The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1913-01-29
Senate Measure No. Az
Takes Advantage of Saw
ing Clause in Famous U. S.
Supreme Court Decision
Apparently Delivering
Ranchmen to Neighbors
vSHOE PUT ON OTHER
FOOT CAUSES HOWL
Sagebrush State Tribunals
Will Try All Cases-But
Under California Laws
and These Will Give a
Square Deal to Agricul-
turists of Sierra Districts

Virulent attacks on California and
Californians in Nevada newspapers and
by speakers at mass meetings during
the last week have been included in
objections directed at the bill intro
duced in the senate of this state aimed
at preserving to California ranchmen
the rights over interstate streams
which they have enjoyed these many
years.
In this stah4 the bill has escaped
notice, having been quietly passed on
ate with no comment on the fact that
st meant more millions to the state
than the entire bulk of legislation in
troduced at an ordinary session.
Users of water on the California side
of the line have accused their Nevada
neighbors of entering into a con-
spiracy to rob them of the water rights
they have used ever since the state was
settled. An ingenious sophism, they
say, induced the supreme court of the
United States to fall in with the
Nevadans' plan. In a decision that
seemed to place the California ranch
ers at the mercy Of Nevada, that court
Mruled that every dispute between Cali
fornia and Nevada riparian owners
mast be tried by the Nevada courts
SAVING CLAUSE DISCOVERED
It is now recalled. under the changed
aspect of the case that the sagebrush-
ers were jubilant over this decision
and predicted that there would be no
uncertainty as to the ownership of
the water that rises in California and
flows into Nevada. At that time. it is
related. Nevadans said the California
ranchers would have to move off the
land where their homes had been
reared because the supreme courts de-
eision appeared to be that Nevada
could come across the state line and
forbid California to use their own
streams, if they happened to flow
across the line into Nevada.
Attorneys discovered, however, that
there was a saving clause in the ia
nous decision. The supreme court
ruled, indeed, that the courts of Ne
vada possessed Jurisdiction. but that
the cases arising under this decision
must be tried under the laws of Cali
fornia-
REMEDY SIMPLE NATTER
1t then became a mere matter of
passing laws to assure to California
the ownership of its streams. And
now the bar of the state is laughing
at the fury Of Nevada over the reversal
of the situation in case the law in
question is enacted. The measure
which is expected to save the state of
California untold millions, and which
is the target of the denunciat tions from
across the line, is senate bill No. Az,
entitled:
AN act to amend the civil code of
the state of California by adding
new section thereto to be numbered
1,&ioa, relating to the water of all
natural streams carrying water from
the state OF California into any other
state, and defining relative rights to
the waters of such streams"
The bill provides:
The entire flow of water in any
natural stream which carries water
from the state of California into
any other state is subject to use in
the state of California, under the
laws of the state of California, and
the right may be, so far as not al
ready acquired by use In the state
of California, acquired and held un-
der the laws of the state of Cali
fornia The rights to the use OF
such water held under the laws OF
the state of California shall be
prior and superior to any rights to
the waters of such streams held
under the laws of any other state.
CALIFORNIA HAS BEST OF IT
The situation is said to be unparal-
Ieled in riparian litigation on account
of the peculiar situation of California
in this, that no stream arises in another
state and flows into California. Hence,
1t is pointed out by experts in water
laws, there is no chance for any other
state to retaliate If California chooses
to avail herself of the permission of
the supreme court to lay down the
Interstate streams must be tried.
James f. Peck, admitted to be the
foremost authority on western riparian
laws, said yesterday:
~The amazing situation created by
tEM supreme court OF the United States
relating to interstate streams would
appear to be met with neatness and
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