anaheim-gazette 1874-02-07

VOL. IV.} ANAHEIM, CALIFORNIA Southern California Published Every Saturday. RICHARD MELROSE & CO., PUBLISHERS AND PROPRIETORS OFFICE ON LOS ANGELES STREET, (Over Heimann & George's Store.) TERMS For One Year (in advance.)...4 00 "six Months," "..."...2 00 Advertising rates...$1 per square AGENTS: JOS ANGELES.....W. J. Brodrick SANTA ANA.....W. H. Spurgeon GALLATIN.....Frankel Frosch SAN FRANCISCO.....L. P. Fisher BUSINESS CARDS! A. BAILEY, Justice of the Peace. OFFICE IN... Enterprise Hall Building, J. W. CLARK, Notary Public BUSINESS CARDS, ETC. MRS. FLORA ELDREDGE, MILLINER. CENTER STREET, ANAHEIM. Next to Clark's Book Store. LADIES will find Battericks celebrated PATTERNS for sale. HATS and BONNETS MADE TO ORDER MRS. A. HIGGINS, LADIES' PHYSICIAN AND MIDWIFE. Particular attention given to diseases peculiar to women and children. Corner Lemon and Center streets Anaheim. GEORGE BAUER BOOTS AND SHOES Make and repaired at the lowest cash price. All orders promptly attended to, and work guaranteed. Los Angeles street, opposite Enterprise Hall. BATH HOUSE And... Barber Shop. CENTER STREET - - ANAHEIM Prof. Dean Proprietor. L. GUNTHER, PIONEER BUSINESS CARDS! A. BAILEY, Justice of the Peace. Enterprise Hall Building, J. W. CLARK, Notary Public Justice of the Peace. Land Agent and Conveyancer. Acknowledgments Taken. H. C. AUSTIN, NOTARY PUBLIC AND... Real Estate Agent. (LATE REGISTER U.S. LAND OFFICE.) H. M. MITCHELL, ATTORNEY AND COURSELOR AT LAW Office in Temple Block, Los Angeles. Address P. O. Box 456. A. A. WILSON, W. P. DOONER, WILSON & DOONER, ATTORNEYS AT LAW Beam No. 11, Temple Block, 2nd LOS ANGELES, CAL. J. O. HOWARD, H. T. HAZARD, HOWARD & HAZARD, ATTORNEYS AT LAW, OFFICE IN NO. 8 DOWNEY BLOCK, LOS ANGELES, CAL. R. H. CHAPMAN, A. W. HUTTON. CHAIMAN & HUTTON, Attorneys at Law Office in Temple Block, UP STAIRS. Los Angeles, Cal. DR. W. N. HARDIN, Office and Residence Cor. Los Angeles and Sycamore Streets ANAHEIM. DR. J. S. GARDINER, PHYSICIAN & SURGEON. Office in Clark & Austin's Building ANAHEIM. BATH HOUSE Barber Shop. CENTER'S LEET - - ANAHEIM Prof. Dean Proprietor. L. GUNTHER, PIONEER BOOT & SHOEMAKER, Cor. 3d and Los Angeles Sts. Anaheim R. LUEDKE, WATCH MAKER AND JEWELER. CENTER STREET ANAHEIM. EVERY DESCRIPTION OF WATCHES, CLOTHS AND JEWELRY Carefully Repaired and WARRANTED. A FINE ASSORTMENT OF JEWELRY ON HAND. D. DESMOND HATISTORE, MAIN STREET, LOS ANGELES ANAHEIM COOPER SHOP, CENTER STREET, ANAHEIM. J.WESTPHAL, PROPRIETOR. CHAS. WILLE, COOPERAGE! Pipes, Barreis and Kegs ON HAND AT ALL TIMES. TANKS AND TUBS MADE TO ORD R North 2d Street, Anaheim. S. C. FOX. PIONEER SADDLE and HARNESS MAKER. Wholesale and Retail Dealer in Saddlery, Leather and Findings No. 17. Los Angeles street, Los Angeles. CARPET WAREHOUSE Aaron Smith, IMPORTER AND DEALER IN DR. W. N. HARDIN, Office and Residence Cer. Los Angeles and Sycamore Streets ANAHEIM. DR. J. S. GARDINER, PHYSICIAN & SURGEON, Office— IN CLARK & AUSTIN'S BUILDING ANAHEIM. GEO. C. KNOX, Civil Engineer and Surveyor. OFFICE—At the CALIFORNIAN office, Los Angeles St. Annheim. PIONEER DRUG STORE. Center street corner of Lemon, Anaheim. W. M. HIGGINS, PROPRISTOR DEALER IN Drugs. Perfumery, and Garden seeds. A. G. BEE BE, CONTRACTOR AND BUILDER. Plans and specifications drawn up with neatness and accuracy. Orders left at CLARK'S BOOK STORE will receive prompt attention. P. C. M'KINNIE, Contractor and Builder, SHOP ON CENTRE STREET [Adjoining Pioneer Livery Stable.] JOSEPH BENNERSCHEIDT, TIN AND COPPER SMITH. CENTER STREET, ANAHEIM. Stoves Etc., Always on Hand. SAMUEL MEYER. Crockery, Glassware, Lamps, Oils, Gas Fixtures, and Kitchen Utensils. COMMERCIAL STREET ... Los Angeles S. C. FOX. PIONEER SADDLE and HARNESS MAKEER. Wholesale and Retail Dealer in Saddlery, Leather and Findings No. 17. Los Angeles street, Los Angeles. CARPET WAREHOUSE Aaron Smith, IMPORTER AND DEALER IN Carpets, Oil Cloths, Paper Hangings and Upholstery Goods. No. 75 Main Street Los Angeles, Downey Block. Carpets sewed and put down neatly. J. EVERDING & CO. Commission Merchants, 48 CLAY STREET, Below Drumm, SAN FRANCISCO. DEALERS IN OREGON PRODUCE. Agents for Imperial and Harrisburg Flour Mill. Whenten Starch of our own manufacture ALWAYS ON HAND. C. F. HARPER. R. H. DALTON. HARPER & DALTON ...Dealers in... Stoves, Pumps, Hardware, ...And manufacturers of... TIN, SHEET-IRON AND COPPER WARE, Roofing, Plumbing and Jobbing. 86 Main at Downey's Block, Los Angeles, Cal. BABBITT METAL. OLD TYPE FOR SALE IN QUANTITIES to suit purchasers. Apply at SOUTHERN CALIFORNIAN OFFICE. All such exterior boundaries of irrigation, and water at command we constitute said district intendant shall the election, as hereinafter the qualified electors who will on the dayceed to elect three visioners, and upon the vote "Yes" or "No,"tion "shall a tax be for the proposed irrigation It a majority of the in favor of said tax, If a majority of against the tax, levied. Sec. 5. When a property owners, or resentatives, residing which is not included in district, shall request said Superintendent the boundaries district so as to include the locality in Senator Bush's Irrigation Bill An Act to promote irrigation in the County of Los Angeles. The people of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. The office of Superintendent of Irrigation for the County of Los Angeles is hereby created. Section 2. He shall be chosen in the manner hereinafter specified, and his duties shall consist: 1. In promoting an efficient, and as nearly as possible, a uniform system of irrigation throughout the county; 2. He shall superintend, advise, and direct the Water Commissioners hereinafter provided for, of each and every irrigation district in said county; 3. He shall visit the different parts of the county, whenever he may deem it advisable, for the purpose of inspecting and initiating works of irrigation of any kind or description, and shall take all needful steps to improve the same; 4. He shall make an annual report to the Board of Supervisors of said county, which shall contain a full and complete statement of his acts and doings, in his official residence, the Superintendent shall proceed in the same manner as in the formation of new districts, as provided in section three of this Act. Sec. 6. On the day of the general election, in each year, there shall be held an election in each water district, at which three Water Commissioners shall be chosen by the qualified electors of the district, who shall hold office for one year. 2. At the same election, whenever the office of County Superintendent is vacant, or is about to become vacant, said qualified electors will also elect a County Superintendent, who will hold his office for two years, unless he is elected to fill an unexpired term, in which case he will hold office for the remainder of such term, and until his successor is duly elected and qualified. Sec. 7. It shall be the duty of the Board of Supervisors to issue a proclamation when ordering an election, specifying the object for which such election is to be held, at least thirty days before the appointed day of election, and have the same published, at least once each week, for four successive weeks, in some paper published in the county having the largest circulation in the main ditches great care must be taken to bring out the water at the greatest elevation possible, or as visible, consistent with reasonable cost, to the end that the water must irrigate the greatest possible extent of country, and that the water used upon the lower levels may be previously utilized as a water power thus diminishing the cost of the water to the farmer; 11. When from any cause extraordinary repairs are required, Water Commissioners, with their approval of the Superintendent shall have authority to levy a tax sufficient to pay for such repair upon the lands and other taxable property in said district; 12. When any work intended to increase the existing water supply or improve existing facilities for irrigation, is proposed, the Water Commissioners shall ascertain it nearly as practicable the probable cost of the work, and if the Superintendent approve the same, he shall order an election as herein provided and if at such election it shall appear that a majority of the voters are in favor of such improvement then the Commissioners will authorize to do the proposed work and levy a tax to pay for the same. He shall visit the different parts of the county, whenever he may deem it advisable, for the purpose of inspecting and initiating works of irrigation of any kind or description, and shall take all needful steps to improve the same; He shall make an annual report to the Board of Supervisors of said county, which shall contain a full and complete statement of his acts and doings, in his official capacity during the preceding year; the manner in which the system herein provided for has operated; and shall suggest and recommend such improvement as he shall deem necessary to perfect such system; He shall be paid a salary, to be fixed as hereinafter provided, in the same manner, and out of the same fund as the District Attorney; Before entering upon the duties of his office, he shall take and subscribe to the usual official oath, and file an undertaking, with sureties, to be approved by the Board of Supervisors of said county. The Board of Supervisors shall, in the first instance, appoint said Superintendent of Irrigation, who shall remain in office until the first Monday of March, eighteen hundred and seventy-six. At the general election in the year eighteen hundred and seventy-five, there shall be elected a County Superintendent of Irrigation, who, after being duly qualified, as herein provided, shall enter upon the discharge of his official duties on the first Monday of March, A.D. eighteen hundred and seventy-six. The term of office for the Superintendent so elected shall be two years, or until his successor be duly elected and qualified. When a majority of the property owners, or their legal agents, residing in a section which is or may be made an irrigation district, shall, by petition, request said Superintendent to create an irrigation district of the lands of the locality in which they reside, the Superintendent shall, as soon as his official duties will permit, visit the locality, and thoroughly examine as to the feasibility of the undertaking, the quantity of water available, the possibility of increasing the supply, if necessary, and the practicability of constructing the required dams, ditches, flumes, reservoirs, or other irrigation works, required to render the said water supply available for irrigation purposes. It shall decide that such works as may be needed can be profitably constructed, he shall order a preliminary survey to be made at the will hold office for the remainder of such term, and until his successor is duly elected and qualified. It shall be the duty of the Board of Supervisors to issue a proclamation when ordering an election, specifying the object for which such election is to be held, at least thirty days before the appointed day of election, and have the same published, at least once each week, for four successive weeks, in some paper published in the county having the largest circulation in the section or district where such election is to be held. No person shall be considered a qualified elector at any water district election, except the owner or legal representative of property paying a tax, or which is liable to be taxed for irrigating purposes in the district; It shall be the duty of the Judges and Inspectors of Elections to prepare a separate ballot box, in which the ballots of said qualified electors shall be deposited. After closing of the polls, the ballots shall be counted as usual, and all of the ballots and one tally list shall be securely sealed and promptly forwarded to the County Clerk; the other tally list to be kept for at least six months by the Judge of Election; In case of a contested election, all proceedings must be conducted in accordance with the State laws now in force; The County Clerk shall deliver the said ballots and tally lists to the Board of Supervisors, as provided by law for other election returns. The said Board shall proceed to examine the ballots and tally lists, and if it appear that the election has been legally conducted, the Board of Supervisors shall issue certificates of election to the party receiving the greatest number of votes; Should a vacancy occur in the Board of District Water Commissioners, it shall be the duty of the County Superintendent to appoint some suitable person, legally qualified, to fill such vacancy; and such appointee shall hold office until the next general election, and until his successor in office has been duly elected and qualified in accordance with the provisions of this Act; The Water Commissioners, when elected as hereinafore provided, shall, before entering upon the duties of their office, and within ten days after receiving official notice of their election, each take and subscribe to the usual official oath, and file an official bond in the sum of two thousand dollars, with sureties to be approved by the Board of Supervisors. Said Water increase the existing water supply or improve existing facilities for irrigation is proposed, the Water Commissioners shall ascertain nearly as practicable the probable cost of the work, and if the Superintendent approve the same, he should order an election as herein provided and if at such election it shall appear that a majority of the voters are in favor of such improvement then the Commissioners will authorize to do the proposed work and levy a tax to pay for the same but, on contrary, if a majority of the votes cast are opposed, then the said work shall not be performed nor shall a tax be levied therefor. The District Oversee herein provided for before entering upon the duties of their office, each take the usual official oath, and give bonds for the faithful discharge to the duties of his office in the sum of one thousand dollars ($1,000) his sureties to be approved by the Board of District Water Commissioners. He shall obey all orders of the District Board of Water Commissioners by whom he is appointed. He shall have control and direction under the Commissioners, of all subordinate employees, and that power to suspend them from duty reporting the same to the Water Commissioners for final action. He shall supervise the distribution of water to parties presenting orders from the Commissioners, in the quantity paid for each in his turn according to the number upon their tickets: the first on the list to be first served, and so on in rotation until all are served. If directed by the Board of Water Commissioners, he shall assess the property of the district provided that, in their discretion, the Water Commissioners may appoint an Assessor to perform the work and pay him for his services; he having been duly qualified according to law, before entering upon the duties of his office. The Overseer shall have power to arrest any and all persons for unlawful interference with ditched dams, reservoirs, or other irrigation works. He shall be ex officio Tax Collector, and shall deposit all money received from taxes, water sales,and all other sources, with the Treasurer of said district. Sec. 10. The Board of Water Commissioners provided for in this Act shall at their first meeting choose one of their number for President another as Auditor; and another a Treasurer. The Treasurer shall safely keep all moneys received by him from official duties will permit, visit the locality, and thoroughly examine as to the feasibility of the undertaking, the quantity of water available, the possibility of increasing the supply, if necessary, and the practicability of constructing the required dams, ditches, flumes, reservoirs, or other irrigation works, required to render the said water supply available for irrigation purposes. It shall decide that such works as may be needed can be profitably constructed, he shall order a preliminary survey to be made at the expense of the applicants for the proposed new district, by a competent engineer, to ascertain the cost and practicability of said work. If, after the report of the engineer has been made, he shall deem the construction of said works feasible and advisable, he shall order the engineer to ascertain, by actual survey, the exterior boundaries of the lands which can be irrigated by the said water supply. All the lands within such exterior boundaries, susceptible of irrigation, and so far as the water at command will supply, shall constitute said district. The superintendent shall thereupon order an election, as hereinafter provided, by the qualified electors of said district, who will on the day appointed, proceed to elect three Water Commissioners, and upon the same ballot vote "Yes" or "No," upon the question "shall a tax be levied to pay for the proposed irrigation works?" If a majority of the ballots cast are in favor of said tax, it shall be levied. If a majority of said ballots are against the tax, it shall not be levied. Sec. 5. When a majority of the property owners, or their legal representatives, residing in a section which is not included in any irrigation district, shall, by petition, request said Superintendent to extend the boundaries of any irrigation district so as to include the lands of the locality in which they may 6. The Water Commissioners, when elected as hereinafore provided, shall before entering upon the duties of their office, and within ten days after receiving official notice of their election, each take and subscribe to the usual official oath, and file an official bond in the sum of two thousand dollars, with sureties to be approved by the Board of Supervisors. Said Water Commissioners shall subject to the approval of the County Superintendent, have the exclusive control of all waters of every kind and description, used for irrigation purposes, in the district for which they have been elected; 7. The Water Commissioners shall receive the same compensation and mileage as the County Supervisors, and shall have full power to appoint or discharge an Overseer and his assistants, and to fix the amount of their compensation and to pay the same; 8. The Water Commissioners shall fix the price at which water shall be sold, charging therefore a sum sufficient to pay the district portion of the salaries of the County Superintendent and District Attorney; the mileage of the Superintendent when attending to the necessary and especial business of the said district; the salary and mileage of the said Commissioners and their necessary employees; ordinary repairs and all other current and incidental expenses of the water district; 9. Said Commissioners shall so conduct their business as to make the sale of water for irrigation purposes, and rent of the same for a water power; produce a sum sufficient to accomplish the objects hereinbefore specified, and no more, in each district. 10. In the preliminary location of successor in office has been duly elected and qualified in accordance with the provisions of this Act; 6. He shall be ex officio Tax Collector, and shall deposit all money received from taxes, water sales, and all other sources, with the Treasurer of said district. Sec. 10. The Board of Water Commissioners provided for in this Act shall at their first meeting, choose one of their number for President another as Auditor, and another as Treasurer. 2. The Treasurer shall safely keep all moneys received by him, from whatever source, to be paid out once upon drafts signed by the President of the Board of Water Commissioners for the district, and counter-signed by the Auditor. All sums above five hundred dollars shall be deposited with the County Treasurer for safe keeping. The County Treasurer shall keep the moneys deposited in special and separate funds, known and designated as "Water District Fund No." (the number of the fund to correspond with the number of the district whose credit the moneys are deposited) to be paid out only upon draft signed by the President of the District Board of Water Commissioners, countersigned by the Secretary, and approved by the County Superintendent. 3. The Board of Water Commissioners may appoint as Secretary a member of the said Board whose duty it shall be to attend all meetings thereof, and keep an accurate record of all proceedings in durable form, and to whom they are authorized to pay a suitable salary. The said Boards of Water Commissioners shall meet regularly on day every two weeks, or oftener in their discretion. To receive applications from parties desiring to purchase water for the ensuing twelve weeks. All parties applying for water must pay to the Treasurer the price of the quantity of water apportioned, at which time she their man. { NO. 16. anches great care must be taken out the water at the station possible, or at constant with reasonable end that the water may greatest possible extent and that the water used lower levels may be pre-ceded as a water power, sharing the cost of the farmer; from any cause extra-sire are required, said commissioners, with the Superintendent, authority to levy a tax pay for such repairs lands and other taxable said district; any work intended to existing water supply existing facilities for proposed, the Waterers shall ascertain as practicable the probable work, and if the Super-prove the same, he shallation as herein provided; each election it shall ap-majority of the votes of such improvement, Commissioners will be do the proposed work tax to pay for the same; retary shall enter, in a book kept for that purpose, each in turn, according to priority of application, the names of the applicants, and shall furnish to each a card or water ticket, which shall be numbered and dated. 4. The Board of Water Commissioners, with the approval of the County Superintendent, may acquire by purchase or otherwise, any lands, ditches, dams, water, and water rights which it may be found necessary to acquire for the proper and effective construction and management of the works of irrigation. 5. In case such dams, lands, ditches, water rights, and water cannot be acquired by voluntary sale upon the part of the owners, then said Board shall have power to proceed to condemn the same for the use of the district, in the manner prescribed by Title VII of the Code of Civil Procedure; provided, that in said condemnation no one shall be deprived of water sufficient to irrigate the amount of land berefore under irrigation and actual cultivation, but no apportionment shall exceed such amount, except in equal ratio with all other lands in the district not before irrigated, but the cultivation of which is desired. existing water supply existing facilities for proposed, the Water servers shall ascertain as practicable the probable work, and if the Superprove the same, he shall action as herein provided; each election it shall apmajority of the votes of such improvement, Commissioners will be do the proposed work to pay for the same; contrary, if a majority cast are opposed, then shall not be performed, to be levied therefor. The District Overseers led for, before entering sites of their office, each official oath, and give faithful discharge of his office, in the sum and dollars ($1,000). to be approved by the District Water Commissioners, in the supervise the distribution to parties presenting orCommissioners, in the for, each in his turn, the number upon their first on the list to be and so on in rotation, served. ated by the Board of missioners, he shall asporty of the district; in their discretion,the missioners may appoint to perform the work. for his services, he duly qualified, according are entering upon the office. Superer shall have power and all persons for underence with ditches, pirs, or other irrigating be ex officio Tax Colshall deposit all moneys in taxes, water sales,and services, with the Treasdistrict. The Board of Water Comprovided for in this Act, the first meeting, choose number for President, auditor, and another as then said Board shall have power to proceed to condemn the same for the use of the district, in the manner prescribed by Title VII of the Code of Civil Procedure; provided that in said condemnation no one shall be deprived of water sufficient to irrigate the amount of land beretofore under irrigation and actual cultivation, but no apportionment shall exceed such amount, except in equal ratio with all other lands in the district not before irrigated, but the cultivation of which is desired. 6. The Treasurer of the Board shall give the usual notice of the time when taxes already due will become delinquent, and shall be ready to receive said taxes at his office, in some convenient place, for six hours per day, during the last six days before the said taxes become delinquent, to give all persons opportunity to pay, after which time all delinquents shall be proceeded against according to the tax law of the State of California. Sec. 11. The District Attorney of the said county shall be the legal adviser of both the County Superintendent and the several Boards of Water Commissioners. He shall prosecute all suits in which they are plaintiffs, and defend all suits in which they are defendants; and for his services in this capacity, he must receive a salary from the District Water Funds, each district paying an amount proportional to its assessed valuation. 1. The Supervisors of the county are hereby empowered to fix the amount of the said salary; the same being proportioned to the amount of labor performed. 2. Should there, at any time, be a scarcity of water, then in that case the water shall be apportioned to each person in proportion to the amount of water which has heretofore been used, owned, or acquired by him under the laws of the State of California, reference being had to the date of acquirement, and no more water shall be apportioned than shall be necessary without waste, to irrigate the actual amount of land under cultivation, or bearing crops to be benefited by such apportionment; but at no time shall there be apportioned to persons having previously acquired rights any more water than they were entitled to previous to this enactment, until all irrigators in said district have been supplied under the apportionment; and then the surplus water, if any, shall be distributed among irrigaters in proportion to the number of acres under cultivation. 3. The water for the several ditches in the various districts shall be measured and divided by means be ex officio Tax Colshall deposit all moneys in taxes, water sales, and services, with the Treasdistrict. The Board of Water Comprovided for in this Act, first meeting, choose number for President, auditor, and another as measurer shall safely keep received by him, from source, to be paid out only signed by the President of Water Commission-district, and counterthe Auditor. All sums hundred dollars shall be with the County Treas-keeping. The County shall keep the moneys so special and separate and designated as District Fund No.—," (the fund to correspond number of the district to the moneys are deposited out only upon drafts by the President of the Board of Water Commission-signed by the land approved by the interendent. Board of Water Commay appoint, as Secreber of the said Board, that shall be to attend all thereof, and keep an acc- of all proceedings in it, and to whom they are to pay a suitable salary boards of Water Comshall meet regularly one two weeks, or oftener, retention. to receive applparties desiring to pur- for the evening two all parties applying for its pay to the Treasurer at which time the Sec- ment; but at no time shall there be apportioned to persons having previously acquired rights any more water than they were entitled to previous to this enactment, until all irrigators in said district have been supplied under the apportionment; and then the surplus water, if any, shall be distributed among irrigaters in proportion to the number of acres under cultivation. 3. The water for the several ditches in the various districts shall be measured and divided by means of boxes at least five feet long and four feet wide; the lower end of which shall be closed except as hereinafter provided, and the upper end shall be without obstruction to the flow of water. At the depth of six inches from the top of the lower end of each box, there shall be an opening extending entirely across the bottom of the box, and of a depth sufficient to permit of the unobstructed passage of the water. In measuring the water, the Overseer shall fill the box so as to maintain, as nearly as may be; a constant head of six inches above said opening, so that the division of the water into irrigating heads may be as nearly equal as practicable, where the same is taken from the main ditch. 4. All waters from rains, rivers, or streams, which can be applied to irrigation purposes, are hereby declared the property of the people, to be held for their use, and so utilized as to confer the greatest possible good upon the greatest number. When springs rise upon the land of private owners, the water thereof must be used without waste, and when not used for irrigation, must be permitted to flow, without hindrance, in their natural channels, or collected in reservoirs for future use—not, however, to the detriment of those who have taken up and are now using such waters for irrigation purposes. [CONCLUED ON FOURTH PAGE.]