anaheim-gazette 1875-12-11

SATURDAY DEC. 15, 1873. THE UNITED STATES AND SPAIN. The powers that be in these two countries have arrived at satisfactory and amicable arrangements. Spain has officially notified the American Government that in future Americans who may be brought to trial before Spanish court-martials will be entitled to select counsel for defense. If American citizens go to Cuba, and chance to fall into military hands, they will not be so unceremoniously treated as formerly. No doubt the majority of our people will rejoice that there is to be no war with Spain; but poor Cuba is left out in the cold. Others of our citizens, caring not much for Spain or Cuba or American citizens in Cuba, have been greatly exercised to determine the bearing of this matter on the third term. A war declared and General Grant would be needed in the Presidential Chair. Skill in avoiding a war deserves proper recognition, viz:—relection. But and but again; more dodges than these are needed to bring about such a result. The American people are not "going it blind" next fall, but will see who they elect, and will elect one they see to be suitable for the office. It may be Mr. Grant, it may be some one else. The man who knows has not arrived. This Spanish episode reveals an interesting bit of Spanish spirit. Don Carlos, who is in revolt against King Alphonso, proposed to the King to lay by their little home difficulty—in other words, to stick in a pin at the present point of progress—and if needs be unite under certain stipulations against the enemy looming up in the REPORT Of the County Superintendent of Irrigation. To the Honorable the Board of Supervisors of Los Angeles County: The Act of the Legislature of 1872-4, under which I hold the office of Superintendent of Irrigation for Los Angeles county, prescribes as one of the duties of the Superintendent that an annual report shall be made by him to the Board of Supervisors, "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." In view of the fact that the Legislature, whose province it is to investigate and take official action upon any changes that may be recommended as necessary to make the system practically operative, is now in session at Sacramento, I have deviated from the usual custom and have taken the liberty to submit to you my annual report in advance of the close of the official year. In order to arrive at a better understanding of the changes which I shall suggest, it will be necessary to review my official action for the past two years, or from May, 1874, at which time I received my appointment from your Board. It is well, also, to premise that it has always been, and still is, a theory of mine that in the establishment of an irrigation district, all lands, which can be irrigated from the same source of supply, should constitute said district; and that, in the attempt to carry forward this theory to a practical demonstration, the first half of my official term was passed. Under the direction of a clause of section one of the Irrigation Act, which makes it a duty of the Superintendent to "visit the different parts of the county, whenever he may deem it advisable, inspecting and initiating works of irrigation," etc., I made a general tour of the county, but met with only the most unsatisfactory results. The Legislature had left it optional with the people whether the Act should be carried into operation, and upon the completion of my trip, appearances were that the people intended by an inertia of action, to had overcome all the worries of me, in my own private experience and future legislation; the second moved after a fireable lands legislation made by including as new in the limits of lands belonging were willing to now the question whom and where were the proposed structures, the Board of Commerce Oversee?" Dr. consulted and did not structure of irrigation in the twelfth seven, which animators "to do explaining sake" any work, into existing water existing facilities. At the same time section one defines of the Superintendent superintendance, and Water Committee was finally labor; the State engineering chief whilst the Comms as a Board of Fire disbursing the contracts for lab be used in commissioners, actively offered to let them responsible bldg for thirty days Bulletin, Los Anaheim GAZZ was received, and bidder refused was then determined missioners to do and on March commenced. It was handed me lands. I lying southwest of A within Water accordance with Act. Acting un District Attorney code to this p they elect, and will elect one they see to be suitable for the office. It may be Mr. Grant, it may be some one else. The man who knows has not arrived. This Spanish episode reveals an interesting bit of Spanish spirit. Don Carlos, who is in revolt against King Alphonso, proposed to the King to lay by their little home difficulty—in other words, to stick in a pin at the present point of progress—and if needs be unite under certain stipulations against the enemy looming up in the dark fog of American politics, and after America was whipped to return and continue the fraternal discussion, as if nothing had happened. But Alphonso, knowing there was nothing in the fog but a huge scare, declined the amicable proposition of the doughy Don; and, furthermore, sent orders to the front forbidding the receipt of any further communications, unless they propose unconditional surrender. The first hours of the opening of Temple & Workman's bank this morning were devoted to congratulations by the people en masse, rather than to business. The gleaming coin was surveyed and an occasional check was handed in. On this, the first day, the deposits were largely in excess of the withdrawals, and we hazard the prediction that by the end of the week, they will exceed them very heavily indeed. A $10,000 deposit was one of the incidents of the first half hour of the opening.—Express. The House of Representatives convened at 12 o'clock on Monday, and after the usual preliminaries, the nominations for Speaker of the House were declared in order. Michael C. Kerr, of Indiana and James G. Blaine, of Maine, were placed in nomination. On the first ballot Kerr received 173 and Blaine 100. The former was declared elected. The Senate also convened at the same hour. Board of Supervisors. The Board met on Monday. Present, Supervisors Evey, Allen, Hinds, and Palomares. The County Physician's report was received and ordered filed. The reports of the County Treasurer and Superintendent of Irrigation were received and referred to the Finance Committee. Leave of absence for two months was granted to Superintendent of Irrigation Knox. In the matter of the committee to confer with the County Grange in relation to road poll tax, it was ordered that George Hinds and F. Palomares be and are hereby appointed such committee. In the matter of the Covote Creek they elect, and will elect one they see to be suitable for the office. It may be Mr. Grant, it may be some one else. The man who knows has not arrived. This Spanish episode reveals an interesting bit of Spanish spirit. Don Carlos, who is in revolt against King Alphonso, proposed to the King to lay by their little home difficulty—in other words, to stick in a pin at the present point of progress—and if needs be unite under certain stipulations against the enemy looming up in the dark fog of American politics, and after America was whipped to return and continue the fraternal discussion, as if nothing had happened. But Alphonso, knowing there was nothing in the fog but a huge scare, declined the amicable proposition of the doughy Don; and, furthermore, sent orders to the front forbidding the receipt of any further communications, unless they propose unconditional surrender. The first hours of the opening of Temple & Workman's bank this morning were devoted to congratulations by the people en masse, rather than to business. The gleaming coin was surveyed and an occasional check was handed in. On this, the first day, the deposits were largely in excess of the withdrawals, and we hazard the prediction that by the end of the week, they will exceed them very heavily indeed. A $10,000 deposit was one of the incidents of the first half hour of the opening.—Express. The House of Representatives convened at 12 o'clock on Monday, and after the usual preliminaries, the nominations for Speaker of the House were declared in order. Michael C. Kerr, of Indiana and James G. Blaine, of Maine, were placed in nomination. On the first ballot Kerr received 173 and Blaine 100. The former was declared elected. The Senate also convened at the same hour. Board of Supervisors. The Board met on Monday. Present, Supervisors Evey, Allen, Hinds, and Palomares. The County Physician's report was received and ordered filed. The reports of the County Treasurer and Superintendent of Irrigation were received and referred to the Finance Committee. Leave of absence for two months was granted to Superintendent of Irrigation Knox. In the matter of the committee to confer with the County Grange in relation to road poll tax, it was ordered that George Hinds and F. Palomares be and are hereby appointed such committee. In the matter of the Covote Creek they elect, and will elect one they see to be suitable for the office. It may be Mr. Grant, it may be some one else. The man who knows has not arrived. This Spanish episode reveals an interesting bit of Spanish spirit. Don Carlos, who is in revolt against King Alphonso, proposed to the King to lay by their little home difficulty—in other words, to stick in a pin at the present point of progress—and if needs be unite under certain stipulations against the enemy looming up in the dark fog of American politics, and after America was whipped to return and continue the fraternal discussion, as if nothing had happened. But Alphonso, knowing there was nothing in the fog but a huge scare, declined the amicable proposition of the doughy Don; and, furthermore, sent orders to the front forbidding the receipt of any further communications, unless they propose unconditional surrender. The first hours of the opening of Temple & Workman's bank this morning were devoted to congratulations by the people en masse, rather than to business. The gleaming coin was surveyed and an occasional check was handed in. On this, the first day, the deposits were largely in excess of the withdrawals, and we hazard the prediction that by the end of the week, they will exceed them very heavily indeed. A $10,000 deposit was one of the incidents of the first half hour of the opening.—Express. The House of Representatives convened at 12 o'clock on Monday, and after the usual preliminaries, the nominations for Speaker of the House were declared in order. Michael C. Kerr, of Indiana and James G. Blaine, of Maine, were placed in nomination. On the first ballot Kerr received 173 and Blaine 100. The former was declared elected. The Senate also convened at the same hour. Board of Supervisors. The Board met on Monday. Present, Supervisors Evey, Allen, Hinds, and Palomares. The County Physician's report was received and ordered filed. The reports of the County Treasurer and Superintendent of Irrigation were received and referred to the Finance Committee. Leave of absence for two months was granted to Superintendent of Irrigation Knox. In the matter of the committee to confer with the County Grange in relation to road poll tax, it was ordered that George Hinds and F. Palomares be and are hereby appointed such committee. In the matter of the Covote Creek they elect, and will elect one they see to be suitable for the office. It may be Mr. Grant, it may be some one else. The man who knows has not happened. But Alphonso,knowing there was nothing in the fog but a huge scare，declinedtheamicablepropositionofthedoughyDon;and,furthermore,sentorderstothefrontforbiddingthereceiptofanyfurthercommunications.unlessytoproposeunconditionalsurrender. The first hours oftheopeningoftheTemple&Workman'sbankthismorningweredevotedtocongratulationsbythepeopleenmasse,ratherthantobusiness.Thegleamingcoinwassurveyedandanoccasionalcheckwashandedin.Onthis,thefirstday,thedepositswerelargelyinexcessofthewithdrawals,andwehazardthepredictionthatbytheendoftheweek,theywillexceedthemveryheavilyindeed.A$10,000depositwasoneoftheincidentsofthefirsthalfhouroftheopening.-Express. TheHouseofRepresentativesconvenedat12o'clockontMonday,andaftertheusualpreliminaries,thenominationsforSpeakeroftheHouseweredeclaredinorder.MichaelC.Kerr.ofIndianaandJamesG.Blaine.ofMaine.wereplacedlnnomination.OnthefirstballotKerrreceived173andBlaine100.Theformerweredeclaredelect.TheSenatealsoconvenedatthesamehour. BoardofSupervisors. TheBoardmetonMonday.Present,SupervisorsEveyAllen,Hinds,Palomares. TheCountyPhysician'sreportwasreceivedandorderedfiled. ThereportsoftheCountyTreasurerandSuperintendentofIrrigationwerereceivedandreferredto-theFinanceCommittee. Leaveofabsencefordowntimes.wasgranttoSuperintendentofIrrigationKnox. InthematterofthecommitteetoconferwiththeCountyGrangeinrelationtoroadpolltax.itwasorderedthatGeorgeHindsandF.Palomaresbeandarehereappointsuchcommittee. InthematteroftheCovoteCreektheyelect,andwillelectonetheyseetobesuitablefortheoffice.itmaybeMr.Grantitmaybesomeoneelse.themanwhosehasnotarrived.但therefore,themshouldbedone.peracreinorder.ofthefirstditch thirtysquareforthisdistrictwouldpresentyear,andalsocarriedby.Workwastops.DistrictNo.OuAugust,andthementwascommencedforceolaborerditchesmightbereasonfullycompleted.firstDistrictOandtoTheSecondThereremainsthemilesofmaindunningfeetoffor theseflumesfor,andwillbidifferentpoints,theflumesconstrainthan$9,000;moneyworkhasbeencorrectedof12equivalenttotothemileof$500.Remainoncoundhandthetwo districtditchesarecompiledover$5,000,bobbingsubsidiarycountribution.InMay，1875.fromcitizens.live The County Physician's report was received and ordered filed. The reports of the County Treasurer and Superintendent of Irrigation were received and referred to the Finance Committee. Leave of absence for two months was granted to Superintendent of Irrigation Knox. In the matter of the committee to confer with the County Grange in relation to road poll tax, it was ordered that George Hinds and F. Palomares be and are hereby appointed such committee. In the matter of the Coyote Creek bridge, ordered that Wade & Laplore proceed to finish sald bridge at a cost not to exceed $315. W. M. Osborne was appointed Superintendent of the work. The resignation of T. D. Holliday as Constable of San Jose Township was accepted. A new school district was established at Santa Monica. Y. Alvarado was appointed Road Overseeer for San Jose District. TUESDAY, DEC. 7. Present, same as yesterday. Finance Committee report in favor of printing the report of the Superintendent of Irrigation in English and Spanish. Finance committee report back as correct the report of the County Treasurer and School Superintendent. In the matter of the Monte Vista road, referred back to the viewers to correct their report. Pomona roads Nos. 1 and 2, both declared public highways. Los Angeles and San Diego road—Declared a public highway from the adobe station on the San Joaquin ranch to the San Diego County line. Cahuenga road No. 2. Report of viewers received and case set for hearing January 6th. In the matter of Jefferson street extension ordered that $150 be allowed to Daniel Sullivan in full compensation for moving house etc. Petition for a road to connect Cahuenga road No. 2 and Los Angeles city received and viewers appointed as follower: L. Sebold, I. D. Gavitt and T. A. Garey. Broad of Y. Alvarado approved as road overseer for San Jose District. In obedience to municipal law, the City Marshal of Vallejo shot down 12 goals on the streets on Thursday. sessing every capability for production except moisture, should through this irrating medium be rendered valuable. That there was much good in the project had already been demonstrated by Hon. P. Beaudry, of Los Angeles, although on a much smaller scale than I proposed. I was at Wilmington on the day of election, and the judges refused to open the polls. Just before leaving I was told by an influential and wealthy citizen, a signer of the petition asking for the creation of a water district, and after his signature a most earnest and active opponent of that district in particular and the Irrigation Act in general—that he had not before correctly understood the subject, and that should another election be ordered, he would do all in his power to carry the district; in other words, popular opinion had reached the ebb, and its reflux was again commencing. In December, 1874, I was again consulted relative to the formation of a district of the uplands, lying northeast and north of Anaheim. The section, which would thus be included, formed only a small portion of the irrigable lands lying west of the Santa Ana river; to accede to such a petition was therefore a virtual abandonment upon my part of the theory which I held relative to the formation of effective working districts. However, an election was ordered to be held in February 1875; a proposition of voting $1.78 per acre for the construction of an irrigating ditch with a sectional area of sixteen square feet was submitted to the land-owners of the section in question; and on the day appointed the district was carried by a large majority. The Commissioners, who had been elected, qualified, organized and levied the tax in accordance with section three of the Irrigation Act. There being nothing in the law to the contrary, and in order to make payments fall more lightly upon the tax-payors, the Commissioners at the same time passed a resolution that the tax should be collected in installments, in such amounts as might be requisite for the payment of the works in process of construction. At this point of procedure occurred the first serious defect of the Act. The only prominent ambiguities in the preliminary work were a failure to provide compensation for the Superintendent for the various duties which he was required to perform, and an indefiniteness in regard to what lands should constitute a water district. The first obstacle I had overcome by going ahead and doing all the work that was required of me, in my official capacity, at my own private expense, trusting to the generally and sense of justice of a future Legislature for my compensation; the second difficulty I had removed after a failure to embody all irrigable lands by acting upon a suggestion made by section four, and by including as nearly as possible with in the limits of a water district all lands belonging to land-owners who were willing to be so included. But now the question was raised. "By whom and under whose charge were the proposed works to be constructed, the Superintendent, the Board of Commissioners, or the Overseer?" Different lawyers were consulted, and all agreed that the Act said nothing regarding the construction of irrigating works except in the twelfth clause of section seven, which authorized the Commissioners "to do the proposed work," explaining said proposed work as "any work, intended to increase the existing water supply, or improve existing facilities for irrigation." At the same time the second clause of section one defines as one of the duties of the Superintendent that "he shall superintend, advise and direct the Water Commissioners." This problem was finally solved by a division of labor; the Superintendent to take engineering charge of the work, whilst the Commissioners should act as a Board of Finance, receiving and disbursing the tax and making all contracts for labor, material, etc., to be used in construction. The Commissioners, acting under my advice, offered to let the work to the lowest responsible bidder, and so advertised for thirty days in the San Francisco Bulletin, Los Angeles Express and Anaheim Gazette. Only one bid was received, and was rejected, as the bidder refused to furnish bonds. It was then determined by the Commissioners to do the work themselves, and on March 23d, 1875, work was commenced. In February, a petition was handed me, asking that certain lands lying southeast, south and southwest of Anaheim be included within Water District No. One, in accordance with section four of the Act. Acting under the advice of the District Attorney, I declined to accede to this petition inasmuch as but on the proper day on which the election should have been held, popular agitation had again undergone a change and there was only one voter in favor of the district. In the settlements on the east bank of the Santa Ana river the purity of organizing a water district under the provisions of the Irrigation Act has been for many months a prominent topic of discussion. Almost the entire community was in favor of such action, and the only difference of opinion was in regard to the works, which should be used in operating the system. There was already in operation a system of ditches, belonging to a private corporation; known as the Semi-Tropic Water Company; this system, under whose promoting amplexes had arisen the prosperous settlement of Orange, was claimed by some as a success, by others to be a failure. The question under discussion was whether the ditches of the Semi-Tropic Water Company should be purchased, or whether new works should be constructed upon a higher level and with an increased fall to which the system, above mentioned, should be subsidiary. The chief difficulty, which opposed itself to a prompt solution of this question, was a difference of opinion between certain practical men and the engineer, regarding the proper gradient to be given to large ditches; the difference in cost was in favor of the first proposition in a sum exceeding $30,000; the increased area, capable of irrigation by the latter method, was less than 1,500 acres. Acting upon a petition numerously signed by the land-owners of the contemplated district and influenced by an expression of their wishes at a largely attended mass meeting at the school house in Orange, I submitted the latter proposition to them in October; the district was voted down by an overwhelming majority. Since that time I have been consulted by many of the citizens of that locality, regarding the feasibility of creating a district under the first mentioned proposition: By my advice any further steps have been defrared until legislative action has relieved the Irrigation Act of some of its imperfections. Much active interest has been lately exhibited in the Los Nietos settlements of the San Gabriel river regarding the subject of irrigation, and I tax is delinquent, and the law provides "that all diligences shall be presented against according to the tax law of the State of California." There is no money in the Treasury for the purpose of presenting units-alaw, as the tax was vested for a specific purpose—to build a ditch upon an estimate made by an engineer; should it be decided, however, that the Commissioners must apply a portion of the estimate for legal purposes; then this estimate if made correctly will fall short, and there will not be funds sufficient to complete the proposed works of irrigation. Another difficulty which presents itself to these districts is the prior right of the Anaheim Water Company. This Company contends that in the Summer season should water be taken from the river above them, their supply would be cut off at the present head of their ditch, and that in consequence thereof the company would be compelled to expend a large amount of money to procure the quantity of water, to which they are legally entitled. There is not much doubt that the supply of water through their present ditch would be materially diminished—in fact, during the past Summer there was a great scarcity at the head of their ditch without an artificial diminution of the supply; on the other hand there is no doubt whatever that at the point selected by Districts One and Two, from which to divert the waters of the Santa Ana River, there is always an abundant supply for all. The question therefore presents itself, shall the necessary expense to economize the supply be incurred by the Anaheim Water Company or by the antagonistic districts? To remedy these defects and others of a kindred nature, which must necessarily arise in a further operation of the Act as it now stands I would suggest: 1st. That the powers of the Superintendent of Irrigation be curtailed. He should properly be simply an executive officer, or in other words he should be the engineer in charge preliminary under the Board of Supervisors and subsequently under several Boards of Commissioners of the irrigation works of the county. 2nd. That the county be distracted under supervision of the Board. for thirty days in the San Francisco Bulletin, Los Angeles Express and Anaheim GAZETTE. Only one bid was received, and was rejected, as the bidder refused to furnish bonds. It was then determined by the Commissioners to do the work themselves, and on March 23d, 1875, work was commenced. In February, a petition was handed me, asking that certain lands, lying southeast, south and southwest of Anaheim be included within Water District No. One, in accordance with section four of the Act. Acting under the advice of the District Attorney, T declined to accede to this petition, inasmuch as such action would be the means of re-opening the question, which had already been voted upon in District No. One. In the following month I received a petition, asking that these same lands be organized into a separate district. Owing to the peculiar conformation of the sides of the canon of Santa Ana river, the source of irrigating supply (eight miles of the line of canal in process of construction for District No. One) lying well up on the river slope of precipitous and rocky hills) it was impossible at any practicable expense to build a second ditch over the same route, except by enlarging the first one. I proposed therefore, to the applicants that this should be done, asking for a tax of $3 per acre in order to increase the size of the first ditch to a sectional area of thirty square feet. The election for this district was held in June of the present year, and this district was also carried by a large majority. Work was stopped on the ditch of District No. One in the latter part of August, and the proposed enlargement was commenced with a double force of laborers, so that the two ditches might be constructed at the same time, and that the work, as completed, might be prepared as well as possible against damage by the winter rains. In the middle of last month the ditch of the Second District was completed to the point where work ceased in the First-District; and since that time work has been continued on both ditches. In District No. One there are over 14,000 acres; in District No. Two, nearly 8,800 acres. With the exception of about 1,300 feet, the excavation of the upper section of eight miles, comprising almost the whole of the costly hill-side work has been finally completed at a cost to the First District of less than $15,000 and to the Second District of $18,000. There remains to be constructed five miles of main ditch, including 2,640 running feet of fluming; the lumber for these flumes has been contracted for, and will be distributed at the different points of construction, and the flumes constructed at a cost of less than $9,000; most of the remaining work has been contracted at a cost for excavation of 124 cents per cubic yard, equivalent to an expenditure per mile of $500. There will therefore remain on hand in the treasuries of the two districts, after the main ditches are completed, a balance of over $5,600, to be devoted to constructing subsidiary ditches for water distribution. In May, 1875, I received a petition from citizens near El Monte school house in Orange, I submitted the latter proposition to them in October; the district was voted down by an overwhelming majority. Since that time I have been consulted by many of the citizens of that locality, regarding the feasibility of creating a district under the first mentioned position. By my advice any further steps have been def-rred until legislative action has relieved the Irrigation Act of some of its imperfections. Much active interest has been lately exhibited in the Los Nietos settlements of the San Gabriel river regarding the subject of irrigation, and I have been notified, semi-officially, that measures were being taken to create a district of those lands in accordance with my theory—incorporating within the exterior boundaries of the district all lands, irrigable from the San Gabriel river. By my advice the organization of this district has also been deferred until legislative action has been taken. Such is the record of my official action during my past term of office with a statement of the actual results obtained therefrom. In a report of this nature, extending as it does over so long a period, it is impossible to enter into any extended detail regarding the causes or influences which have arisen to produce in most instances results so different from the anticipation. I have uniformly exercised the utmost diligence in the attempt to obtain the assurance that each petition for the creation of a water district, presented to me for my official action, emanated from a majority of the land-owners in the section designated; and only when I had become satisfied that such was the case, have allowed the county to be put to the expense of a special election. The result of the elections in the Upper Los Nietos and Azusa Districts, and the subsequent action of the electors thereof, afford proof of the impossibility of any reliance being placed in the permanency of popular opinion upon subjects of which people collectively considered have not thorough cognizance; and the trivial, and at times unreasonable imaginations which more than all else tend to the creation of such rapid vacillation of purpose, prove that legislation, to be effective, must be positive and explicit to the fullest extent. In pointing out the defects which are in the Irrigation Act, it is needless to mention glaring accuracies, as in relation to the appointment and election of District Overseers; a careful perusal will render them apparent. But there are certain omissions and certain ambiguities of expression, which are noticeable only by coming into actual collision with them in an attempt to reduce the Act to practice. The first duties of the Superintendent of Irrigation are entirely preliminary in their nature and have no connection with the districts, which, however, cannot be organized until those preliminaries are performed. (See Sec.1, 3, and the first part of Sec. 3.) For these duties no compensation is provided. The Superintendent is further instructed and obligated to promote "an efficient and, as nearly as possible, a uniform system of irrigation throughout the school house in Orange," I submitted the latter proposition to them in October; the district was voted down by an overwhelming majority. Since that time I have been consulted by many of the citizens of that locality, regarding the feasibility of creating a district under the first mentioned position. By my advice any further steps have been def-rred until legislative action has relieved the Irrigation Act of some of its imperfections. Much active interest has been lately exhibited in the Los Nietos settlements of the San Gabriel river regarding the subject of irrigation, and I have been notified, semi-officially, that measures were being taken to create a district of those lands in accordance with my theory—incorporating within the exterior boundaries of the district all lands, irrigable from the San Gabriel river. By my advice the organization of this district has also been deferred until legislative action has been taken. Such is the record of my official action during my past term of office with a statement of the actual results obtained therefrom. In a report of this nature, extending as it does over so long a period, it is impossible to enter into any extended detail regarding the causes or influences which have arisen to produce in most instances results so different from the anticipated. I have uniformly exercised the utmost diligence in the attempt to obtain the assurance that each petition for the creation of a water district, presented to me for my official action, emanated from a majority of the land-owners in the section designated; and only when I had become satisfied that such was the case, have allowed the county to be put to the expense of a special election. The result of the elections in the Upper Los Nietos and Azusa Districts, and the subsequent action of the electors thereof, afford proof of the impossibility of any reliance being placed in the permanency of popular opinion upon subjects of which people collectively considered have not thorough cognizance; and the trivial, and at times unreasonable imaginations which more than all else tend to the creation of such rapid vacillation of purpose, prove that legislation, to be effective, must be positive and explicit to the fullest extent. In pointing out the defects which are in the Irrigation Act, it is needless to mention glaring accuracies, as in relation to the appointment and election of District Overseers; a careful perusal will render them apparent. But there are certain omissions and certain ambiguities of expression, which are noticeable only by coming into actual collision with them in an attempt to reduce the Act to practice. The first duties of the Superintendent of Irrigation are entirely preliminary in their nature and have no connection with the districts, which, however, cannot be organized until those preliminaries are performed. (See Sec.1, 3,andthe first partofSec.3.)Forthedutiesnocompensationisprovided.TheSuperintendentisfurtherinstructedandobligatedtomoprove"anefficientand，asnearlyaspossible,auniformsystemofirrigationthroughouttheschoolhouseinOrange.IsubmittedthelatterpropositiontotheminOctober;thedistrictwaswoveddownbyanoverwhelmingmajor.SincethattimeIhavebeenconsultedbymanyofthecitizensofthatlocality,Regardingthefeasibilityofcreatingadistrictunderthefirstmentionedposition.BYmyadviceanyfurtherstepshavebeendef-rreduntillegislativeactionhasrelievedtheIrrigationActofsomeoffixesindocordancewithmytheory—incorporatingwithintheexteriorboundariesofthedistrictalllands，irrigablefromtheSanGabrielriver.BYmyadvicetheorganizationofthisdistricthasalsobeendeferreduntillegislativeactionhasbeentaken. Suchistherecordofmyofficialactionduringmypasttermofofficewithastatementoftheactualresultsobtainedtherefrom.Inareportofthisnatureextendingasitdoesoversolongaperiod.itisimpossibletoenterintoanyextendeddetailregardingthecausesorinfluenceswhichhavearisentoproduceinmostinstancesresultso Differentfromtheanticipation.Ihaveuniformlyexercisedtheutmostdiligenceintheretreatmenttoobtaintheassurancethateachpetitionforthecreationofawaterdistrict,presentedtomeformyofficialaction,eemanatedfromamajorityofland-ownersinthensectiondesignated;andonlywhenIhadbeenconsultiedthatsuchwasthecase,haveallowedthecountytobeputto,theexpenseofaspecialelection.TheresultoftheelectionsintheUpperLosNietosandAzusaDistricts,andthe subsequentactionoftheelectors thereof,faffortproofoftheimpossibilityofanyreliancebeingplacedinthepermanencyofpopularopinionuponsubjectsofwhichpeoplecollectivelyconsidered,havenotthoroughcognizance;andthetrivial,andattimesunreasonableimaginationswhichmorethanallelse tendtothecreationofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionofsuchrapidvacillationofpurpose.provethatlegislation,totheproductionOfsuchrapidvacillationOfpurpose.proveThatLegislationIsNotAbleToBePursuedByTheRepublicantOfYourBoard,andShouldTheLegislature SeeFit ToInvestigateAnySuggestionsWhichIHave Made.IhavepreparedmyselftofurnishourRepresentativeswithsufficientdataToenableThemtoapproximateThecosttoTheCountyOfTheAmendmentstoherewornAndendorsedMypassActionByARejection.IhavebeencompelledtodevoteMyspacetopointingoutthedefectsOfTheIrrigationAct.IdonotwishtobeunderstoodascondainingTheActinToto.ButforitthequestionmadehereforyourBoard,andshouldTheLegislatureSeeFitToInvestigateAnySuggestionsWhichIHave Made.IhavepreparedmyselftofurnishourRepresentativeswithsufficientdataToapproximateThecosttoTheCountyOfTheAmendmentstoherewornAndendorsedMypassActionByARejection.IhavebeencompelledtodevoteMyspacetopointingoutthedefectsOfTheIrrigationAct.IdonotwishtobeunderstoodascondiningTheActinToto.ButforitthequestionmadehereforyourBoard,andshouldTheLegislatureSeeFitToInvestigateAnySuggestionsWhichIHave Made.IhavepreparedmyselftofurnishourRepresentativeswithsufficientdataToapproximateThecosttoTheCountyOfTheAmendmentstoherewornAndendorsedMypassActionByARejection.IhavebeencompledtodevoteMyspacetopointingoutthedefectsOfTheIrrigationAct.IdonotwishtobeunderstoodascondiningTheActinToto.ButforitthequestionmadehereforyourBoard,andshouldTheLegislatureSeeFitToInvestigateAnySuggestionsWhichIHave Made.IhavepreparedmyselftofurnishourRepresentativeswithsufficientdataToapproximateThecosttoTheCountyOfTheAmendmentstoherewornAndendorsedMypassActionByARejection.IhavebeencompledtodevoteMyspacetopointingoutthedefectsOfTheIrrigationAct.IdonotwishtobeunderstoodascondiningTheActinToto.ButforitthequestionmadehereforyourBoard,andshouldTheLegislatureSeeFitToInvestigateAnySuggestionsWhichIHave Made.IhavepreparedmyselftofurnishourRepresentativeswithsufficientdataToapproximateThecosttoTheCountyOfTheAmendmentstoherewornAndendorsedMypassActionByARejection.IhavebeencompledtodevoteMyspacetopointingoutthedefectsOfTheIrrigationAct.IdonotwishtobeunderstoodascondiningTheActinToto.ButforitthequestionmadehereforyourBoard,andshouldTheLegislatureSeeFitToInvestigateAnySuggestionsWhichIHave Made.IhavepreparedmyselftofurnishourRepresentativeswithsufficientdataToapproximateThecosttoTheCountyOfTheAmendmentstoherewornAndendorsedMypassActionByARejection.IhavebeencompledtodevoteMyspacetopointingoutthedefectsOfTheIrrigationAct.IdonotwishtobeunderstoodascondiningTheActinToto.ButforitthequestionmadehereforyourBoard,andshouldTheLegislatureSeeFitToInvestigateAnySuggestionsWhichIHave Made.IhavepreparedmyselftofurnishourRepresentativeswithsufficientdataToapproximateThecosttoTheCountyOfTheAmendmentstoherewornAndendorsedMypassActionByARejection.IhavebeencompledtodevoteMyspacetopointingoutthedefectsOfTheIrrigationAct.IdonotwishtobeunderstoodascondiningTheActinToto.ButforitthequestionmadehereforyourBoard,andshouldTheLegislatureSeeFitToInvestigateAnySuggestionsWhichIHave Made.IhavepreparedmyselftofurnishourRepresentativeswithsufficientdataToapproximateThecosttoTheCountyOfTheAmendmentstoherewornAndendorsedMypassActionByARejection.IhavebeencompledtodevoteMyspacetopointingoutthedefectsOfTheIrrigationAct.IdonotwishtobeunderstoodascondiningTheActinToto.ButforitthequestionmadehereforyourBoard,andshouldTheLegislatureSeeFitToInvestigateAnySuggestionsWhichIHave Made.IhavepreparedmyselftofurnishourRepresentativeswithsufficientdataToapproximateThecost.toTheCountyOfTheAmendmentstoherewornAndendorsedMypassActionByARejection.IhavebeencompledtodevoteMyspacetopointingoutthedefectsOfTheIrrigationAct.IdonotwishtobeunderstoodascondiningTheActinToto.Butforitthequestionmade herefor yourBoard,and should TheLegislature See Fit To Investigate Any Suggestions Which I Have Made I Have Prepared Myself To Furnish Our Representatives With Sufficient Data To Reach Out The Property Of The County And Personal Of The County And That At The Expiration Of Years A Sinking Fund Should Be Created By A Similar Tax To Pay Bonds At Mortality. Should these recommendations meet the approval of your Board,and should The Legislature see fit to investigate any suggestions which I have made myself to furnish our Representatives with sufficient data to enable them to approximate-the cost to-the county-of-the amendment-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the county-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of-the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_the country-of_thecountry-of_thecountry-of_thecountry-of_thecountry-of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_thecountry_of_ for these flumes has been contracted for, and will be distributed at the different points of construction, and the flumes constructed at a cost of less than $9,000; most of the remaining work has been contracted at a cost for excavation of 124 cents per cubic yard, equivalent to an expenditure per mile of $500. There will therefore remain on hand in the treasuries of the two districts, after the main ditches are completed, a balance of over $5,000, to be devoted to constructing subsidiary ditches for water distribution. In May, 1875, I received a petition from citizens living near El Monte, asking for the creation of a water district of their lands, but finding that a majority were opposed, did not take action upon it. In that month I also received a petition to the same effect from land-owners living upon the Azusa-Duarte rancho. In this case there being already in operation water ditches of sufficient capacity for present necessities, and the desire for organization under the Irrigation Act having arisen in order that certain water disputes between themselves, involving questions of prior right, might be adjudicated in the manner prescribed by the Act, there was no tax proposed. An election was held, and the district was carried by a decided vote in the affirmative. The Commissioners qualified and in a few days thereafter tendered to me their resignations. I referred them to your Board, and you, acting under legal advice, considered and accepted these resignations. The fifth clause of section seven of the Act makes it the duty of the Superintendent to fill by appointment vacancies, occurring in the several Boards of Water Commissioners. Until he receives official notification of the occurrence of such vacancies he can make no appointments to fill; I have not as yet received any official notification of your action. In July, 1875, application was made in the proper manner, to organize a water district of certain lands, situated in the ranchos Santa Gertrudes and Paso de Bariolo, and watered by the San Gabriel river. An election was ordered, but through an oversight on the part of the Clerk of your Board the proper publications were not made and the judges of election opened the polls at an earlier date than was allowable under the law. At this time the district was carried with but one dissenting vote; the mistake was subsequently notified, guidelines of expression, which are noticeable only by coming into actual collision with them in an attempt to reduce the Act to practice. The first duties of the Superintendent of Irrigation are entirely preliminary in their nature and have no connection with the districts, which, however, cannot be organized until those preliminaries are performed. (See Sec.1, 3, and the first part of Sec. 3.) For these duties no compensation is provided. The Superintendent is further instructed and obligated to promote "an efficient and, as nearly as possible, a uniform system of irrigation throughout the county;" and again it is placed out of his power to control the uniformity of the system by making him subject to the will of the people, as expressed in their petition, in the formation of water districts. I do not hold that the Superintendent should possess arbitrary powers, and I am confident that other portions of the Act invest him with too great authority should he either intentionally or ignorantly, see fit to exercise it; but I believe that the modus operandi of creating water districts and the definition of exterior boundaries should be distinctly provided for in the Act itself, without the possibility of misceception. (That this has not been done, reference is made to Sections 3 and 4.) I have already alluded to certain obstacles, which were encountered subsequent to the organization of Water District No. 1: but there are more serious difficulties opposing themselves in that and the second district. In each of these districts a tax was voted and levied for the purpose of constructing certain works of irrigation. These taxes are now delinquent, and in each district have not been collected in full. In the second district alone there remains unpaid, out of a tax of between $26,000 and $27,000, an amount exceeding $8,000. The Los Angeles and San Bernardino Land Company, which pays $18,000 of this tax, have paid up in full; the Land Company did not vote at the election; it will be seen, therefore, that the delinquent list is composed in a large measure of electors who voted affirmatively upon the tax. And it is well to mention in this connection that the reason of this delinquency is not based upon a personal apposition to the payment of the tax, but exists because they have not money sufficient to liquidate their obligations. The position in which the Commissioners are now placed is this: the client data to enable them to approximate the cost to the county of the amendments, briefly outlined above. It is not a pleasant task for an officer to use only words of censure regarding the Act which gave him position; and although in the present report, actuated by a desire to consolently discharge my duty to my constituents, who have honored me and endorsed my past action by a reelection, I have been compelled to devote my space to pointing out the defects of the Irrigation Act, I do not wish to be understood as condemning the Act in toto. But for it the question of irrigation, as regards this county, would have been as far from a practical solution as ever, nor could there have been demonstrated in any other way than by experiment the difficulties attendant upon the enforcement of an Act, delegating to the people the power to levy taxes for individual and mutual benefit. The Act itself has been the pregnant germ, and from it I doubt not that good fruit will come, not alone to the advantage of this county, but to the State at large. Although I do not imagine that what I have recommended above can have any bearing outside of the county, (for I thoroughly appreciate that the subject of irrigation is Protean to the utmost extent) still I believe that the operations of the "Bush Act" will in a humble way but confirm past experiences in the endeavor to promote the internal prosperity of the State. In my opinion, based upon a critical and practical investigation of the irrigation question during the past two years, there is only one method to solve the problem, and that is: 1st. By a legal and equitable assumption by the State of all water rights and privileges. 2nd. By a system of direct taxation upon the people. The panels of New York, the levees of the Mississippi and the railroads of Illinois and Kansas, each following the other at different periods in the financial growth of the States, are all evidences that the wisdom of this nation has hereof found no other solution to this problem of Internal Improvement, which, in a still different phase, offers itself at the present time to the Legislature of California. Respectfully submitted. Gao C. Kwox, Superintendent Irrigation for Los Angeles County. Los Angeles, Dec. 4th, 1875. PRESIDENT'S MESSAGE. Spreads of the Message in the Forty-fourth Congress. SAN FRANCISCO, Dec. 7. The President's message has been partly received by telegraph. It begins with a brief review of the history of the country for the last hundred years, tracing its progress in territory, population, arts, science, agriculture, commerce, mining, mechanics, law, medicine and general education. On the subject of education, which is the first one receiving special attention, the President recommends a constitutional amendment in various States, making it a duty of the States to establish and maintain public schools adequate to the education of all children in rudimentary branches within their respective limits, irrespective of sex, color, birthplace or religion; forbidding the use in said schools of illogical, atheistic or pagan text books, and prohibiting the granting of any school funds or school taxes by legislative, municipal or other bodies for the benefit of any other object of any nature or kind whatever. In this connection the President deprecates the accumulation of vast amounts of untaxed church property, which now aggregate about one billion in value. Relations with most foreign powers are on a satisfactory footing. Copies of the reciproity treaty with Hawaii were submitted with the message for proper legislation to put it in force. In the Cuban matter the President dilates on the nuisous condition of affairs on that island, and its injurious effect on the business of this country, and considers that the insurgents have not so far established a stable government, and recognition by the United States would be impracticable and indefensible. He also objects to the recognition of belligerency of those insurgents, both on the ground of duty and policy, as the true course to be pursued in Cuban matters, but does not at the present recommend any direct measures to that effect. Referring to the certain propositions submitted by Spain for reforms in Cuba, he says if such measures do not bear speedy fruit in bringing about peace, he will consider it his duty to act on early day much more vigorous. NEW ADVERTISING D. C. Hayward Seal-Tropical Nursery, 100,000 Fruit Trees for sale at the lowest possible price. I have a full stock of Oranges, Lemons and Limes. APPLES, PEARS, PEACHES, APRIOTS, PLUMS, NECTA-RINES, CHISTNURS, ENGLISH WAL-NUTS, ETC. Four Varieties of CHOICE BOOTED GRAPEVINES. I have the elephant stock, of true that never offered to the market in Southern California; which I am offering at Bottom Prices. Parties wishing to purchase large or small kills will find it in their interest to call and see me before purchasing elsewhere. I will guarantee my stock to give satisfaction. Terms One-third cash balance to sell purchases. Nursery is located one-quarter of a mile South of Orange. D. C. HAYWARD deal1-Sim Orange, Los Angeles county. N. S. AUSTIN Jr. Commission Merchant, LOS ANGELES ST., ARAMEE. HAVING connected himself with the well-known house of Lightfield, Webb & Co., of San Francisco, is now prepared to bring on ship all kinds of grain or produce. Consignments collected upon which liberal advances will be made. Sacks and prins furnished at the longest rates. Agent for the Kinstly Huggles and Wagona. L. X. L. Wind Mill, the Jumei Corn Planter, and all kinds of Draining Implement; also the Old Hartford Fire Insurance Co. Kansas! Delays are dangerous. A Word to the Gentlemen. If you are perplexed to know what to purchase for your wife, mother, sister or servant for a Christmas present, just call at Miss Rhoeva Millinery Store, where you will find not only stylish hats, but many an elegant accessory to the toilet, which the ladies will gladly accept as a Christmas offering. and considers that the insurgents have not so far established a stable government, and recognition by the United States would be impracticable and indefensible. He also objects to the recognition of belligerency of those insurgents, both on the ground of duty and policy, as the true course to be pursued in Cuban matters, but does not at the present recommend any direct measures to that effect. Referring to the certain propositions submitted by Spain for reforms in Cuba, he says if such measures do not bear speedy fruit in bringing about peace, he will consider it his duty to at an early day make such recommendations to Congress as may seem necessary. The number of pensioners is decreasing, but the amount due on the pension roll has increased to 4,473,313, owing to the increased average rate of pensions. At the close of the last fiscal year there were on the pension rolls 23,585 persons; 210,393 army pensioners, 105,475 being invalids, and 104,805 widows and dependent relatives; 3,420 Navy pensioners, of whom 2,636 were invalids and 1,034 were widows and dependent relatives. 24,038 were pensioners of the war of 1812, 12,375 of whom were survivors, and 5,163 widows. It is estimated that $29,535,009 will be required for the payment of the pensions for the next fiscal year; an amount $65,000 less than the estimate for the present year. Geological explorations have been prosecuted with energy during the year, covering an area of 40,000 square miles in the Territories of Colorado, Utah and New Mexico, developing agricultural and mineral resources and furnishing interesting scientific and geographical details of that region. The method of treatment of Indians adopted at the beginning of the first term has been steadily pursued, with satisfactory and encouraging results. It has been productive of evident improvement in condition of race, and will be continued with only such modifications as further experience may indicate to be necessary. He recommends a liberal outlay to represent the Government at the Centennial, and recommends estimates for appropriations to the favorable consideration of Congress. He refers to Mexican raiders on the border and efforts made to prevent them, stating that the military force on the borders was too small to effectively guard the line. He hopes the armed vessel recently placed on the Rio Grande would accomplish the desired purpose, but makes no recommendations. In reference to the Court of Commissioners on Alabama claims, he recommends an extension of time to enable them to better complete their work. He recommends the establishment of a special court for the consideration of claims of aliens against the U.S. Government. He recommends an appropriation sufficient to at once place the double turreted monitors now undergoing repairs, in condition for service. He recommends the renewal of the subsidy to United States vessels carrying mails between New York and Rio Janeiro, which caused the 30th of September last. In reference to the Court of Commissioners on Albama claims, he recommends an extension of time to enable them to better complete their work. He recommends the establishment of a special court for the consideration of claims against the U.S. Government. He recommends an appropriation sufficient to at once place the double turreted monitors now undergoing repairs, in condition for service. He recommends the renewal of the subsidy to United States vessels carrying mails between New York and Rio Janeiro, which caused the 30th of September last. He suggests the excluding from the malls merchandising of all kinds. In relation to the Black Hills, he anticipates that with increased immigration to that neighborhood next year, greater difficulty in protecting the rights of Indians and considers some action by Congress necessary to relieve the embarrassment likely to result. The Secretary of the Interior will soon make a full report on the condition of Indian territory when some recommendations may become necessary. The Patent Office is reported to be in a prosperous condition; the income exceeds the expenditure. The report of the General Land Office shows 2,456,800 acres less disposed of during this than last year. More than half this decrease was in land disposed of under the Homestead and Timber Cutting laws. The causes of the decrease are supposed to be found in the grasshoppers and droppings which prevailed so extensively in some of the frontier States and territories. The cash receipts are less by $69,032,223 than during the preceding year. The entire surveyed area of public domain is 680,253,097 acres of which 26,015,581 acres were surveyed during the past year, leaving 45,471,763, and is still unsurveyed. Schlitz & Bergenthal, of Milwaukee, rectifiers, convicted of shipping goods without entering them as required by law, have been sentenced to four months imprisonment in the County Jail and to pay a fine of $1,000 each. The Weaverville Journal demands that the incoming Legislature shall forthwith pass a much-needed law for the metropolis of the Trinity mining district, namely, a statute of full force and power to prevent hogs from running at large in the enclosed thoroughfare of Weaverville.