davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-02-20

was worth $3.50 per acre, while his water
right was worth $3.50 per acre. That man
knew what he was talking about
Originally the people of ne.ghborhood
would unite and construct ditch that
would divert the water from astream, and
convey it to the lands to be irrigated.
Each land owner would contribute to the
construction of the ditch in proportion to
the amount of land he had to irrlgate, and
then the water would be divided among
the ranch owners according to the acreage
OF each. Land was cheap, and water was
cheap and hence the one was "soshed'
around over the other regardless of ex-
pense or consequences.
AS the new American civilization took
charge of the country more land was re-
quired. More land meant more water.
The land was practically unlimited, and
heretofore there had been an abundance
of water. Men who had used six inches of
water on an acre of land found out by ex-
perience that they could raise just as good
and just as large crops by using only one
inch of water to six acres of land. Those
men had water for sale, and they sold 1t.
Disputes would arise over the title to the
water, and the courts have been kept busy
settling those disputes fer The last half
century or more. There has been more
litigation over the title to water In South
ern California than there has been over the
tltle 10 laIlu, anu lIle courts Oh CdilIOrnla,
from the first Admission day to date have
invariably decided that the right to use
water was property that could be transfer
red from the party of the first part to the
party of the second part A similar line
of decisions In English courts would have
manufactured English common law that IS
held to be so sacred, not only in England
but by many in the United States.
The settlement which a quarter of q CEN
tury ago was using the water so lavish,y
acting under the inspiration of American
enterprise, began to extend the water over
more land. In order to save the water
which was becoming more valuable, the
bitches and canals were cemented. or the
water was turned into pipe lines. More
water was saved and more water rights
were sold in order to put water on lands
that never before had been Irrigated.
Men continued to buy and sell the right
to use water, and the courts continued to
The herald., 1898-02-20


Ttix program, while in strict compliance
with the universal state court decisions,
Is given a temporary shock by a United
States circuit court decision which de-
clares practically that water right is not
property and cannot be sold, and that an
irrigation company cannot make a con-
tract for the delivery of water for any
stipulated consideration. If this decision
had been rendered thirty years ago and
had been adhered to by all the higher
courts, the result would have been that
California would have remained as a
rather Indifferent stock range for long,
horned cattle or short-horned sheep, and
our population would have remained at
10000 in stead of increasing to over 800, 900.
But this obstacle TO progress is not so
serious matter as it would have been
thirty years ago, for ii can be overcome
by whipping the devil around the stump"
1t is not absolutely necessary for a reser-
voir company to sell water rights. although
this would be the easiest and best and most
direct way of accomplishing desired end.
There is more than one way to "skin a cat"
For instance, suppose that the Mountain
Reservoir company had water enough stor-
ed toirrigate l).G0acres of land and water
shed sufficient TO keep up the supply, and
the water could be delivered at point at
the foot of the mountains just above a
tract of $4,000 acres of land that needed
water for irrigation purposes. This 10000
acres of land is held in from 40 to 160-acre
tracts. The land was of little or no value
without water; with water it would be
worth $50 an acre-being practically free
from frost and north winds. The resor-
voir company would be willing to sell a
water right for, say $75 an acre, putting in
a piped system to distribute the water over
the tract. The late decision says practi-
cally that this cannot be done although
that is. the easiest and most direct way to
reclaim the land. but the reservoir COM
pany can buy the land for S25 an acre put
in the irrigation system and then sell the
land again to a new lot of settlers at
prices ranging from $125 per acre Slp and
make more money than would be made
under the other prohibited program al
though it would take more capital. more
work and more time to accomplish the
result. The board of supervisors could
then fix the rate at which the settlers
The herald., 1898-02-20

winter floods were not only of no value but
they were a real damage to the country
because of the property which they de-
Stroyed.
Capitalists started in to make the flood
water valuable. They constructed reser-
voirs in the mountains and filed them with
the hitherto wasting winter waters Large
sums of money were required to construct
these reservoirs. Such sums of money
could not be had for such investments ex-
cept upon the very best reasons to believe
that there would be a satisfactory income
from such investments. The magnitude
of the enterprises was such that the land
owners could not band themselves to-
gcther to construct the works for two
reasons-one. that they did not have and
could not command enough capital for so
extensive an enterprise. and secondly, be-
cause the land owners as a rule were not
men of sufficient business experience to
manage such large investments.
The California courts had held and the
best lawyers in California and in the east
believed that the right to use the waters
thus stored in an artificial lake or reser-
voir, was the absolute property of the men
or corporation who owned the bed of the
lake and who constructed the dam to hold
the waters as they fell from the heavens.
The right of a water company or an in
been questioned in the California courts.
The plan of the reservoir company there
FORE was to sell water rights, if possible,
for enough money to practically pay for
the original investment and then trust the
board of supervisors to allow sufficient
rates to pay the running expenses of the
reservoir company, keep up the works,
make necessary repairs, put in new dam
If one should happen to go out, and then
leave the stockholders a margin of profit
to pay for the risk of the undertaking and
the years of waiting between the date Of
investing their money and the date of get
ting all the water utilized.
The state either ought to allow this much
to men who invest large sums of money
to develop the resources of the state or it
ought TO construct the necessary reservoirs
and do the work it will not allow private
enterprise to do. 1t ought not to act the
part of the dog in the manger.
The herald., 1898-02-20

would pay the reservoir company for their
supply of water annually.
III the water comes from a stream in
stead of from reservoir, 1t would be prac-
tical to transfer the stock of the reser-
voir company with the land when it was
sold-one share to each acre-but settlers
as a rule would object to taking upon
themselves the responsibility of rebuilding
a dam that might go out, or the liability
for damages that might result from such
a break. They would prefer to pay a
stipulated rate for water and let some one
else who knows more about the business
and has more time to watch it take the
responsibility.
Such a decision as the one referred to
may be in accordance with the law of the
case, but if so it is very poor law and
such law should be repealed.
1t is some satisfaction to know that
courts, like human beings, are not in
fallble. They sometimes make mistakes,
and other courts correct them. AS an
example. one court may say that the
Wright Irrigation district law is consti-
tutional and another court may say that
1t is not We cannot always tell by the
looks of court how far or in which way
1t is going to jump.
The supreme court of California a few
years ago decided that the old common
law doctrine of riparian rights was the
law of California This law required that
the waters of a stream could not be taken
out of the bed of the stream except they
be returned again undiminished in guam
tity and unimpaired in quality. What a
nice law for a state where all the waters
of a stream must be taken out of its bed
and used for irrigation and none of it ever
returned again, whether impaired in quail
ity or not. And yet this decision was made
in the celebrated case of Lux VS.. Haggin,
wherein two millionaire land grabbing
combinations were having giant contest
with each other. There was one redeemng
feature about that decision, it was not
unanimous. The vote of the supreme
court on that question was four to three.
Which were right, the three men or the
four men? A majority of one-the same
majority that recently elected Hanna to
the United States senate from Ohio And
the supreme court has been apologizing
for that decision ever since it was rem
The herald., 1898-02-20

uphold such sales and purchases, and to
settle disputes whenever the parties to
such transactions could not agree. Some
times the water rights were sold with the
land, and sometimes they were sold with
out the land, while still at other times the
land was sold without the water rights.
Sometimes the surplus waters of a settle
ment would be sold to be used in an ad-
Joining valley and an expensive canal or
pipe line would be constructed to convey
the water to such valley; and still the
courts affirmed the right to make such
sales, and such transfers of not only the
water but the right TO use the water also.
Capitalists, ever ready to make a good in
vestment thought they saw chance to
make large profits out of the necessities
of the people. Hence they would combine
to construct extensive irrigation systems,
first having bought up all the land to be
irrigated under such systems They would
buy the land for S. an acre, and after put
ting 1t under water system would sell II
Tor $3.50 an acre, having fixed the annual
water rental at very low figure-say .
cents an inch for twenty-four hour flow.
They argued that under such rates the
lands would soon be covered with orchards.
and when the trees came into bearing the
water company could raise the water rates
and charge all the traffic would stand, and
In this way their income would become
very satisfactory whether the owners of
the orchards prospered or not.
The capitalists were not smart The peo-
pie rule this country-a part of the time
and as matter of self-preservation their
legislature passed a law making 1t the
duty of boards Of supervisors and the
governing bodies of Incorporated towns
and cities, to annually fix the price to be
paid for the use of water for domestic
and irrigation purposes. This law, prop
erly administered, was a necessity but It
was not intended that the law should be
so construed as to ruin the state.
The California courts have made some
very foolish decisions, but they have con-
strued this law in a way to protect the peo-
pie and not to injure them.
The waters of the streams being all
practically utilized the ingenuity of man
was set in motion to save the winter storm
waters that annually sweep through the
river beds to be lost in the ocean. These
The herald., 1898-02-20

dered. In one county of the state the
waters of a large irrigation system were
run in violation of the supreme court de-
cision for years, and public sentiment was
such that the court did not dare to enforce
its DEGREES.
1t does seem as though the laws govern
ing water rights, and the machinery by
which those rights have been handled so as
to put the water where it would do the
most good, have been fearfully and Won
derfully made here in California. But the
development of our water system will be
like that of the human race; the fttest will
survive-the mistakes will be remeded-
the right will prevail
Southern California has had an unprece-
dented growth. In twenty-five years we
have grown from a people of 10000 souls
until now we number more than tenfold
that amount. Our wealth has increased
in like proportion. At such a rate OF
growth what would We become in a hun
dred years? A tenfoid increase very
quarter of a century. Don't think of it.
And all this under the disadvantages OF
conflicting court decisions. What would
have been the result if we had had clear
sailing, common horse sense decisions,
such as we ought to have had, and which
we might have had, had no mistakes been
made in selecting governmental officials
Probably it required a few drawbacks to
| make us go slow enough to keep pace with
the rest of the world. An occasional frost,
a north wind, drought, a flood, a court
| decision that brings everything up stand
ing, making us all wonder where we are at,
panic that nobody or nothing is re-
sponsible for, but which sends prices to the
bottom and people to bankruptcy; a presi-
dental election that knocks the eternal
stuffing out of everything. NJ matter which
way it goes-all these obstacles have to be
overcome, and through the apparently
thick gloom of the present the future Of
Southern California comes up smiling-like
a diamond in a thunder storm-and makes
us all wonder whether or not the gold
paved streets of the New Jerusalem are
any Improvement over the surroundings
which we all enjoy in this southwest COR
ner of the greater republic. l.. NH
On July 9Th the earth is father away
from the than q q other Tina
The herald., 1898-02-20
The SChlffman Method is Pre-Fminent
You Do Not Have to Take Something and Run the Risk

have just had nine roots taken out
by the Schiffman Method; they were ex-
tracted without the slightest pain, and
I heartily recommend it to ALL
D. c. MORRISON,
Judge Police Court.
I have had some excellent work done
by DR.. Schiffman, both extracting and
plate work, without pain, and to my en-
tire satisfaction.
MRS. L. c. WHITE,
712 South Grand Avenue.
On account of some unfortunate ex-
perience 1 had in the extraction of my
teeth 1 became great coward in this
respect. Today DR.. Schiffman extract
ed one of my very refractory teeth with
out causing me one particle of pain.
D. K. TRASK,
Attorney, Fulton Block.
The herald., 1898-02-20

1t is with pleasure that state that I
have had several teeth filled by DIR.
Schiffman, and that he killed and ex-
tracted the nerve and filled the root of
one of my teeth, and put on porcelain
crown which cannot be distinguished
from natural tooth, all of which was
done without pain.
JUDSON r. RUSH,
Fulton Block, 2O7 New High Street.
DR.. Schiffman has filled teeth and done
other work for me, and I must say that
he is the easiest dentist that ever worked
for me. The doctor is exceedingly
gentle in his handling and working on
the teeth, and consider his work of the
very best. All his work on my teeth
was PERFECTLY PAINLESS. high
ly recommend him to my friends.
JOHN H. SCHUMACHER,
1O7 North Spring Street.
The herald., 1898-02-20

This is to certify that have had 80
teeth extracted by Dr. Schiffman without
pain or bad after effects, all at one sit
ting. MRS. c. w. SHAFER.
226 West Thirty third street.
DR.. Schiffman extracted an liberated
tooth for me without a particle of pain.
c. H. LEHMAN,
Ticket Broker, 21S S. Spring st.
I can testify that the extraction of a
tooth by DR.. Schiffman's method need
not be dreaded by any one. He surely
does it without pain.
REV S. L. WHITE,
Pastor Boyle Heights Holiness Church.
I had badly liberated wisdom tooth
extracted, without hurting, by DR..
Schiffman. B.F.DAY.
Southern California Music Company.
The herald., 1898-02-20
Beware OF |mitdt0rS!
Only SOC an Extraction


I have just had twenty-five bad teeth
and old bruised roots extracted by the
Schiffman Method, and it did not hurt
a bit.
/ heartily recommend DIR. Schiffman
as an expert dentist, and the Schiffman
Method Of painless dentistry is wonder
full. S. K. HEMPHILL,
Orange Cal.
I have heard much of DIR. Schiffman,
but never fully realized that what his pa
tients said of his work was or could be
as represented until tried him myself.
e. K. PETERS,
6S5 North Thirty-seventh street.
Two badly liberated roots; splendid,
safe and easy operation.
REV. SELAH w. BROWN,
University.
The herald., 1898-02-20

The one DR.. Schiffman extracted for
me was "a wonder" And the way he
did it was also wonder. / did not
know it was out until it was all over.
e. w. MANSFIELD
Business Manager Burbank Theater.
Averse to giving certificates for adver-
tising purposes, 1 am impeled to give
this one for the good it may do others.
DR.. Schiffman extracted badly ulcer
ated tooth for me without pain.
w. H. WHELAN,
Pastor First Baptist Church, San Luis
Obispo, California.
1 have just had five teeth filled and
two pulled without any pain. Had 1
known of this painless method of ex-
tracing and filling I would have come
long ago. MRS. E. R. WERDIN,
237 West First Street.
The herald., 1898-02-20

DR.. Schiffman 1 consider expert BY
experience l find his work painless and
perfectly satisfactory.
II. c. ROVER, M. D.,
Los Angeles.
A son of Governor McCord of Arizona
says: 1t affords me pleasure to add my
name to the list of fortunate ones who
have had teeth extracted without par
ticle of pain by DR.. Schffman His
method certainly robs the dental chair
of all its horrors.
C. J. McCORD,
Yuma, A. 7.
This is to certify that have had %
teeth extracted by DR.. Schiffman, and
HEARTH recommend his method
MRS. s. S. LAMPSON,
22S East Fifth.
The herald., 1898-02-20

J. c. Davis, Tnglewood.
c. M. Baldwin, 265 North Fair Oaks
avenue, Pasadena.
Prof. N Saunders, Professor Modern
Languages, Throop Pol. Institute Pasa-
. dena.
Mrs. c. M. Burr, 112 Wooster avenue,
Pasadena
Mrs. L. G. Blake, Fullerton.
c. Baker, Orange.
I. A. Riordan, Arizona Lumber Com
pany, Flagstaff.
M McCullom, San Gabriel and many
others to be seen at office. --
Rooms 20 to 70
U7 North Spring st.
The herald., 1898-02-20

Col. r. J. Northam.
l.. w. Blinn, Binn Lumber company.
j. r. Newberry, Newberry & Co.
e. B. Tufts, Tufts-Lyon Arms Co.
G. l.. Stearns, Stearns Manufacturing
Company.
Hugh Wallace, Manager Times Print
ing and Binding Company.
W. p. Roberts, Manager Cudahy
Packing Company.
M M. Potter, proprietor Van Nuys
hotel.
f. o. Johnson, proprietor Hotel West
minister.
The herald., 1898-02-20

On July 9Th the earth is father away
from the sun than at any other time
The herald., 1898-02-20

M ana less understood b dentists has advantages
notice public through
The herald., 1898-02-20
RUBBER DENTAL PLATES

O No-xv p.o.e,,
Our lNeW Process gold plates plate
The Florence tribune., 1898-03-26
A FaEmer's Dream.

An exchange tells story of farmer who dreamed he had sold 800 bushels of wheat to that many different persons. A few months passed and the mans bank account ran low, for he sold many bushels on time. He did not have time to see each man individually, so he posted up public notice for all men who owed him to come and pay. A few responded but the rest said: "Aiine is only small matter and I will go and pay it one of these days" forgetting that though each accoUnt was small when all were put together they meant large sum to the man. He stood it as long as he could, and when he found himself starving to death he rolled and tossed until he fell out of bed and awoke to find he had only been dreaming and hadn't sold his wheat. The next day he went to the publisher of his paper and said: Here, sir, Is the pay for my paper, and when next years subscription is due you can depend upon me promptly. I stood in the position of an editor last night and know how it is to have oneis honestly earned money scattered all over the country in small accounts"
The Florence tribune., 1898-03-26
aneI III s D5 IG.

HINDER AND BY VIRTUE OF AN hAEDu- : O tion issued out of the District Court of the Second Judicial District of the Terri tory of Arizona, in and for the County of Pinal. on the l7th day of February lSsS wherein Moves B. Allyn recovered judg- ,,a,t on the 17th day of February, 1sse' .xa;nst Bertha Schultz, Frank Schultz susaua Bauer and John Bauer for the sum of Six Hundred and Fifty-Two and 5O-1OO (s852.5O) Dollars. I this day have made levy upon all the right. title and in- terest of the said Bertha Schultz. Frank Schultz. Susana Bauer and John Bauer in and to the following property to wit: That certain mine or mining claim situate in the Old Hat Mining District, (also called the Mammoth Mining District,) in Pinal County Arizona Territory and known as and called the New Year Mine, notice of location ot which is of record in the office of the County Recorder of said Pinal County in Book No of mines, on pages s29 and sSO, reference to to which said record is hereby made.
 Notice is hereby given that on Monday, the Fist day of March. 1898. at 2:3oso'clock P. m.' in front of the Court House door in Florence Pinal County, Arizona Territory, willseil at public auction the above described prop erty, or so much thereof as may be Reces- sary, to the highest and best bidder. for cash, to satisfy said execution and costs.
 Dated Florence, Pinal County, Arizona Territory. this l7th day of February, 1898.
 f2s-4t ". 0. TRUMAN, Sheriff.
The Florence tribune., 1898-03-26
Counterfeit Silver Dollars.

A Denver dispatch announces the circulation in that city of 8 number of counterfeit silver dollars. It is estimated that there are fully $2,0O0,- 900 worth of these coins in circulation. All that have been found bear the mark of the New Orleans mint, 8 lower-case "o'' under the eagle, and are dated 1888. The government is making every effort to detect the men engaged in this business, so far with out success, though it is believed they are made somewhere in the South.
The Florence tribune., 1898-03-26
IN TWENTIETH ANNUAL SESSION.
Woman's Presbyterian Home Missionary
 Society Reviews the Years Work.
From tho Washington post.l

lrEotn tho VI abhlnStOn fo6t.i The Woman's Presbyterian Home Missionary Society of the Presbytery of Washington held it's twentieth annual meeting yesterday morning at the Church of the Covenant. The meeting was called to order by the President, Mrs. T. s. Hamlin, and dele gates from Ell the churches in the Presbytery of Washington and vicinity were presest-
 The Secretary of the society, Miss Mary Deebie, of the New York Avenue Presbyterian Church, made her report for the past year. and stated that q suitable observance of the twentieth anniversary of the founding of the society will be made in connection with the meeting of the presbytesy, which will be held at the Church of the Covenant during the first week in April. The Treasurer, Miss Fanny Childs, reported that the receipts for the past year from the different churches amounted to about 1000, all of which had been expended in home missions.
 A very interesting address was de- livered by the Rev. Dr.. Whittemore of Arizona. He spoke of the life of . home missionary in the West, and called attention to the successful re- suits of his work of the Rev. MT. Cook, the first Presbyterian mission ary in his vicinity. Mir. Cook has been successful in establishing number of churches among the Indians and in converting many of them to Chris tianity. The old officers were reelected for the coming year; they are as fol- lows: President, Mrs T. s. Hamlin i; Vice Presidents, Mrs. Culbertson, Mrs. w. N. Paxton, Mrs. Spillinger, and Mrs. Luccock; Corresponding Secre- tary, Mrs. John B. Wight; Secretary of Literature, Mrs. Richards Secretary of Young Peoples Societies, Miss Le- Due, and Treasurer Miss Fanny Childs.