anaheim-gazette 1881-11-19

WEEKLY GAZETTE. County Official Paper. SATURDAY...NOVEMBER 19, 1881 RIPARIAN RIGHTS. Mention was made by the Gazette last week of the decision of Judge Brundage of Kern county in the case of Lux et al against Haggin et al. We find in the Los Angeles Herald a clear synopsis of the decision, prepared for that paper by an able lawyer, which we take the liberty of copying in our columns. It is as follows: The plaintiffs based their claims to the waters of Kern river upon the ground that they were riparian proprietors, holding title under patents issued by the State to two parcels of land situate in Buena Vista Swamp, Kern county. Kern river empties into Buena Vista and Kern lakes, and in times of freshet the lakes overflow and the surplus passes into the swamp where the Lux & Miller lands is situated. At a point some fifty miles above the plaintiffs' lower tract the defendants, in 1875, (before the State patents had issued to the plaintiffs) diverted a portion of the waters of Kern river through the Catloway canal, and by this means irrigated a very large area of country previously barren; rendering it wonderfully productive. The point of diversion used by the defendants is located on land belonging to the United States and the ditch passes over government lands for some distance before reaching the place where its waters are utilized. Judge Brundage divides his opinion into ten parts. The first point treats of the plaintiffs' contention that the common law being in force in California, the law of riparian rights, as understood in England, must control. In considering this question the Court refers to the fact that the common law is made up of usages and customs growing out of the wants and necessities of the public, and that it can only be applied where adapted to the condition of the people, and the Judge inclines to the view that the ancient law of Judge Brundage divides his opinion into ten parts. The first point treats of the plaintiffs' contention that the common law being in force in California, the law of riparian rights, as understood in England, must control. In considering this question the Court refers to the fact that the common law is made up of usages and customs growing out of the wants and necessities of the public, and that it can only be applied where adapted to the condition of the people, and the Judge inclines to the view that the ancient law of England recognized title by appropriation, and that the more restricted doctrine is of modern growth. In the second place it is held that whatever may be or may have been the law of England that the riparian principle has no application to lands of this State or of the United States. In support of this view the many decisions of our Supreme Court and those of the Supreme Court of the United States recognizing the superior rights of the first appropriator on the public domain of waters for mining, mechanical and agricultural purposes are cited at length. The late San Bernardino case—Pope vs. Kinman—is alluded to and nothing is there found to militate against the previously declared rules. Says the Court, "at most all that this case can be said to decide is that a party claiming vested rights under a Mexican grant ante-dating the inception of any customary law could not be said not to have acquired under the civil law some riparian rights. What those rights were the court expressly refused to decide." The third point passed on is that there is nothing in the Code, sections 1410 to 1422, changing the doctrine already announced or recognizing the paramount character of the riparian right. A fourth reason assigned is that if the riparian law prevails to its fullest extent, yet even then the defendants would have a right to a reasonable use of the waters of the river. Irrigation in arid climates is a reasonable use, and the quantity appropriated by defendants and the mode adopted by them to consummate the appropriation are held to be in conformity with the demands of the law upon that subject. The fifth proposition discussed pertains to the question as to whether the plaintiffs have any right to resort to a court of equity for an injunction without having first established their title at law. On this branch the Court also seems to view the matter adversely to Lux & Miller. The sixth reason given why the plaintiffs should not prevail is that they have been guilty of laches—have slept on their rights. If they intended to interfere with the defendants' appropriation they should not have permitted the latter to spend large sums of money in constructing their canal and improving the surrounding country without objection or protest. The seventh point upon which Judge Brundage gives his opinion is that, after all, Guiteau again managed to get on his feet just as Scoville sat down, and exclaimed with a motion of his clenched fist: "I indorse every word of that, and I tell Robinson that if he does not do everything just as I want it done, he can step out of the case. That is short." Later in the case Scoville said: "General Butler is the choice of the prisoner's relatives and of the prisoner himself. If the matter is to be continued, let it be continued long enough so that we can get such counsel as we want, and we will be prepared with counsel who will be fit to cope with the eminent counsel on the other side. We do not want the Court to assign counsel. We will employ counsel ourselves if the case be continued." Scoville insisted that he would not go into the case further until he knew of additional counsel. Guiteau's speech, which he wished to make to the Court, is a rambling and remarkable document. He charges that Garfield's death resulted from malpractice. Then he says: "General Garfield was President of the United States, and I am one of the men that made him President. His nomination was an accident, his election the result of the Stalwarts, and his removal a special providence. Being President, he was in a position to do vast harm to the public, and was doing it by the unwise use of patronage, and the Lord and I took the responsibility of removing him." "Nothing but the political situation justified President Garfield's removal. The break in the Republican party was widening week by week, and I foresaw civil war. My inspiration was to remove the late President at once, and thereby close the break before it got so wide that nothing but another heartrending and devastating war would close it. The last war cost the nation a million of men and a billion of money. The Lord wanted to forbid a repetition of this desolation and inspired me to execute his will. Why did he inspire me in preference to some one else? Because I had the brains and the nerve to do the work. On the trial of my case I propose to summon some of the leading politicians of the Republican and Democratic parties; also leading New York and Washington editors, to show the political situation and the perils which surrounded the Republic last spring. I propose to go into this branch of my defense exhaustively. Another reason the Lord inspired me to remove the President in preference to some one else is because He wished to circulate mytheological work, 'Truth.' The issue here is, who fired that shot, the Deity or me? The Deity seems well disposed to father it thus far, and I expect He will continue to father it to the end. It is not likely that He will allow me to come to grief for obeying Him. How do I know it was the Deity? I was certain of that. I put up my life on it, and I undertake to say the Deity is actively engaged in my defense. I am confident that He will checkmate the wise heads on this prosecution. I beg they will go slow. They can imprison me at their own risk." Because the alleged upon the present, we or point out errors in innumerable stories to Edition of the New Testament effect that a powerful been the correspondent house fresh from a pen and knocked down a economy betrayed his planation being demoral individual told his vicucricified Christ, and have some satisfaction expressed surprise with that the occurrence of fire had happened a cowous, and apologized by never heard of the man highly interesting narration currency, we deduce First, it is unprofitable cuss dead issues; second is apparently one owl who are oblivious or broader and more water question—a few vent in the expenditure of thousands of dollars system so that it shall to the greatest number in substantiation of this instance of such a feeble briefly as possible: 1. Nearly two hundred employed by the Anaheh construction of a Ana river. For nearly the Directors of the engaged in consulting e location for the district of way, and in clearing and one obstacles to work. 2. The construction about ten or twelve years sum will be borne byists" and not by the owl. 3. By the liberation voir has been secured will store enough water of acres of land. To reservoir and construct $50,000. This sum "hated vineyardists" farmers. 4. The object in and expending such it is not to secure vineyardists alone, furnishing the outside so that they can improve The sixth reason given why the plaintiffs should not prevail is that they have been guilty of laches—have slept on their rights. If they intended to interfere with the defendants' appropriation they should not have permitted the latter to spend large sums of money in constructing their canal and improving the surrounding country without objection or protest. The seventh point upon which Judge Brundage gives his opinion is that, after all, the plaintiffs are not riparian proprietors. They are located in a tract of country sometimes overflowed as before mentioned, but their lands do not border upon or touch any channel through which the water usually flows, and they are not in a position to acquire privileges by virtue of riparian proprietorship. In the next place reference is made to the fact that the plaintiffs claim territory granted as swamp and overflowed land, and in this case they are seeking to enforce a supposed right to have water flow down upon and inundate their swamp. As they own the swamp itself, and not the land bordering upon it, they cannot, even if their lands were a portion of the bed of Kern river, claim as riparian owners. The ninth point relied on is merely incident to the others. Attention is directed to the consequences which would follow the enforcement of such a remote claim as that of the plaintiffs. As well might land owners down to and below Tulare Lake and on the San Joaquin river set up riparian claims against the defendants. In concluding his opinion Judge Brundage points to the overruling necessity requiring the Courts to enforce the rights of prior appropriators on State and government lands, and he cites many examples of the evil results of the adoption of a contrary theory. This decision is very important and immediately affects extremely large interests. The principles decided have a very wide application, and not only the parties litigant but the people of all sections where irrigation prevails will look with much anxiety to its final determination by the Supreme Court, CHICAGO, Nov. 16.—The headless trunk of Miss Ellen Keaner, a young lady aged twenty years, was found at the corner of Seventy-first street, near the Wabash railroad, and the body most horribly mutilated. There were numerous stabs on the body and both hands and feet were partially chopped off. The body was found secreted in the grass, with the head only a short distance away. It is thought the girl was outraged and then brutally murdered. Great excitement prevails and no effort will be spared to find the perpetrators of the diabolical crime. There is no clue as yet. The deceased was a very estimable young woman and greatly respected. 3. By the liberal voice has been secured will store enough water of acres of land. To reservoir and construction $50,000. This sum "hated vineyardists" farmers. 4. The object in and expending such it, is not to secure vineyardists alone, furnishing the outside so that they can improve make their section as proper. 5. At the meeting of Anaheim Water Committee of outside who stated that they nine miles of ditch to farms, and asked the water, to be taken ditch at a point desired to furnish them named a price which both parties, but in reflection, and see what could not be still furious postponed the film until their meeting farmers the free use meantime. 6. The Water Committee for some time, and winters to come, will outside farmers who 7. The Directors are Anaheim Water Committee quite, a unit upon fertile country surrounbe built up, immigrant general feeling of unfit that the town and The projects we have are willing, in further to spend their money their sincerity. This being the politic, or in good blason abroad the mistaken judgment? brilliant promise; also AN ARRAY OF FACTS. Recounted for the Benefit of a Very Milious Correspondent in Particular and for the Information of the Public in General—The Palloy of the Anaheim Water Company outlined, and its Probable Result. "Anaheim and the Outside Farmer" is the caption of a communication in the Los Angeles Express of last Monday. It recounts the various differences concerning water rights which have arisen since 1870 between the vineyardists and the farmers north of town, and encircles the facts with a venous bern of a confessed hatred for Anaheim. In the concluding paragraph, the correspondent drags his literary coat tails on the ground, and dares the Gazette to step upon them. "If I have not," he says, "told the exact truth, Anaheim has an organ of its own fully able to overhaul me." Admitting, for the sake of argument, that the correspondent has told the truth, what good does he expect will result from the publication in a widely-circulated journal of the details of local dissensions covering a period of ten years, and which have not the remotest bearing upon the situation as it exists to-day? Had the correspondent any object in writing other than to work off some surplus bile? What interest does he suppose the people of other localities have in the recital of our "sad history of petty quarrels, backerings and little law suits?" In short, why does he foul his own nest? While the unsatisfactory state of the water question has had much to do with the slow progress of this vicinity during the last decade, much of the stagnation is also due to the vaporings and croakings of such men as the writer of the correspondence under review, who, most inexplicably, never miss an opportunity to traduce a country which it is manifestly to their interest should be praised. This disposition has been growing less of late, and it is to be hoped that the foolish outburst of the Express correspondent is the culmination of this suicidal course, and that this last grand ebullition of malice is the expiring effort. Because the alleged facts have no bearing upon the present, we decline to discuss them or point out errors in them. Among the innumerable stories told anent the Revised is everywhere manifest and confidence in the belief of better times is felt and talked of by everybody. Land in the "desolate" region alluded to by the correspondent has affirmed in price, and we venture to say that he holds his own farm at $20 per acre more to-day than he did six months ago. The "outside farmers" are well pleased with the improvements now under way and the policy in regard to water which has of late been manifested. We believe, in all sincerity, that in five years from now every acre of at present uncultivated land for miles around will be brought under tribute, and that the Anaheim of to-day will be but as a hamlet to the Anaheim of the future. We have on file a communication in answer to the correspondent, which is couched in much plainer and more vigorous language than we permit ourselves to use, and deals with the matter in a different way. This communication will be published in the Gazette next week. In the meantime, the Express would be doing a graceful act in publishing our antidote to its correspondent's poison. ORANGETHORPE. One of Anaheim's Favored Suburbs. EDITOR GAZETTE:—In California parlance, "while things are looming up" and our country is flooded with "new comers" from the East, in quest of homes, I am constrained to call their attention through the columns of your paper, to our favored section, and beg that they at least give us a call before purchasing elsewhere. That we have good farming lands has been thoroughly tested by the perseverance and energies of Messrs. Metcalf and Goodhue, and may be evinced from year to year by the well-filled barns and granaries of Messrs. Shulte, Browning and others, and the fine live stock of Smith and Curtia. Its adaptation to fruits of every variety is clearly proven by the handsome little apricot and walnut orchards of Mr. Stone, the fine vineyards of Messrs. Meade and Porter, and the thrifty young orchards of oranges, apples and peaches at Mr. Chilson's, of which the latter took the premium at our late "Centennial Fair," and all this done without irritation. Then in point of health hastily put on the brakes when the two leading cars were expired, with the result stated. It is thought that had the brakes been alone the train might have run into and through the loose earth without serious damage. NEW ADVERTISEMENTS. To Whom it May Concern. THE UNDERSIGNED DESIRES TO NOTIFY those persons who took away certain articles from the Guelm ranch on the day of sale, unauthorized, that they will save trouble and cost by returning them at once. A D. LASSELL. A Good Chance. THE ADVERTISER HAS FIFTEEN ACRE OF land in Orange, covered with water stock, which he will give the usage for one year; o anyone who will plant five acres in vines and take good care of the same. The vines for planting to be furnished by me. For further information apply to the Gazetta office. Sealed Proposals. THE UNDERSIGNED WILL RECEIVE SEALED Proposals up to Nov. 28th, at 2 o'clock, p.m., for following insurance: $8,000 on the new school house. $1,000 on the furniture therein. $500 on the old school house. The right is reserved to reject any or all bids. W. M. BAILEY, Clerk Anaheim School District. PICKLED OLIVES. New Crop Reduced Price. A. LANGENBERGER. For the Holidays. I HAVE ORDERED, AND WILL RECIVE IN about two weeks, a complete assortment of Solid Silver and Silver Plated Ware, Consisting of Napkin Rings, Card Cases, Spoons, Forks, Cake Backets, etc., in addition to a fine assortment of Watches, Clocks and Jewelry. Because the alleged facts have no bearing upon the present, we decline to discuss them or point out errors in them. Among the innumerable stories told anent the Revised Edition of the New Testament is one to the effect that a powerful Celt (it might have been the correspondent) rushed out from his house fresh from a perusal of the new book, and knocked down a passer-by whose physiognomy betrayed his Jewish origin. An explanation being demanded, the belligerent individual told his victim that the Jews had crucified Christ, and that he proposed to have some satisfaction for the outrage. He expressed surprise when he was informed that the occurrence which had excited his ire had happened a considerable time previous, and apologized by saying that he had never heard of the matter before. From this highly interesting narration of an actual occurrence, we deduce two propositions. First, it is unprofitable and absurd to discuss dead issues; second, the correspondent is apparently one of the very few people who are oblivious of the existence of a broader and more liberal feeling on this water question—a feeling which is finding vent in the expenditure at the present time of thousands of dollars in perfecting the water system so that it shall do the greatest good to the greatest number. We will recount, in substantiation of the assertion of the existence of such a feeling, several facts as briefly as possible: 1. Nearly two hundred men are now employed by the Anaheim Water Company in the construction of a ditch from the Santa Ana river. For nearly twelve months past, the Directors of the company have been engaged in consulting engineers as to the best location for the ditch, in securing the right of way, and in clearing away the hundred and one obstacles to the inauguration of the work. 2. The construction of this ditch will cost about ten or twelve thousand dollars, which sum will be borne by the "hated vineyardists" and not by the outside farmers. 3. By the liberality of a citizen, a reservoir has been secured by the company, which will store enough water to irrigate thousands of acres of land. To build a ditch to the reservoir and construct a dam will require $50,000. This sum will be borne by the "hated vineyardists" and not by the outside farmers. 4. The object in securing the reservoir, and expending such a large sum in utilizing it, is not to secure water for the "hated vineyardists" alone, but for the purpose of furnishing the outside farmers with water, so that they can improve their property and Metcalf and Goodbue, may be evinced from year to year by the well-filled barns and granaries of Messrs. Shulte, Browning and others, and the fine live stock of Smith and Curtis. Its adaptation to fruits of every variety is clearly proven by the handsome little apricot and walnut orchards of Mr. Stone, the fine vineyards of Messrs. Meade and Porter, and the thrifty young orchards of oranges, apples and peaches at Mr. Chilson's, of which latter took the premium at our late "Centennial Fair," and all this done without irrigation. Then, in point of health, "God's best gift to man," we certainly claim the palm. This none dare dispute. We can safely recommend the fine body of land offered for sale by Mr. A. Gardiner, (although we do not propose to lose our neighbors), and the well known "Olden tract," which is offered at reasonable terms in a body or lots to suit purchasers. And we may here suggest that now is the time to buy, as the value of our lands will be greatly enhanced by the completion of the ditch, which is now being opened up for winter irrigation in view of the dry seasons. It is said, "A hint to the wise is sufficient." Our school is in fine progress under the supervision of Miss King, an experienced teacher from the East, and a music class under the skillful management of Miss Nellie Bancroft. We have a well-regulated Sunday school, and when we are assembled in our neatly kept school house on the first Sabbath in every month, to return our thanks and praises to Him, the bountiful bestower of all these blessings, we feel assured a more worshipful or respectable-looking congregation could not be found anywhere than in this our ORANGETHORPE DISTRICT. PACIFIC COAST NEWS. Police officer Angell, of San Francisco, accidentally killed himself with his pistol on Sunday. At Santa Cruz, on Tuesday, Mrs. Cathine Glenn, wife of W. H. Glenn, a laundryman, died suddenly, it is supposed from a dose of cyanide of potassium, but whether taken with suicidal intent or not is not stated. About noon on Tuesday a severe shock of earthquake was felt in San Jose. The oscillations were from north to south. The strangest part of the circumstance is that it was raining at the time. Earthquakes usually occur in dry weather. At the Southern Pacific depot the shock was sufficient to upset a pile of grain in sacks. At a meeting of the Immigration Committee of the Board of Trade, in San Francisco, a permanent organization under the title of "The Immigration Association of California" was effected. Articles of incorporation and by-laws were adopted. The association will have no capital stock. G. Barth, City Treasurer of Napa, who 3. By the liberality of a citizen, a reservoir has been secured by the company, which will store enough water to irrigate thousands of acres of land. To build a ditch to the reservoir and construct a dam will require $50,000. This sum will be borne by the "hated vineyardists" and not by the outside farmers. 4. The object in securing the reservoir, and expending such a large sum in utilizing it, is not to secure water for the "hated vineyardists" alone, but for the purpose of furnishing the outside farmers with water, so that they can improve their property and make their section as prosperous as Anaheim proper. 5. At the meeting of the Directors of the Anaheim Water Company on Saturday, a committee of outside farmers was present, who stated that they had constructed about nine miles of ditch to bring water on to their farms, and asked the company to sell them water, to be taken from the Company's ditch at a point designated. The company agreed to furnish them with water, and named a price which was satisfactory to both parties, but in order to have time for reflection, and see whether the price named could not be still further reduced, the company postponed the fixing of the water rate until their meeting to-day, allowing the farmers the free use of the water in the meantime. 6. The Water Company is now, has been for some time, and will continue to be for months to come, willing to sell water to any outside farmers who want to purchase it. 7. The Directors and Stockholders of the Anaheim Water Company are almost, if not quite, a unit upon the proposition that the fertile country surrounding Anaheim must be built up, immigration encouraged, and a general feeling of unity established, in order that the town and country shall flourish. The projects we have stated show that they are willing, in furtherance of these objects, to spend their money freely—a sure test of their sincerity. This being the prevalent feeling, in its politic, or in good taste, to rake up and blason abroad the record of past errors and mistaken judgment? The future is full of brilliant promises; already a buoyant feeling REDUCTION IN PRICES At The DRY GOODS PALACE, OUR NEW STOCK ARRIVED ON THURSDAY. AND IS Now Ready for Inspection. As our purchases will hereafter be exclusively for cash, we can only sell exclusively for cash, and the result will be that our patrons will receive bargains such as they never dreamed of before. As our purchases will hereafter be exclusively for cash, we can only sell exclusively for cash, and the result will be that our patrons will receive bargains such as they never dreamed of before. It is common for advertisers to make such claims as this, without the slightest intention of fulfilling them, but we pledge ourselves to carry out to the letter everything that we promise. All Persons having accounts with us will please settle them forthwith. GOODMAN & RIMPAU, Center Street, - - ANAHEIM. Hippolyte Cahen, Selling Out. Notice. As I anticipate making some changes in my business, I will from this day sell all my stock of Drygoods at Cost. Groceries at lowest market rates. Center Street, Being satisfied that the credit business is detrimental both to the merchant and consumer, I have positively resolved to stop it after the 1st day of September, 1881, and confine myself to a strictly cash basis. For this purpose I will sell goods at the lowest market rates possible, for Cash or Produce, and feel assured that it will be for the benefit of all parties. Thanking my customers for their liberal patronage in the past, I would respectfully solicit a continuance of the same in the future. All persons knowing themselves to be indebted to me will please come forward and make a settlement at their earliest convenience. Anaheim, Cal. The Best Windmill Groceries at lowest market rates. Center Street, Anaheim, Cal. The Best Windmill TO ALL PARTIES DESIRING WINDMILLS would my that for the best combination of Strength, Power and Durability. By all means get the CALIFORNIA WINDMILL. It is made of the best of material, is simple in construction, perfectly noiseless in running, self-regulating in storms and is sold at prices which defy competition. It is without doubt The Best Mill on the Coast, Yet it is sold at the remarkably low price of 75 for the 10 ft wheels. $65 for the 12 ft and $100 for the 14 ft. For further participants call upon on write to B. R. SMITH, at the lumber yard of A. Guy Smith & Co., who is agent for Los Angeles county. Mr. SMITH will contract for the boring of Welle and the furnishing and setting of Pumpa, Tanks and Mills. D. E. MILES, Warehouseman and Commission Merchant. Highest Cash Price Paid for Wheat, Barley, Corn, Rye, Potatoes, And all Country Produce. Cash advances made on all consignments of Grain and Wool. Sacks and Twine At lowest market prices. Orren opposite Railroad Depot, Anaheim, Cal. Alfred L. Pellegrin, PHOTOGRAPHER, Los Angeles Street, ANAHEIM..CAL. JOHN HANNA, Real Estate Agent. Live Stock Bought and Sold on Commission. ANAHEIM.