anaheim-gazette 1883-10-06

ANAHEIM VOL. XIII. HANNA & KEITH, REAL ESTATE AGENTS. Live Stock Bought and Sold on Commission. ANAHEIM. Great Clearance Sale OF FURNITURE AND CARPETS, AT BARKER & ALLEN'S, We offer our immense stock at GREATLY REDUCED PRICES, in order to make room for our Fall importations. Call and get prices and see that we mean business. Nos. 322, 324 & 326 North Main Street, (Next to Pico House), LOS ANGELES, CAL. J. YAHRER Wagonmaker C. H. ARTHUR Blacksmith S. A. DENNIS Painter ANAHEIM We offer our immense stock at GREATLY REDUCED PRICES, in order to make room for our Fall importations. Call and get prices and see that we mean business. Nos. 322, 324 & 326 North Main Street, (Next to Pico House), LOS ANGELES, CAL. ANAHEIM Carriage & Wagon Factory WOODWORK Of all kinds, Badles, Wheels and Gearing put up on short notice. BLACKSMITHING Of all kinds Horse-Shoeing a specialty. SIGN & CARRIAGE PAINTING Done in first-class style. All work of the above description will be guaranteed and we pledge ourselves to give satisfaction. We are here to stay and will spare no paints to please our patrons. Our wood shop and blacksmith shop is on Center Street, west of Mitchell's stable, and our paint shop is directly opposite. We are sole agents for the STUDEBAKER & LA BELLE WAGONS And are agents for all kinds of Farming Machinery. DR. E. L. COWAN, Dentist, Has opened an office in the upper part of Mrs Metz's building. Los Angeles street. Anaheim. Having had twenty years experience, he can speak with confidence of his work. If a scale of price is very low. He will be found in his office every day between the hours to 8 A.M. and 8 P.M. RICHARD MELROSE, NOTARY PUBLIC, Gazette Office. H. C. KELLOGG. Surveyor and Civil Engineer. PARTIES WILL PLEASE LEAVE THEIR ORDERS WITH Mr John Hanna, Anaheim. ROBT. W. SCOTT. ATTORNEY AT LAW AND NOTARY PUBLIC Commissioner of Deeds for Arizona Territory Kroeger's Block, Anaheim, CM. VICTOR MONTGOMERY, Attorney-at-Law, SANTA ANA, CAL. Office in Dibbles' brick building, nearly opposite the Postoffice. Office hours from 10 A.M. to 8 P.M. M. L. WICKS, Attorney-at-Law Rooms 86 and 87 TEMPLE BLOCK, LOS ANGELES. L. GUNTHER, Pioneer Boot and Shoe Maker. PLANTERS'HOTEL ANAHEIM, Los Angeles County, Cal. The only First-class House South of Los Angeles. Offers Superior Accommodations to Tourists. Families and the General Public. Suites of Rooms for Families. HENRY S. KNAPP, Proprietor. ALBRECHT BROS. Manufacturers of Family Fruit Dryers. An Assortment Always on Hand. Will take contract for Erecting Buildings, Tanks, Frames, Etc. Etc. Agents for the BACHELDER WINDMILL. Shop on Center Street, near Railroad Depot. SANTA ANA, CAL. Office in Dibbles' brick building, nearly opposite the Postoffice. Office hours from 10 a.m. to 8 p.m. M. L. WICKS, Attorney-at-Law Rooms 86 and 87 Temple Block. LOS ANGELES. L. GUNTHER, Pioneer Boot and Shoe Maker, Cor. Adele and Los Angeles streets. ANAHEIM. GEORGE BAUER, BOOT AND SHOE MAKER, Center Street MAKING AND REPAIRING AT THE LOWEST cash price. All orders promptly attended to. All work guaranteed. WM. R. HARKER, SADDLE & HARNESS MAKER, CENTER STREET, ANAHEIM. CHARLES WILLE. COOPERAGE. Pipes, Barrels and kegs on hand at all times. Tanks and Tubs made to order. Honey Barrels for sale cheap. *** Star Restaurant *** Los Angeles Street, Anaheim. HERMAN GUETTINGER, PROPRIETOR Single meals 25 cents; French style, 50 cents Board by the month $16. The proprietor is an experienced cook, and will take pains to please his patrons. P. PELLEGRIN, PRACTICAL Watchmaker and Jeweler, CENTER ST., - ANAHEIM Repairing of Watches, Clocks and Jewelry den promptly and warranted. Sale Agent for the Johnston Optical Co.'s Improved Sectacles and Eye-Glasses (interchangeable). Improved Eye Tester to perfectly suit the eye. ALBRECHT BROS. Manufacturers of Family Fruit Dryers. An Assortment Always on Hand. Will take contract for Erecting Buildings, Tanks, Frames, Etc. etc. Agents for the BACHELDER WINDMILL. Shop on Center Street, near Railroad Depot. F. & J. BACKS. Importers, Manufacturers and Dealers in Furniture, Bedding, Paper Hangings, Picture Frames, etc, UNDERTAKERS. Agents for the Howe, Eldredge and Victor Sewing Machines. Los Angeles Street: Anaheim. THE STAR THAT LEADS THEM ALL THE LIGHT RUNNING DOMESTIC SEWING MACHINE WM. MEEK. AGENT FOR THE DOMESTIC SEWING MACHINE, Needles, Oil, Etc. Bakery Building, CENTER STREET ANAHEIM WEEKLY ANAHEIM, CALIFORNIA: SATURDAY, OCTOBER 6, 1883 ANAHEIM HOTEL, Center Street, Anaheim. JOHN DIETZEL, - Leasee and Manager HAVING LEASED THE ABOVE-NAMED HOtel and being determined to remain here, I will use every endeavor to make the house a popular stopping place. I understand the hotel business thoroughly, and will spare no trouble to accomodate my patrons. I respectfully solicit the patronage of the public A Bar in which the Choicest of Liquors are kept is attached to the House. FREE COACH from all Trains. The table will be supplied with the very best in the market, and the kitchen will be under my personal supervision. Respectfully, JOHN DIETZEL apr7 D. W. HUDSON L. W. BENIZ D. W. HUDSON & CO.. Real Estate Brokers and General Land Agents At Anaheim SUPREME COURT DECISION. IN BANK. [Filed September 27, 1883.] ANAHEIM WATER COMPANY VS. SEMI-TROPIC WATER COMPANY. No. 8,895 In its course through Los Angeles county the Santa Ana River forms the dividing line between the ranchos Canyon de Santa Ana, San Juan y Cajon de Santa Ana and Las Bolsas on the one side, and the ranchos Santiago de Santa Ana and Lomas de Santiago on the other. Between the ranchos Canyon de Santa Ana and the San Juan y Cajon de Santa Ana and also fronting on the river is a small piece of land belonging to the Government. From a map furnished us by the respective parties it appears that the rancho Santiago de Santa Ana has a frontage on the river almost equal to the combined frontage of the ranchos Canyon de Santa Ana, San Juan y Cajon de Santa Ana, Las Bolsas and the Government land, and reaches from the sea to a point on the river but a little distant from where the river enters the boundary of the county. The plaintiffs assert a right to divert from the river sufficient water to keep their ditch, which is alleged and found by the Court below to be six feet wide at the bottom, eight feet wide at the top, and two feet deep (grade not given), flowing full at all times and seasona of the year; and in this asserted right the decree of the Court below secures them, without regard to the quantity of water that may be left in the river when such a quantity is so diverted and irrespective of the wants and the necessities of the owners of the Santiago de Santa Ana rancho, undeand for whom the defendant asserts the right to divert a portion of the water of the sand river. Counsel for the plaintiffs conduces certain facts regarding their rights. of a certain tract of land called San Juan, Cajon de Santa Ana bounding also on said river Santa Ana and lying near to and below the lands of said Bernardo and Andrea Yorba. Now, therefore, etc., in consideration of two hundred dials, the grantors convey to Ontiveras the right of way over a strip of the rancho Cajon de Santa Ana, commencing and running as already described, sufficiently wide for the construction of a water ditch of capacity to hold and convey water sufficient for irrigation of 1,200 acres of land, and also right to construct a sufficient dam in the river at the point of commencement of a strip over which the right of way is conveyed in order to supply the said ditch with water for the irrigation of the 1,200 acres. There is no express grant in this decision. Yorba—and we speak of him as the grant because the Court below found that, though his wife joined him in the deed, she had interest in the property—of any right on part of Ontiveras to divert any of the water in the river, and certainly no express grant of privilege of diverting any of the water off river that pertained to the grantor, as owner of an undivided interest in the rancho Santiago de Santa Ana. Impliedly it undoubtedly recognized the right in Ontiveras to vert a part of the water, but it must be membered that by reason of his proprietorship of the rancho San Juan y Cajon de Santa Ana, Ontiveras then possessed the right to divert such portion of the water off river, for the purposes of irrigation, as pertained to his rancho. And the fact that he was then diverting a portion of the water for that purpose is expressly recited in the deed; for by its terms the strip of Canyon rancho over which Yorba contains the right of way for a dittern is not to commence at a point 100 vara belo-down in the river on the Canyon rancho. The table will be supplied with the very best in the market, and the kitchen will be under my personal supervision. Respectfully, JOHN DIETZEL D. W. HUDSON L. W. BENZI D. W. HUDSON & CO.. Real Estate Brokers and General Land Agents At Anaheim, Los Angeles County, California. Abstracts of Titles Furnished, Loans Negotiated, Taxes Paid and Rents Collected for Non-Residents. Those desirable to make profitable INVESTMENTS cannot do better than to call on us at our office, with Robert W. Scott, Attorney at Law, Kroeger's Hall, Center street. Correspondence Solicited: mar17 FRANK EY, DEALER IN Glassware, Candies, Tobaccos, Cigars, Notions, Etc. Adjoining Planters' Hotel, Anaheim THE CHEAPEST STORE IN TOWN. WASHINGTON Meat Market! CENTRE STREET, ANAHEIM, C. E LEONARD, Proprietor. THE PATRONAGE OF THE PEOPLE OF ANAheim and vicinity is respectfully solicited QUICK TIME AND CHEAP FARES To Eastern and European Cities Via the Great Transcontinental All-Rail Routes. CENTRAL PACIFIC R. R. OR SOUTHERN PACIFIC R. R. Daily Express and Emigrant Trains make prompt connections with the several railway lines in the East. CONNECTING AT New York and New Orleans with the several Steamer Lines to ALL EUROPEAN PORTS. PULLMAN PALACE SLEEPING CARS attached to Overland Express Trains. The plaintiffs assert a right to divert from the river sufficient water to keep their ditch, which is alleged and found by the Court below to be six feet wide at the bottom, eight feet wide at the top, and two feet deep (grade not given), flowing full at all times and seasons of the year; and in this asserted right the decree of the Court below secures them without regard to the quantity of water that may be left in the river when such a quantity is so diverted and irrespective of the wants and the necessities of the owners of the Santiago de Santa Ana ranch, under and for whom the defendant asserts the right to divert a portion of the water of the said river. Counsel for the plaintiffs contend that the right thus asserted and adjudged them is founded: 1, in grant; 2, upon prescription; 3, upon prior appropriation, and 4, upon an estoppel in pass. It will be convenient to consider these grounds in their order. Omitting details, the plaintiffs' title by grant, rests first upon a deed executed September 1, 1857, by Bernardo Yorba, then owner of the rancho Canyon de Santa Ana, to Juan Pacificus Ontiveras, the then owner of the lower rancho San Juan y Cajon de Santa Ana; and secondly, on two deeds executed September 12, 1857, by Ontiveras and wife to George Hansen and John Frohling—the two last named persons being the predecessors in interest of the plaintiffs. By the deed of September 1, 1857, Bernardo Yorba conveyed to Ontiveras, for the expressed consideration of two hundred dollars, a right of way in and over a certain strip of the rancho Canyon de Santa Ana commencing at a point 100 varas below a dam in the river on his said rancho "which leads a portion of the water of said river into a ditch running through a portion of said lands and into and through a portion of the aforesaid lands of the said Juan Pacificus Ontiveras (to wit, the rancho San Juan y Cajon de Santa Ana), and which is now used by him for irrigation a portion of said lands and running from said point in a westerly direction to the boundary line of the rancho Cajon de Santa Ana," said strip of land to be sufficiently wide for the construction of a water ditch of capacity to hold and convey water sufficient to irrigate 1,200 acres of land and for the passage of a man on horseback on either side of the ditch for the purpose of inspecting and keeping it in order "and also the right to construct a sufficient dam at the before mentioned point in the said river in order to supply the said ditch with water for the uses and purposes above mentioned." By one of the aforesaid deeds of September 12, 1857, Ontiveras conveyed to Hansen and Frohling the same rights and interests conveyed to him by the aforesaid deed from Yorba, and by the other deed of September 12, 1857, Ontiveras conveyed to Hansen and Frohling 1,165 acres of the Rancho San Juan y Cajon de Santa Ana, afterwards and now known as the Anaheim tract," and also the right of way in and over a strip of land 12 varas wide running through said rancho San Juan y Cajon de Santa Ana, for the purpose of making a ditch of capacity to carry water sufficient to irrigate the piece of land said ditch to be commenced at a point on the eastern boundary line of the aforesaid rancho (San Juan y Cajon de Santa Ana), which may be most convenient for the purpose, and to run as directly as the nature of the soil and the conformation of the ground will permit, to the said tract of 1,165 acres; and also the privilege of using so much of the water from the Santa Ana River as appertains to the said rancho (San Juan y Cajon de Santa Ana) for the purpose of irrating the same, by virtue of the grant of said rancho by the former Mexican Government and by the laws and customs of the country at the time of such grant, and by virtue of the existing laws and customs as required from where the river enters the county. The plaintiffs assert a right to divert from the river sufficient water to keep their ditch, which is alleged and found by the Court below to be six feet wide at the bottom, eight feet wide at the top, and two feet deep (grade not given), flowing full at all times and seasons of the year; and in this asserted right the decree of the Court below secures them without regard to the quantity of water that may be left in the river when such a quantity is so diverted and irrespective of the wants and the necessities of the owners of the Santiago de Santa Ana ranch, under and for whom the defendant asserts the right to divert a portion of the water of the said river. Counsel for the plaintiffs contend that the right thus asserted and adjudged them is founded: 1, in grant; 2, upon prescription; 3, upon prior appropriation, and 4, upon an estoppel in pass. It will be convenient to consider these grounds in their order. Omitting details, the plaintiffs' title by grant, rests first upon a deed executed September 1, 1857, by Bernardo Yorba, then owner of the rancho Canyon de Santa Ana to Juan Pacificus Ontiveras, then owner of the lower rancho San Juan y Cajon de Santa Ana; and secondly, on two deeds executed September 12, 1857, by Ontiveras and wife to George Hansen and John Frohling—the two last named persons being the predecessors in interest ofthe plaintiffs. By one of the aforesaid deeds of September 12, 1857, Ontiveras conveyed to Hansen and Frohling the same rights and interests conveyed to him by the aforesaid deed from Yorba,and bytheotherdeedofSeptember12，1857， Ontiveras conveyedto HansenandFrohling1，165acresoftheRanchoSanJuanyCajondeSantaAnaisafterwardsandnowknownastheAnaheimtract,"andalsotherightofwayinandoverastripofland12varaswiderunningthroughsaidranchoSanJuanyCajondeSantaAnaisforpurposemakingaditchofcapacitytocarrywatersufficienttoirrigatethepieceoflandsaidditchtobecommencedatapointontheeasternboundarylineoftheaforesaidrancho(SanJuanyCajondeSantaAnais)whichmaymostconvenientforthepurpose,andtorunasdirectlyasthenatureofthesoilandtheconformationofthegroundwillpermit,tothe 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R. SOUTHERN PACIFIC R. R. NEW York and New Orleans ALL EUROPEAN PORTS. PULLMAN PALACE SLEEPING CARS THIRD-CLASS SLEEPING CARS RAILROAD LANDS NEVADA, CALIFORNIA AND TEXAS, For sale on reasonable terms. Apply to, or address W. H. MILLS, JEROME MADDEN, Land Agent, Land Agent, C.P.R.C., San Francisco, S.P.R.K. Co. San Francisco Or. H.B. ANDREWS, Land Commissioner, G.H. & S.A. Ry. Co., San Antonio, Texas. A.N. TOWNE, T.H. GOODMAN, General Manager, Gen Pass. & Tkt. Agt aug4-6m San Francisco, Cal. PEARSON'S DINING PALACE. NICE BILL OF FARE. MEALS AT ALL HOURS. WITH EVERYTHING THAT THE MARKET affords. No. 269 North Main St., Log Angeles (Rose Block). je30-8m KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS. It cleans the system of the acid potion that causes the dreadful suffering which only the victims of Rheumatism can avoid. THOUSANDS OF CASES of the worst forms of this terrible disease have been quigly relieved, and in short time PERFECTLY CURED. PHONE: ST. LIQUID OR BAY, SOLD BY BROOKSTATE. Dry can be sent by mail. KIDNEY-WORT THE GREAT CURE FOR RHEUMATOISM As it is for all the painful diseases of the KIDNEYS, LIVER AND BOWELS." The text continues with "the deed last mentioned, Ontiveras conveyed to Hansen and Frölinge privilege of using so much of water from the Santa Ana River as appertains to said rancho (San Juan y Cabon de Santa Ana) for purpose of irrigation at the irrigation of the Anahiem tract of 1.165 acres, provided the quantity of water appertaining to that rancho and previously unconveyed by Ontiveras was sufficient for that purpose. But of course this grant by Ontiveras could not affect any right of the owners of the Rancho Santiago de Santa Ana to use of water without hindrance or objection by any person who soever; and that the owners of The San rancho, with knowledge thereof, stood and made no objection. But The Court low also found that during same day water from the river was diverted; a pricked used and enjoyed by the owner ranchos Santiago and Canyon for their respective tracts, and ther that while diversion and use water by these ranchos and tracts had stated in their findings "has been done claimed as of right, and claimed to be adversely to all others, still until with year or two prior to this suit, on account increased appropriations and divers above the ditches of all the parties es., has become scarce and insufficient to satisfy demands and necessities of all these ties. That except as to non-interference failure to object under the circumstance aforesaid, there has never been any escence or consent to its user of water any person, party or corporation, but owners or claimants of any of these rights mentioned in these findings, or if any parties hereto or their predecessors oritors. But ever since water has been expected to hold that, as against these owners or claimants any prescriptive right order to establish a right by prescription acts by which it is sought to establish must operate as an invasion of the right parity against whom it is set up." GAZETTE. OCTOBER 6, 1883. NO. 52 extract of land called San Juan y Santa Ana bound with river Santa Ana and lying below the lands of said Bernarroa Yorba. Now, therefore, underation of two hundred dolphins convey to Ontiveras the over a strip of the rancho Santa Ana, commencing and running described, sufficiently wide for action of a water ditch of capacity convey water sufficient for the 1,200 acres of land, and also the construct a sufficient dam in the point of commencement of which the right of way is conveyed to supply the said ditch with the irrigation of the 1,200 acres express grant in this deed by we speak of him as the grantor Court below found that, though used him in the deed, she had no property—of any right on the rivers to divert any of the water of certainly no express grant of the diverting any of the water of the pertained to the grantor, as owner ended interest in the rancho Santa Ana. Impliedly it undoubted the right in Ontiveras to divert the water, but it must be relied by reason of his proprietor rancho San Juan y Capón de Santiveras then possessed the right such portion of the water of the purposes of irrigation, as apoio his rancho. And the fact that an diverting a portion of the said purpose is expressly recited; for by its terms the strip of the ranch over which York conveys right of way for a ditto is made once at a point 100 varas below a river on the Canyon rancho. enjoyment relieled upon must be of such a character as to afford ground for an action by the other party. This is thoroughly settled. Now it is very clear that while there was sufficient water flowing in the river to supply the wants and demands of all the parties, its use by one could not be an invasion of any right of any other; and as the Court below found, as a fact, that until within a year or two prior to the commencement of the action there was sufficient water flowing in the river to supply the wants and demands of all the parties, it is plain that the plaintiffs as against the owners of the Santiago rancho have acquired no right by prescription. 3 As against the owners of the Santiago, have the plaintiffs established a right to divert the water in question by reason of its prior appropriation and beneficial use? This claim of the plaintiffs is negatively by the fact found by the Court below. As seen already, there was, according to the finding, sufficient water flowing in the river to supply the wants and demands of the owners of each of the ranches mentioned, until within a year or two prior to the commencement of this action in 1877. It also appears from the record that from an early day irrigation with the water of the river was carried on upon the Santiago Santiago by its owners and their tenants. It was so carried on in 1857, when the conveyances from Ontiveras were made to the predecessors of the plaintiffs, under which the plaintiffs ditch was constructed and sufficient of the water of the river diverted and appropriated to keep it flowing full to its utmost capacity at all times and seasons of the year, for the purpose of irrigating the Anaheim tract of 1,163 acres. But this appropriation by the predecessors of the plaintiffs was according to the findings of the Court of the deed from Yorba to Ontiveras, we cannot now decide for the reason already explained. But as for the reasons already given, the plaintiffs have acquired no right to any portion of the water that apportains to the owners of the Santiago de Santa Ana, the desire of the Court below which secures to the plaintiffs sufficient of the water of the river to keep their ditch flowing full to its utmost capacity at all times and seasons of the year, without regard to the quantity of water that may be left in the river after such diversion and irrespective of the wants and necessities of the owners of the Santiago de Santa Ana, cannot be sustained. We must therefore reverse the judgment and remand the cause for a new trial. In doing so, we think it not improper to suggest, in view of the value of the water in dispute and large interests at stake, whether it is not advisable for the parties to controversy to divide the water upon an equitable basis and devote the money that may otherwise be expended in litigation, in the proper development and judicious use of it. Judgment and order reversed and cause remanded for a new trial. Ross J. I concur: Myrick J. CONCURRING OPINIONS. I concur: I am of opinion that the plaintiffs have failed to make out any case for relief upon the grounds of prescription or estoppel in pain. The reasoning on these points in the opinion of Justice Ross is conclusive. On whatever rules the rights of the parties herein are to be admeasured, whether by the rules applicable to appropriation, or those applicable to the common law doctrine of riparian rights, the rights of the parties are at least equal; neither has made out a untainted to the grantor, as owner induced interest in the rancho San Juan y Cajon de Santa Ana. Impliedly it undoubted the right in Outiveras to distract the water, but it must be rethat by reason of his proprietorrancho San Juan y Cajon de Santa aniversas then possessed the right which portion of the water of the purpose of irrigation, as apohis rancho. And the fact that an diverting a portion of the said what purpose is expressly recited ; for by its terms the strip of the rancho over which Yorba conveys right of way for a ditto is made at a point 100 varas below a river, on the Canyon ranch, is a portion of the water of said ditto running through a portion and into and through a portion sead lands of the said Juan Paciveras and which is now used by San Pacificos Outiveras for irrigation of his said lands." But no whatever is made in the deed to Santiago. Irrigation upon that well as upon the rancho Canyon withdrawn the water of the river was added, and had been carried on for it. There was then, according to of the Court below, and continument within a year or two prior to enforcement of this action in 1877, water flowing in the river to supply of all the parties bordering on the under these circumstances certainly not each of these ranches were envert, for the purposes of irrigation respective traits, such portion of of the river as appertained to their ranchos, due regard being had to of each and all the others. Ontiowner of the San Juan y Cajon de was entitled to divert, for the irrigation upon his rancho, such the water as rightly appertained in the deed by which he conlassen and Frohling the Anaheum 65 acres, he expressly granted to privilege of using so much of the river, appertaining to his rancho, the sufficient for the irrigation of 1,200 acres of San Juan y Cajon de Santa Ana. The right to construct a sufficient run at a designated point upon rancho in order to supply the water for the 1,200 acres. Whether thus to be diverted was the appertained to Outiveras as the rancho San Juan y Cajon de water that appertained to the owner of the rancho Canyon de need not be determined for the easily assigned, but by no construcded consistent with reason or can it be held to be any part of appertaining to the owners of the Santiago de Santa Ana, which is sittened on opposite side of the river, and no manner allowed to in the ad. And even were this other clear that Yorba's deed could not rights of the other owners of the rancho. title by prescription relied on byiffs is based on the fact found by below to the effect that from the January, 1858, until within a year or to the commencement of this ad- plaintiffs, their predecessors, etc., openly, notoriously and continuously used and enjoyed enough of the river to keep their which was constructed in and owners of each of the ranches mentioned, until within a year or two prior to commencement of this action in 1877. It also appears from the record that from an early day irrigation with the water of the river was carried on upon the rancho Santiago by its owners and their tenants. It was carried on in 1857, when the conveyances from Outiveras were made to the predecessors of the plaintiffs, under which the plantiffs ditch was constructed and sufficient of the water of the river diverted and appropriated to keep it flowing full to its utmost capacity at all times and seasons of the year, for the purpose of irrigating the Anaheum tract of 1,163 acres. But this appropriation by the predecessors of the plaintiffs was, according to the findings of the Court below, neither prior to the use of the water of the river by the owners of the Santiago ranch, nor did in any manner interfere with the use of it by the latter; for, according to the findings, there was then enough water flowing in the river to supply the wants and demands of all of the parties, and continued to be until within a year or two prior to 1877. As observed already, the Court below found that at time of the purchase by the predecessors of the plaintiffs from Outiveras in 1857, and for years before, the owners of the Santiago ranch were had been using the water of the river for irrigation of their ranch; but the Court further found that prior to 1871 "said irrigation and cultivation was irregular both as to time and place and also as ditches, some years more and some years less, at one place one year and at a different place another year, and during some years some of the ditches were not used, so that during some years not more than three irrigating heads, being each one hundred square inches under four inches pressure, were diverted and used during some years, and their ditches were often neglected and filled with weeds and dirt and their capacity at times greatly diminished, and such was their condition in 1857." But that irrigation upon the Santiago ranch was prior to 1871 "irregular, some years more and some years less, at one place one year and at a different place another year," and that during some of the years some of the ditches were not used, and other years some of them were neglected, is unimportant. The fact remains that the owners of the rancho did use the water of the river according to their wants and demands, and were so using these irrigating heads of it in 1857, and further, there was at all times an abundant supply in the river for all parties until within a year or two prior to 1877. It may be added that while the Court below found that this water diverted and appropriated by the predecessors of the plaintiffs in 1857, that is to say, sufficient of the water of the river to keep their ditch flowing full to its utmost capacity at all times and seasons of the year, for the purpose of irrigating the Anaheum tract of 1,163 acres "was then ever since has been, and now is necessary for that purpose," it also found as a fault that the plaintiffs have sold water to parties on said Canjón ranch "outside of the Anaheum tract," commencing about 1869. And gradually increasing said outside supply to about 600 or 800 acres, except in very dry seasons, as existing at time of the diversions complained of, when about all the water in the ditch is necessary for the Anaheum tract. These findings are not only inconsistent, but it certainly cannot be that water diverted and appropriated for the purpose of irrigating the Anaheum tract can be sold by the plantiffs to supply other lands, to the injury of the owners of the rancho Santiago who from a time long anterior to the purchase of the plantiffs predecessors, have been accustomed to use a portion of the water of the river for irrigation of that rancho. Judgment and order reversed and cause remanded for a new trial. Ross J. I concur: Myrick J. CONCURING OPINIONS. I concur: I am of opinion that the plaintiffs have failed to make out any case for relief upon the grounds of prescription or estoppel in pains. The reasoning on these points in the opinion of Justice Ross is conclusive. On whatever rules the rights of the parties herein are to be admeasured, whether by the rules applicable to appropriation, or those applicable to common law doctrine of riparian rights, the rights of the parties are at least equal; neither has made out a claim superior to other. There has never been any exclusive appropriation by plaintiffs prior to that of defendant, and the same may be said of the appropriation by defendant. I can see no exclusive appropriation by either party of the water of this stream, or any part of it. The use of the water has always been bad by either party with the observance of the right of this other to a reasonable use of it for irrigation. Under these circumstances, the parties must be held to have at least equal rights to use the water for the purpose indicated. The Court therefore, in adjudging that the plaintiffs have, under all circumstances, the right to have their ditch flow full of water tothe exclusion ofthe defendant,has violatedthe equalityofrightabovementioned,andhas fallen into an error for whichthe case must be tried anew. The foregoing,minyopinion,the substanceoftheableand elaborate opinionofJustice Ross,andIthereforeconcurinitin.it. It is apparent that no question is made in this case,aasto-the righttotheuseofthewaterfordomesticpurposes,andofcoursenothingisheruledinthatregard. THORNTON J. The case as made out inthe Court below,failedtoestablishanexclusiverightofownershiparisingoutofprescriptionorestoppel,inthewateroftheSantaAnariver,totheextentclaimedbytheplaintiffs. In my judgment,the rightsoftherespectiveparties originatedina ripariansourceareheldbytheminimum,andinvesteachwithequalrightstoetheuseandenjoymentofthewaterofthestream.Beingheldinthecommon.itiswellsettledthatina controversybetweensuchownersastoitherrightsitisthedutyofA courtOfEquitytodeterminetherespectiverightsfothepartiessoasto giveetoachjustproportiontowhichhemaybeentitled,andifnecessary，regulatetheusebetweenthemaccordingtotherights.(Lyonvs.McLaughlin, 32 Vt.,423;Arthurvs.Case1Paige,447; Belknapvs.Tramble,3ld.,601;Webbervs.Gage, 39 N.H.,182;Bardwellvs.Ames, 22 Pick.,353;Ballowvs.Hopkinston, 4Gray,324;Boothvs.Driscoll,20Conn, 555;Brownvs.Ashley,16Nev.,316).Thatprinciplewastnotobservedintheadjudicationofthiscase,andIagreethatthejudgmentshouldbereversedandthecausedremandedforanewtrial. New Real Estate Firm. 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New Real Estate Firm. The new firm of Hanna & Keith, Real Estate Agents, have perfected arrangements which will enable them to dispose of more land than any other agents in this portion of the State. Mr. Hanna, the senior partner, is now on a tour through the Eastern cities soliciting the Emigration Bureaus to send emigrants to this vicinity where land can be had in lots to suit all purchasers, cheaper and of equally good quality as any land in California. They also have a number of finely-improved homes for sale at reasonable prices. So that those who come seeking homes in our favored land will find it to their interest to interview these gentlemen and examine their list before purchasing. Also those seeking a change, or wishing to dispose of their property, cannot do better than to entrust their business to this firm. They are men of experience and integrity, always ready to assist strangers in procuring homes, either in this immediate vicinity or at Orange, Santa Ana, Westminster or Garden Grove. The citizens of Angheim and surrounding country should render them all assistance in their power, for in helping them they are helping themselves, as all that is needed to make our country a second Garden of Eden is to have our land improved and owned by honest, industrious people whose energy will soon cause the many broad arrows now lying waste to blossom as the rose. These gentlemen have also at their disposal several large tracts of land suitable for the settlement of colonies, plats of which can be seen at their office opposite the Postoffice, Angheim, Los Angeles County, Cal., and office at No. 10 First street, Los Angeles city. For five cents, Wells, Richardson & Co., Burlington, Vt., will send colored samples of all colors of Diamond Dyes, with directions. "Buttered eggs" are a new luxury in which Gothamites are indulging. There are old women in the city who get from the authorities the right to keep hens, which are domiciled in the cockloft of the house, and they keep boys watching them till they lay an egg. No sooner is it dipped in melted butter, and the shell, which is yet warm and susceptible, absorbs the flavor of the butter, and they are said to be very fine. They bring from sixty to eighty cents a dozen. For a cough or cold there is no remedy equal to Ammen's Cough Syrup. Hereafter, all orders for 500 or more letter heads or bill heads will be bound in pads free of charge. Send to the Gazette office for your printing.