anaheim-gazette 1881-01-29

WEEKLY GAZETTE. SATURDAY...JANUARY 29, 1831. RIPARIAN OWNERSHIP. This community has been awaiting with patience, or more properly speaking, with impatience, for the Supreme Court to render a decision in the appealed Los Angeles City water cases. There is a general impression, which may or may not be well-founded, that the Court will reverse the decision of its predecessors and declare that the doctrine of riparian ownership, as laid down in that decision, is not applicable to the condition of things here, and will, if carried out, prove ruinous to some of the most prosperous communities in Southern California. That they will take this ground in enunciating their decision we verily believe, as Justice Ross, from his intimate knowledge of water rights in Southern California, will not suffer his colleagues to be led astray by specious arguments, but will see that they are made acquainted with the facts as they actually are. It is the duty of the Legislature, however, to enact a law so unmistakably plain in language as not to suffer from misinterpretation, defining the rights of riparian proprietors. We submit the following short bill, which, if passed by the Legislature, would settle the question forever. This act was prepared by an able lawyer of Los Angeles, who has had occasion to study the whole matter of water rights, and there can be no question that if it became a law it would effect what is claimed for it. We commend the matter to our delegation at Sacramento: An Act to amend Section Fourteen Hundred and Twenty-Two of Distribution of Water for purposes of Irrigation. The people of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Any person or corporation appropriating water for sale and distribution for purposes of irrigation under a franchise granted by the people, or under the laws of this State, shall not be permitted to discriminate in the sale or distribution of such water in favor of or against any person owning, holding, or residing on land on the line and within the flow of the ditches or canals of any such person or corporation, either in price of water, or supply thereof, or construction, or maintenance of ditches, bridges, or culverts, or in any other manner whatever. Sec. 2. It shall be the duty of the Board of Supervisors in the county in which such irrigation works are located, whenever ten persons injured shall petition them that the rules and regulations of such corporation are unjust or oppressive towards any portion of the community, to order such change or modification as may to them seem just and reasonable to all concerned. Sec. 3. Any person or corporation who shall violate any of the provisions of this Act shall be liable to the party injured in the sum of fifty dollars, in addition to the actual damages the party may sustain. Sec. 4. This Act shall take effect immediately. Referred to Committee on Irrigation. ASSEMBLY BILL No 197. INTRODUCED BY MR. GRIFFITH, JAN. 14, 1881. An Act to compel Individuals, Companies or Corporations owning or controlling water for purposes of Irrigation, to distribute the water pro rata among purchasers in times of scarcity. The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Any individual, company, or corporation owning or controlling the water flowing in any ditch, canal, pipe, or flume, for purposes of irrigation, shall, in times of drought, or when there is not a sufficiency of water in such ditch, canal, pipe, or flume to mete out to each purchaser the full amount of water purchased by him, distribute, or he has drawn promptly and so that for the valuable services rendered above he has drawn during the past six years. Not include mileage, which also claimed. PACIFIC COAST N. The junction of the A. T. and the Southern Pacific will make some time during March. The St. Helena Star says that product of Napa county for 1888 gallons. To make that quantity 969,000 pounds of grapes were $424,612 50. A new pest has appeared near Healdsburg. It is a small hatched from eggs laid by a fly left exposed after pruning. The destructive to the vine, as they lay the pith and cause an internal infestation. The United States District Court tended four of the Mussel Slots convicted of resisting the U.S. pay each a fine of $300 and billed for eight months. Five men were one of them has been granted. Wells, Fargo & Co. have closed offices at Georgetown, Greenwoodley, Forest Hill and Michigan; of the frequent plundering of trees boxes. They say they have robbery than they have earned during the past ten years. The fruit-growers of Santa Clara have agreed to support a bill section of orchards. One orcharded the opinion that a commission proposed to be conferred appointed five years ago, would worth $500,000 to the county. Letton said that the scalebug took him $7,000. It was agreed that should be extended to wine-grapes as orchardists, and it was reasoned an amendment to the Baker Acre scalebug, phylloxera and oak insects. Last Sunday, a week ago, C.C., a lot of "bow-boys," took in a miles from Charleston. While if passed by the Legislature, would settle the question forever. This act was prepared by an able lawyer of Los Angeles, who has had occasion to study the whole matter of water rights, and there can be no question that if it became a law it would effect what is claimed for it. We commend the matter to our delegation at Sacramento: An Act to amend Section Fourteen Hundred and Twenty-Two of the Civil Code and to Define the Rights of Riparian Proprietors. The people of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Section Fourteen Hundred and Twenty-Two of the Civil Code is hereby amended so as to read as follows: Sec. 1422. The rights of riparian proprietors are not affected by the provisions of this Title. A riparian proprietor is a person who owns land bordering upon a water course, and as such proprietor has the right to appropriate and use water enough from the stream for his domestic purposes, for driving machinery, and for watering his stock actually kept by him, on land owned by him and riparian to the stream. Sec. 2. This Act shall take effect immediately. Since the above was in type, we have received from Sacramento printed copies of all the bills which have been introduced on the subject of water rights and irrigation. We present them below, reserving comments until some future time: ASSEMBLY BILL No. 107. INTRODUCED BY MR. GRIFFITH, JAN. 7, 1881. An Act to amend Section Fourteen Hundred and Twenty-Two of the Civil Code, relating to Water Rights and Riparian Proprietors. The people of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. Section fourteen hundred and twenty-two of the Civil Code is amended to read as follows: Sec. 1422. A riparian proprietor is one through whose land a natural stream flows, or whose land borders upon a natural stream, and he has only the right to the flow of sufficient water in such natural stream for culinary, domestic, and household purposes, and to water the live stock which he keeps on his land, through which, or on the borders of which such natural stream flows; and after making a liberal allowance for the purposes above specified, it shall not be a violation of his rights as a riparian proprietor to divert the remainder of the flow from such natural stream for any useful or beneficial purpose. SENATOR WEST has succeeded in having passed to engrossment his bill appropriating $50,000 for the establishment of a Normal School in Los Angeles. A reference to the record shows that whatever measure is instituted by our Senator he pushes with a vim and generally to a successful issue. We feel certain that his efforts to secure a State educational establishment for this county will be ably seconded by Messrs. Crank and Del Valle in the Assembly. Los Angeles county never had a better delegation in the State Legislature than it has to-day. The bill has been defeated, but we will let the above paragraph stand as it is. When the bill came up for passage, seventeen Senators voted in favor of it and twenty-one against it. If the thrifty farmers of Maine cannot make a success of beet raising for sugar making, it is to be doubted whether success will follow any efforts made in that direction in California. The Maine Beet Sugar Company, about which there has been various conflicting rumors, has settled the question by stopping work and shipping all its machinery to some part of New York State. There is no trouble about growing beets in Maine, but the Sugar Company either could not or would not pay the far powers proposed to be conferred appointed five years ago, worth $500,000 to the county. Leton said that the scalebug to him $7,000. It was agreed that should be extended to wine-grapes as orchardists, and it was resigned an amendment to the Baker Acre the scalebug, phylloxera and insects. Last Sunday, a week ago, Cain a lot of "cow-boys," took in a miles from Charleston. While were proceeding the gang went slowly Bill coolly told the parson talk or he would shoot an eye congregation scattered like a tridges. They did not like music. The whole party were week and fined $50 each, and they paid, but the church people had over the fright. — Tuscon (A. T. Del Valle has introduced a solution in the Assembly asking repeal the act granting to the commercial Company the right to the Islands of St. Paul and St. Alaska, and the passage of law citizens to fish therein. The preceded by a long preamble, the law referred to, and ex Sewell's opinion in a report there familiar to all newspaper readers referred to the Committee on Lions. Mr. Crank presented from the citizens of Los Angeles the Legislature to instruct our Representatives in Congress to ed changes in the internal revenue to the tax on brandy. R Committee on Culture and In Grape Vine and Fruit Trees. The first annual report of the cultural Commission has been submitted to the Governor. The President of the Community Harazthy, requests an approval of 000 for the next two years. It is proposed to expend $3,000 experiments against phylloxera of the vine, and $2,000 for apert's salary. The amount of at San Francisco from the income was 3,759,743 gallons, and in gallons. The amount of brad 1880 was 133,764 gallons, and in 1879. The shipments of w State in 1880 were 2,487,253 715 being by sea and 941,638 1879 the total export of wine gallons. During 1880 the brandy were 189,098, about being sent by rail and sea over 1879 was 25,206 gallon numbers the vintage of 1880 mated to range between 10,000,000 gallons, the value of mated to be $3,312,500. The sins and grapes used for table preserving makes the grand grape production about Sec. 1422. A riparian proprietor is one through whose land a natural stream flows, or whose land borders upon a natural stream, and he has only the right to the flow of sufficient water in such natural stream for culinary, domestic, and household purposes, and to water the live stock which he keeps on his land, through which, or on the borders of which such natural stream flows; and after making a liberal allowance for the purposes above specified, it shall not be a violation of his rights as a riparian proprietor to divert the remainder of the flow from such natural stream for any useful or beneficial purpose. SEC. 2. This Act shall take effect immediately. Referred to Committee on Irrigation. [Amended so that subsequent appropriator may deliver to riparian proprietor water for culinary, etc., purposes by most economical means, whether by pipe, flume or ditch.] ASSEMBLY BILL No.142. INTRODUCED BY MR. GRIFFITH, JAN. 11, 1881. An Act to amend Section Fourteen Hundred and Fourteen of the Civil Code, relating to Water Rights. The people of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section fourteen hundred and fourteen of the Civil Code is amended to read as follows: Section 1414. As between appropriators, the one first in time is first in right, except as provided in this Section. Any one who fails to use all the water claimed in his notice, and for the purposes therein specified, shall be first in right only as to the amount of water he has continuously appropriated for such specified purposes, from the date of the recording of his notice in the office of the County Recorder of the county in which said notice was posted. SEC. 2. This Act shall take effect immediately. Referred to Committee on Irrigation. ASSEMBLY BILL No.196. INTRODUCED BY MR. STREETER, JAN. 14, 1881. An Act to provide for the better Government of Corporations engaged in the Sale and sugar making, it is to be doubted whether success will follow any efforts made in that direction in California. The Maine Beet Sugar Company, about which there has been various conflicting rumors, has settled the question by stopping work and shipping all its machinery to some part of New York State. There is no trouble about growing beets in Maine, but the Sugar Company either could not or would not pay the farmers remunerative prices. The latter say that they can make more money in raising beets and feeding them to stock than in selling them to the sugar manufacturers. THE Senatorial record of that colossal fraud, Sharon of Nevada, is shown up in a recent issue of a New York paper. It shows that Sharon entered public life in March, 1875. He did not show himself at Washington until February, 1876, but he drew his pay all the same. His record since that time is given in the following table: Total days of the Senate in session...694 Total days of Sharon present and voting...53 Total days in doubt...71 Total days of Sharon an absentee...570 Sharon's percentage of attendance...07 Sharon's percentage of non-attendance...83 In doubt...10 As to the total results in a parliamentary way of Mr. Sharon's service of nearly six years, we have these amazing figures: Total number of speeches made by Sharon...3 Total number of minutes consumed by Sharon in oratory...4 Total number of personal explanations...1 Total times participating in debate...0 Total number of bills introduced...0 Total number of petitions presented...4 Total number of motions to refer petitions...4 Mr. Sharon's salary ($5,000 a year) On the night of the 24th attempt was made to destroy (Santa Barbara county) Hotel bombs into it. Only one of plowed and the damage done it is said that the attempt greatly opposition manifested to the Butchart, the proprietor. Started and everywhere advertised colony. A clause excluding the manufacture and sale liquors thereon was to be and sorted in every deed and lease Butchart has persistently at first on the sly, but then tended to yield to the public opinion as manifested nation meetings of all the women of the valley. To point by the meetings enmiled on him he promised to abide ten contract, referred to in this and to his previous verbal amuses. Once in Lompoc he by a jury of selling liquor sentenced to pay a fine of $50 and disorder were growing more serious effects were feared meeting was recently held ask him to keep his promises not come out to hear the majority depressate any snip as might endanger anyone's property of third partition, little need for Butchart. Opinions are opinions plentiful, but most intending that only a scarce was intended has drawn promptly and uniformly, that for the valuable services enugered above he has drawn $30,000 during the past six years. This does not include mileage, which he probably also claimed. PACIFIC COAST NEWS. The junction of the A. T. and S. F. road and the Southern Pacific will assuredly be made some time during March. The St. Helena Star says that the wine product of Napa county for 1880 is 2,830,750 pounds. To make that quantity of wine 339,000 pounds of grapes were used, worth $24,612 50. A new pest has appeared in a vineyard in Pearl Healdsburg. It is a small white ant attached from eggs laid by a fly in the pith it exposed after pruning. The ants are constructive to the vine, as they work through the pith and cause an internal rot. The United States District Court has sentenced four of the Mussel Slough settlers, convicted of resisting the U. S. Marshal, to pay each a fine of $300 and be imprisoned for eight months. Five men were convicted, but one of them has been granted a new trial. Wells, Fargo & Co. have closed their offices at Georgetown, Greenwood, Todd's Valley, Forest Hill and Michigan Bluff because of frequent plundering of their treasure boxes. They say they have lost more by robbery than they have earned on the routes during the past ten years. The fruit-growers of Santa Clara county have agreed to support a bill for the production of orchards. One orchardist expressed the opinion that a commission, with the growers proposed to be conferred by this act, appointed five years ago, would have been worth $500,000 to the county. G. W. Tarleton said that the scalebug this year cost him $7,000. It was agreed that protection should be extended to wine-growers as well as orchardists, and it was resolved to seek an amendment to the Baker Act, including the scalebug, phylloxera and other noxious insects. Last Sunday, a week ago, Curly Bill, with lot of "bow-boys," took in a church four miles from Charleston. While the services San Francisco Market. Corrected weekly by Spear, Meade & Co., No. 316 and 318 Washington St. S. F. Wheat—No. I, $1 35@1 37½; No. 2, $1 30@1 32½. Barley—Coast feed, 80@90; Chevalier, 90@$1 10. Corn—Large Yellow, $1 07½c@$1 1 10; Small Yellow, $1 07½c@$1 10. Rye—$1 45@1 50. Beans—Bayo, $1 00@1 25; Butter, Small $1 35@1 40; Large, $1 60@1 75; Castor, $3 @3 50; Lima, $2 00; Pea, $1 50; Pink, $0 95 Reil, $1 05@1 15; Small White, $1 60@1 75; Large White, $1 45@1 55¢ ctl. Potatoes—Early Rose, 45@55¢. Beeswax—21@22¢ lb. Onions—Yellow, $1 50¢ ctl. Eggs—Fresh Cal. $ doz, 22½c@25¢. Honey—Strained, 6½c@7c; dark, -5½c@6½c; comb, 12@15¢. Butter—Fair to good, 25%@30%; inferior to ordinary, 20%@24%; inside rate for mixed lots from country stores. Walnuts—$9@10¢. Wool—Southern and San Josquin, 11@14¢ according to condition. Oranges—California, $3@$4 per box. Lemons—Sicily, $6@$9 per box. Limes—California, $3@$7 per box. Thermometrieat Record. The following is our record for the week ending Wednesday P. M. Jan. 26th, giving lowest point by night preceding date and highest by day: DATE. Lowest Highest F.M. January ...20 37 37 62 52 " ...21 49 56 69 61 " ...22 52 52 67 51 " ...23 34 34 68 50 " ...24 34 34 58 52 " ...25 45 45 59 53 " ...26 42 43 62 53 Average Temperature ...50° Average highest and lowest ...52° Money To Loan. Apply to R. W. SCOTT, Attorney at Law. Money To Loan Apply to VICTOR MONTGOMERY, Attorney at Law, Anaheim. Scotch Fife WHEAT! ROBT. W. SCOTT, ATTORNEY AT LAW AND NOTARY PUBLIC. Commissioner of Deeds for Arizona Territory. Kroeger's Block, Anaheim, Cal. H. M MITCHELL, Attorney and Counselor at Law, Office—Rooms 76 and 77 Temple Block, LOS ANGELES. M. L. WICKS, Attorney-at-Law, Rooms 86 and 87, Temple Block, LOS ANGELES MOYE WICKS, Attorney-at-Law, Congress Street, IUCSON ARIZONA Business promptly attended to. Agents Wanted. Parties Qualified and Destroous of Representing agency of Foreign Fire Insurance Companies Will please apply to P. O. Box 2269, San Francisco. References and Bonds Required. STATEMENT OF THE CONDITION OF THE Bank of Anaheim, At the close of Business ON MONDAY, JANUARY 17th, 1881. ASSETS. Cash on hand ...$13,352 79 Bills receivable ...36,059 24 Furniture and Fixtures ...3,962 73 Overdrafts (secured) ...4,611 58 Real estate taken for debt ...10,287 31 Stock (Odd Fellowa B.A.) ...2,002 00 Due from other banks ...7,504 47 Current expenses and taxes, paid ...871 06 Other Assets ...1,544 21 LIABILITIES. Due depositors ...$58,695 49 Paid up capital ...20,000 00 Reserve fund ...1,500 00 State of California. County of Los Angeles. I. S. H. Mott, and I. R. F. Seibert, the President and Cashier of the Bank of Anaheim, being duly sworn, do each depose and say that the above statement is true as we each verily believe. S. H. MOTT, Presidents. B. F. SEIBERT, Cashier. Subscribed and sworn to before me this 10th day of January A. D. 1881. G. B. SHAFFER, Notary Public. STATEMENT OF THE...Bank of Anaheim, Of the amount of Capital paid up in Gold Coin. MONEY TO LOAN Apply to VICTOR MONTGOMERY, Attorney at Law, Anaheim. Scotch Fife WHEAT! For seed. A limited quantity of superior quality for sale by A. GUY SMITH & CO. F. & J. BACKS, Importers, Manufacturers and Dealers in Furniture, Bedding, Paper Hangings, Picture Frames, etc, UNDERTAKERS, Agents for the VICTOR SEWING MACHINE. Los Angeles Street, : : Anaheim. DRESSMAKING. THE MISSES EVEY BEG TO INFORM THE PEOPLE OF Anaheim and vicinity that they have opened a Dressmaking shop on Center Street, adjoining Goodman & Ripapu's store, and solicit the patronage of the indies. Satisfaction guaranteed in every respect. Cutting and fitting made a Specialty. Our terms and charges will be reasonable. B. DREYFUS, Anahiem, San Francisco J. FROWESFIELD, New York B. DREYFUS & CO., Growers and Dealers in California Wines and Grape Brandy. 600 to 642 Brannan Street, San Francisco, 45 Broadway, New York. STATEMENT ...OF THE... Bank of Anaheim, Of the amount of Capital paid up in Gold Coin. Capital paid up in Gold Coin...$20,000 00 State of California, County of Los Angeles. I. S. H. Mott, and I. B. F. Seibert the President and Cashier of the Bank of Anaheim, being duly sworn, do each depose and say that the above statement is true as we verily believe. S. H. MOTT, President. B. F. SEIBERT, Cashier. Subscribed and sworn to before me, this 19th day of January A. D. 1881. G. B. SHAFFER, Notary Public. L. GUNTHER, Pioneer Boot and Shoe Maker, Cor. Adele and Los Angeles streets. ANAHEIM. GEORGE BAUER, BOOT AND SHOE MAKER, Los Angeles Street. MAKING AND REPAIRING AT THE LOWEST cash price. All orders promptly attended to All work guaranteed. CHARLES WILLE, COOPERAGE. Pipes, Barrels and bags on hand at all times. Tanks and Tubs made to order. Honev Barrels for sale cheap. MILES BROS. WAREHOUSEMEN AND COMMISSION MEN-DETECTS. All arrangements of produce shipped through us will be sold at the highest market rates. Liberal cash advances will be made. Stocks, twins and hale rope sold at low figures. Agents for all kinds of farming implements. Also agents for the Phoenix and Home Insurance Co.'s. Offer in Warehouses, near Hall road denot. GOODMAN & RIMPAU, DRY GOODS PALACE, Center Street, ANAHEIM. WE HAVE REDUCED OUR PRICES Thus early in the Season in order to make a thorough clearance for our SPRING STOCK. Every Article will be sold at BED - ROCK PRICES FOR CASH. MASQUERADE BALL. 250 Dozen JOUVIN'S AND ANGEL'S Two-Button K-I-D G-L-O-V-E-S 250 Dozen JOUVIN'S AND ANGEL'S Two-Button K-I-D G-L-O-V-E-S Opera, White and Colored, At $1 25 cents per pair, FORMER PRICE, $1 75, at Hippolyte Cahen's Center St., Anaheim. Garden Seeds. Flower Seeds George F. Sylvester Importer, Wholesale and Retail Dealer in SEEDS! SEEDS! FRUIT & EVERGREEN TREES, PLANTS, ETC ALFALFA, GRASS AND CLOVER SEEDS In Large Quantities and offered in lots to suit Purchasers. Hedge Shears. Pruning and Budding Knives, Green House Syringes, Etc., Etc. Seed Warehouse, 317 Washington Street, San Francisco, Cal. M.A. MENDELSON COMMISSION MERCHANT AND DEALER IN... HIDES AND PELTS. LIBERAL ADVANCES MADE ON WOOL. Licensed Auctioneer. Center Street, Anaheim. Exotic Gardens, NEW LOS ANGELES STREET, Rear of Cathedral. LOS ANGELES. LOUIS J. STENBEL, Proprietor. My assortment of PLANTS and SHRUBBERY Of all kinds for the season of 1881 is larger and more complete than that of any other nursery in Southern California, and I guarantee that My Prices are Lower Than those of any other first-class nursery in the State, and I guarantee all plants sent out from my nursery to be in a healthy condition. HIDES AND PELTS. LIBERAL ADVANCES MADE ON WOOL. Licensed Auctioneer. Center Street, Anaheim. NEW STORE! BEG TO INFORM THE PUBLIC THAT I HAVE removed to two doors East of my former location on Center Street, Anaheim, and that I will now keep A Full Assortment of GROCERIES, TOBACCO, CIGARETTES, Etc., in addition to my usual stock of FRUITS AND CANDIES. The patronage of the public is respectfully solicited. J. HELMSEN. Dissolution Notice. THE FIRM OF LEONARD & DROWN IS THIS day dissolved by mutual consent. All knowing themselves to be indebted to us by note or otherwise are requested to call and settle at once without further notice. LEONARD & DROWN; Anaheim, January 1st, 1831. The Old German School. GERMAN, FRENCH, GYMNASTICS AND CALISHTDES FOR MAYNES AND GILLES. Furnishing, Warming and all unities of a Grammar and a High Neighbour course taught, according to improved methods. Minimum tuition (method of Instruction) a Specially. A. T. JULIUS VOIOT. LOUIS J. STENBEL, Proprietor. My assortment of PLANTS and SHRUBBERY Of all kinds for the season of 1831 is larger and more complete than that of any other nursery in Southern California, and I guarantee that My Prices are Lower Than those of any other first-class nursery in the State, and I guarantee all plants sent out from my nursery to be in a healthy condition. Order any Plant you want And I can furnish it. Special attention is given to orders sent by mail. A special invitation is given to everyone to call at my nursery and see my assortment of plants. WHEAT LANDS FOR RENT. THE UNDERSIGNED HAS SEVERAL THOUSAND acres of first-class wheat land, certain to produce a crop, which he will rent on terms very favorable to the router, and in such sized tracts as may be desired. Seed Wheat Purchased at a low rate and on easy terms. For information as to terms, etc., apply at the "Ganette" office or to GEORGE IRVINE, San Juanquin Ranch. P. O. Address, Tustin City. G. H. KELLOGG, General Commission Merchant, —AND DEALER IN— Provisions and Groceries. Especial attention paid to Country Orders. Consignments Solicited. 425 Clay Street San Francisco.