Imperial Valley press and the Imperial press., 1906-05-12

the same showing of effort expendI- ture. and results that they do every where else in the United States, our people would all have title to their lands, and such thing as borrowing money on water stock would be un- known. There Is no other place in the United States where the Desert Land Act Is more fully and completely ful- filled by the settlers than In this Valley. It Is this honest fulflllment of the law and full reclamation of the land ooup- led with the dilatory action of the gov ernment in getting the land surveyed and titles granted that compel our peo- pie to cucumber their water stock for a few hundred dollars while building up a property worth many thousands, on land which the incomplete character of their title renders an unavailable asset. Our query as to whether our water right would be absolute In case we paid off the mortgage on our stock in Imperial Water Go. No. 1 was an- sweved by Commissioned Richards with the statement that it would be suff cient if It vas acquired In accordance with the laws of California and referr- ing us to Sections c24, 552 and l4l2 of the Civil Code of this State.
 The Section referred to by him reads as follows:
 Sec. 324 Shares Personal Property.
 Transfer of Stock. Irrigation Stock.
 Whenever the capital stock of any corporation is divided into shares and certificates therefor are issued, such shares of stock except as hereinafter provided are personal property and may be transferred by endorsement by sig nature of the proprietor, his agent, at torney or legal representative and the delivery of the certificate, but such transfer is not valid except as to the parties thereto until the same is so en- tered upon the books of the corporation as to show the names of the parties by whom and to whom transferred, the number of the certificate, the number or designation of the shares and the date of the transfer.
 Provided however that any corpora tion organized for or engaged in the busi- ness of selling, distributing, supplying or delivering water for irrigation pur- poses or for domestic use may in it's by laws provide that the water shall only be so sold, distributed, supplied or de- livered to owners of it's capital stock and that such stock shall be appurten- ant to certain lands when the same are described in the certificate therefor. And when such certificate shall be so issued and certified copy of such by law recorded in the office of the County Recorder in the county where such lands are situated, the shares of stock so located on any land shall only be trans ferred with said lands and shall pass as an appurtenance thereto.
 Sec 324 Civil Code as amended in 1895. (James II. Deering edition 1903. )
 This is the law regarding mutual water companies. It does not appear to be clearly mandatory or such water companies to make their water stock appurtenant to the lands on which it is located, though a close reading of the entire Section would justify the conclu- sion that 1t is what the legislature in- tended. While this is moot ques- ton, and we understand. has been de- cided both ways by the courts, the next Section. referred to by the com missioner No. 552, of the Civil Code, appears to remedy any defect which might appear for this reason. This Section reads as follows:
 Sec. 552. Whenever any corporation organized under the laws of this state