The record-union., 1899-03-02
Evening Session.

AT the evening session Simpson by
unanimous consent, called up his SUBJ
stitute for his bill %, which was on the
special urgency file. 1t provides for
amending the Civil Code, by adding
thereto three new sections, to be num-
bered 494, 495 and 1876, authorizing the
purchase or lease by railroad corpora
1ions created under the laws of this
State. or of any other State or Terri
tory, or of the United States, which
are now or hereafter may be doing
business as a common carrier in this
State, of any or all of the property and
franchises owned, situated, held. or
used wholly or partially in this State
by any railroad company created under
the laws of this State, or any other
State or Territory, or of the United
states, which is now or hereafter may
be doing business as a common carrier
an this State, and authorizing the sale
or lease by any such corporation. as
above mentioned, of any such property
or franchises, or both, which it may
own, use or hold, wholly or partially,
IN this State. 1t was read and ordered
engrossed and to third reading
RESPECTING WATER RIGHTS.
The Senate special file was taken up,
and Davis bill. 662, to amend Section
l416 of the Civil Code, relative 10
water rights, was called up for second
reading. Merehouse offered an amend
ment, striking out that portion limiting
the Act between March -, 1895, and
the date when the bill shall go into eff
feet
Davis explained that in 1895, when it
was known that the present law would
pass, Dick" Thomas, at that time a
member of the Assembly, took advan-
tage of the knowledge and took up a
water right at Daguerre Point, in Me-
yada County, since which time no
water had been diverted and no work
had been performed; but Thomas, I'M
der the Act of 1895. had still held the
right, to the exclusion of parties who
would make the location in good faith.
1t was to make Thomas, within sixty
days, begin work and divert the water,
or allow his right to revert, that the
bill was drawn
Morehouse said the bill seemed to
have been drawn to dispossess Dick
Thomas of his water right, even though
he had complied with all the provi-
sions of the Act of 1895.
Davis replied at length, and the
amendment was lost.
Boyce offered a further amendment,
inserting the words in good faith com
menced the construction of works, .
which was also voted down. The full
text of the bill, which was ordered TO
a. third reading, follows:
Section l. Section 1416 of the Civil
Code is amended so as to read as fol-
lows:
.1416 Within sixty days after the
notice is posted the claimant must
commence the excavation or coustruc-
ton of the works in which he intends
to divert theAwater, and must prosecute
the work diligently and uninterruptedIy
to completion, unless temporarily inter
rupted by SHOWS or rain; provided that
any persons who have heretofore
claimed the right to water under the
provisions of this title between March
%, 1895, and the date when this amend
ment takes effect, and who have not
constructed works in which to divert
1t, and who have not diverted or ar-
piled it to some useful purpose, must
after this amendment takes effect, and
within sixty days thereafter, proceed
as in this title provided, or their right
ceases.
SECOND READING
Work on the special file was contin-
ued and action on bills was taken as
follows: