The San Francisco call., 1899-11-16

vested for such purposes and encourage
further investments and renewed activity
IN the development Of and supply OF water
70 the arid lands OF the State: and be II
further
Resolved. That while we believe in the
wisdom and justice OF the constitutional
provision making the waters OF the State
appropriated Tor SALE rental and distribu-
tlon public use and subject 70 State con-
troll, II is the sense OF this convention that
the rates TO be charged by companies so
dealing with water should he determined
by some disinterested body 10 be provided
10y law and not a. now. be- consumers Of
water furnished by said companies or o.
ncials elected by such consumers. and that
ali rates should be fair, reasonable and just.
Judge Works spoke at length TO the
resolutions. He said that he represented
water companies that have invested over
81 100000 in reservoirs and distributive
systems. He did not represent, he said.
any antagonism To the purposes of the
convention. II was not the intention OF
the constitution that men who put their
money into systems for providing water
should be robbed.
The following resolution was introduced
by /. VI. Holt:
Whereas. The people OF the State OF Cali
fornia ami Of the arid West and OF the
entire nation are just beginning 10 ap-
preciate the importance OF the work Of re-
claiming not only our extensive and arid
public domain. but also the great and pri-
vate domain now In the hands OF private
whereas. in this great work we have need
az the hearty financial support of the nation
and the state and the investment Of private
capital. and
Whereas. The constitution OF the State Of
California and the laws made In pursuance
thereof are so unsatisfactory in their pos
sible intent that our courts after twenty
years 81 investigation have been unable as
yet 70 construe them because Of their un-
certainty and the fear OF possible final con-
clusions. have reached a point where peo-
pie viii not invest their money in the con-
struction of irrigation works. thus bring
ing the DEVELOPMENT or natural
sources 10 complete standstill; therefore.
be u
Resolved. That both the constitution and
laws need revision and recommend the
calling Of state constitutional convention
ior ne purpose az providing constitution
FOR the state that would be more In ac-
coriance with the ideas OF our people in
the most important and gigantic work ever
undertaken IN this State.
Resolved. That twenty years OF failure in
our present experimental mode Of operation
Il sufficient 10 warrant our people in de-
the wheels of Industrial development IN this
State may not be forever blocked.
Mr.. Holt addressed the convention in
support Of his resolutions and Mr.. FilcheI
Of the State Board Of Trade asked Judge
Works II his resolution attacked the law
or its construction. Judge Works replied
that he attacked the law as construed by
the courts. As the author OF the law.
Mr.. Filcher then arose 10 explain his un-
derStanding Of its provisions. George II.
Maxwell then took the platform TO give
MS views on the resolutions. He said In
part:
believe that in the two resolutions Just
offered there has been brought before this
convention the most important question be
fore the people OF this state to-day IN con-
nection with irrigation development. I wish
20 say further that I believe that every
one that has investigated the actual con-
ditions that exist IN California VIII agree
that better results would exist and flow
from the adoption Of Judge Works resolu-
ton than exist now. 50 far as Mr Holts
resolution Is concerned I shall endeavor TO
show you that everything which he hopes
20 accomplish through a constitutional con-
vention can De accomplished under the opn-
stitution and laws Of California as they
exist to-day.
Judge Works resolution does not ask that
the State shall in any way yield its right
20 regulate or control tho distribution or
water appropriated for public use and I
do not interpret Il as a criticism OF the
present law. except that Il may be pos
sihle that experience has shown thar a bet
ter tribunal may be created for the adiudi-
cation ~ the questions that may arise than
the Supervisors - counties In other words
I sure would get better adjudication