoin-
mcni Of Draining Commissioners regular and
the law constitutional
Adjourned until Monday. November 30 when the
c;l will be- Nos. 5i9 81 222 3si. ~, 5li ,l5 81 81
ard 5i3