anaheim-gazette 1886-05-29

ANTI-RIPARIAN PLATFORM. The following was adopted by the Irrigation Convention at San Francisco last week: Resolved, That it is the sense and determination of this convention, L—That the cubic foot per second be adopted as the unit of measurement throughout the State. IL—A declaration by the Legislature that all the unnavigable waters of the State, in natural streams and lakes, not rising or wholly included in lands under private ownership, belong to the people thereof, and are subject to appropriation by the people for irrigation, mining, manufacturing and other useful purposes, and that the customary law of appropriation of water for these purposes, as it has grown up in this State, should receive the formal sanction of that body as follows: 1. That there is no individual or corporate ownership of water except that which rises upon land under such individual or corporate ownership, this ownership continuing so long only as it remains upon the premises, or so long after it leaves them as they may control it in pipes, ditches or any other means of conveyance, and apply it to useful, beneficial and necessary purposes. 2. That the appropriation of water from any public source does not supply individual or corporate ownership, but that it is taken for the time and to the extent only that it is applied to a useful and necessary purpose after which it is free to other or subsequent appropriations under the same conditions. 3. That the appropriation of water and its conveyance through canals and ditches for sale, rental or distribution is at useful, necessary and beneficial purpose, sale or rental not implying ownership of the element, but just remuneration for the use of the franchise and the plant employed in its conveyance. III. A system of law providing for the control, management and just distribution of the waters of the State, in accordance with the foregoing principles. IV. To so extend the law of eminent domain new rates are established; but in establishing such rates they shall take into consideration the cost of construction and maintenance of the works by which the water is supplied, and the rates so established shall be such as will yield to the person, company or corporation so supplying water a net return of at least 7 per cent. per annum upon the amount invested in the construction and maintenance of such works. Such rates shall be fixed in the month of February and take effect on the first day of July thereafter. Any Board or body failing to fix the water rates where necessary within such time shall be subject to permutatory process to compel action at the suit of any party interested, and shall be liable to such further process and penalties as the Legislature may prescribe. Any person, company or corporation collecting water rates otherwise than as so established shall interfere with such person, company or corporation to the city and county, or city, town or irrigation district from which the same are collected for the public use. The second amendment adds the two following sections to the same article: SEC. 3. The water of every natural stream, not heretofore appropriated, within the State of California, is hereby declared to be the property of the public; and the same is dedicated to the use of the people of the State subject to appropriation as hereinafter provided. SEC. 4. The right to divert inappropriated waters of any natural stream to beneficial uses shall never be denied. Prior appropriation to any such use, whether heretofore or hereafter made, shall give the better right, and the right of appropriation shall be ever exercised under such regulations as the Legislature has heretofore prescribed or may hereafter prescribe, and the English common law of riparian rights, so far as it conflicts with this or the preceding section, shall not be recognized as a rule of decision or rule of property in any of the courts of this State. Cold Comfort for the Squatters- Cold Comfort for the Squatters Stephen M. White Esq publishes the following in the Santa Ana Herald: I am informed from a great many different sources that a report has been circulated in and about Santa Ana to the effect that I have expressed the opinion that the San Joquin ranch, or some portion of it, could be taken up and settled upon as Government land, and that the Irvine title was not good. How such a report could have become current I am at a loss to understand. I never expressed nor entertained any such opinion, and was very much surprised when I heard of the circulation of the above rumor since up to that time. I had made no investigation whatever of the condition of the title to that ranch and knew nothing about it. The absurdity of the report becomes more apparent when it is understood that it any litigation arises out of this matter I will probably be one of the attorneys who will represent the Irvine title. If there is anything thoroughly settled it is that an pre-emption or homestead claim can be legally manipulated by intruding upon the possession of another where outside the Government of the United States issues its patent to let it. It is a very fictitious piece of business for an outsider to enter upon them without the consent of the patentee. It would be a source of regret to use it any person should "spend" any land upon the most taken motion that I had advised such a course. Heavy Orange Profits. Rural California. Orange culture in South California is in danger of being oversupplied to the oil-expressed straws of sugar people. But these people usually know but little about it. We frequently permit statutes in these opinions showing too numerous profits made from a hearing orange grove, and the figures produced seem macroscopic to the Eastern nation. This month we quote the profits made by J. R. Dobbins, of San Gabriel, from his Naval oranges the present season. Mr. Dobbins is the manager of the Orange Groves Prospective Union, and is the owner of a grove off $200 trees. About 2500 of these are well-known and nearly 2000 are the finest Washington Navels. On this latter a portion all five years old from the back and are producing two to three and a half boxes to the tree this year. He has sold his entire crop of Navel oranges at $4 a box, delivered on board the cars at San Gabriel station. The total cost of picking, packing and boxing is 40 cents a box. His trees are planted 24 feet apart square, and he has 78 trees to the farre. If the orange product of his trees is only two boxes each, he is getting $8 a tree, or $624 an acre, while the total expense, including care of the orchard, boxing and all, is only $80 an acre, leaving him a net profit this year, of $504 an acre, probably more than the land and trees have east Mr. Dobbins up to date. Is it any wonder that we are asking $1000 an acre for a bearing orange grove when for the time and to the extent only that it is applied to useful and necessary purpose; after which it is free to other or subsequent appropriations under the same conditions. 3. That the appropriation of water and its conveyance through canals and ditches for sale, rental or distribution is at useful, necessary and beneficial purpose, sale or rent not implying ownership of the element, but just remuneration for the use of the franchise and plant employed in its conveyance. III — A system of law providing for the control, management and past distribution of the waters of the State, in accordance with the foregoing principles. IV — To so extend the law of eminent domain as to allow an irrigation District when formed, corporation or individual, to demen and pay for rights of way, lands, ditches, canals and water claims and rights o whatever nature, hold by any person or corporation, or any other private rights of property, however existing or acquired, or by whatever name designated, which may be necessary for the appropriation or use of water. Provided that in condemning water used at the time of the commencement of an action for the same a manifestly greater public alliance and use can be shown. V — Our section four thousand four hundred and sixty eight of the Political Code be amended to read as follows: 4478 The common law of England, in so farms not regulated to or inconsistent with the Constitution of the United States, or the Constitution of laws of this State, except when applies to streams and water courses in the rule of discretion in all the courts of this State. VI — That Section 1422 of the Civil Code, which declares that the rights of riparian proprietors are not affected by the proceeding twelve sentences of the Code, prescribing for rights to waterly appropriation should be redefined. VM — An amendment to the State Constitution, declaring that the common law of England is not and should not be the rule of property, or the rule of decision in the courts of the State, in controversies concerning the right to appropriate divert and use water for in addition by or against actual appropriators of water for beneficial purposes. Referred That we call upon the people of this State to recognize the principles stated in their selection of public officials whose duty it may be to promote the same. The following were adopted as Newments of the convention, but are not part of the platform: Whereas The miners who first efficiently occupied California after its sequestration by the Union, following the lawful practice of prior occupants, adopted diversion of water from the streams and its useful appropriation in their industry; and whereas such appropriation was recognized by the Federal Court, and was never prohibited by the courts or legislation of the State, and whereas such practice of useful appropriation of water has been unjustified greatly increasing the population and productions of the state, and has added largely to its wealth, until today many thousands of people in comfortable houses, and profitably occupied in productive industries, one all they have and are to use of water for irrigating their lands; and whereas unexpectedly those people, it is claimed that they have no right to use this water as the miners used it; and as the citizens of Spain and Mexico used to, when those nations had the miners was adopted by the owners of agricultural lands in the sincere belief that it is as legal as it is proved to be necessary to the efficient development of the State and whereas such practice of useful appropriation of water has been the means of greatly increasing the population and productions of the State, and has added largely to its wealth, until today many thousands of people in comfortable houses, and profitably occupied in productive industries, one all they have and are to the use of water for irrigating their land; and whereas unexpectedly to these people, it is claimed that they have no right to use the water as the miners used it, and as the citizens of Spain and Mexico used to, when those nations had dominion of this soil; and whereas, such claim means the most painful consequences to thousands of landowners in the irrigated area, and toparts disaster to the commercial centers of the State; and whereas, such denial of the right of appropriation seems to be affirmed by the Supreme Court of the State in an issue decided by a majority of one on that bench; and whereas, it appears in that decision that the Court's opinion was somewhat affected by incitations of the trial in passing upon which there is at least room for an error in judgment; and whereas, the issues at stake are of such a very grave nature that a decision finally adverse to appropriation imparts the destruction of the growing and profitable oasis in the San Joaquin Valley and ruin of the vineyards, orchards and cities of Southern California; therefore, Resolved That, feeling a genuine respect for the Court, and with the intention to seek only lawful relief from whatever hardens it may be compelled in its line of duty to impose, we ask that the whole riparian question receive at its hands a thorough review upon such a rehearing as shall cast out of the finality reached all elements arising in the incidents of trial, and shall rest judgment upon the legal principles involved. PROPOSED LEGISLATION. Accompanying the report of the committee on resolutions was submitted two constitutional amendments and two bills. The first amendment, after the usual ensuing clauses, proposes to amend Section 1 of Article XIV of the Constitution to read as follows: SECTION 1. The use of all water now appropriated or that may hereafter be appropriated for irrigation, sale, rental or distribution is hereby declared to be a public use, and subject to the regulation and control of the State, in a manner to be prescribed by law, provided that the rates of compensation to be collected by any person, company, corporation or irrigation district in this State for the use of water supplied to any city and county or city, town or irrigation district, or the inhabitants thereof, shall be fixed every three years by the Supervisors, or city and county, or city or town council, or other governing body of such city and county, or city or town, or irrigation district, and shall continue in force for three years, and until Hunting a Better Route. Santa Ana Standard Over two weeks ago a body of railroad surveyors left Oceanside, sixty miles below here on the coast to survey a line in this direction. We gave due notice of their movement as far as we were informed. Last Monday they reached San Juan Capistrano and took up their headquarters at Mr. Rosenbaum's a few miles this side where they have remained during the week. The object of their mission is no secret. They are simply hunting a better route for the California Southern road from Colton to San Diego. The present route is known to be a poor one and the road will hardly pay expenses, while every rainy winter it suffers immense damage. The supposition now is that the company propose extending the road from Riverside down through this valley along the coast to connect with the other one at Oceanside and sooner or later take up the old road. The proposed new road would go through the finest portion of Southern California and secure a large amount of business. The surveyors will probably be in this valley next week. The American hen is not doing her duty. There are 16,000,000 dozens of foreign hens' eggs brought into this country every year free of duty. The American hens must scratch round, says a New England paper, if they are to avoid the reproach of allowing the egg industry to be crushed by the competition of the cheap paner fowls of the offsite monarchies of the Old World. With incubators to help them, the American hens ought to make a better record. Raldness may be avoided by the use of Hall's Hair Renewer, which prevents the falling out of the hair, and stimulates it to renewed growth and luxuriance. It also restores faded or gray hair to its original dark color, and radically cures nearly every disease of the scalp. EIM GA ANAHEIM, CALIFORNIA: SATURDAY, MAY 29, 1886. ROBUST HEALTH Is not always enjoyed by those who seem to possess it. The taint of corrupted blood may be secretly undermining the constitution. In time, the poison will certainly show its effects, and with all the more virulence the longer it has been allowed to permeate the system. Each purple, stry, boil, skin disorder and sense of unnatural insultule, or languor, is one of Nature's warnings of the consequences of neglect. Ayer’s Sarsaparilla Is the only remedy that can be relied upon in all cases, to eradicate the taint of hereditary disease and the special corruptions of the blood. It is the only alternative that is sufficiently powerful to thoroughly cleanse the system of Serofulous and Mercurial impurities and the pollution of Contagious Diseases. It also neutralizes the poisons Ketchle Diphtheria and Scavlet Fever, and enables rapid recuperation from the enfeeblement and debility caused by these diseases. Myriads of Cures Achieved by Ayer’s SARSAPARILLA, in the past forty years, are attested, and there is no blood disease, at all possible of cure, that will not yield to it. Whatever the aliments of this class, and wherever found, from the scurvy of the Arctic circle to the twelfth-century of South Africa, this remedy has afforded health to the sufferers by whom it was employed. Drugrists everywhere can cite numerous cases, within their personal knowledge, of remarkable cures wrought by it, where all other treatment had been unavailing. People will do well to Trust Nothing Else than Ayer’s SARSAPARILLA. Numerous cruel injuries are offered to the public not so purifiers,” which only allure the patient with the preference of many READY FOR BUSINESS AT THE GILDMACHER STAND SANTA ANA. We take pleasure in announcing to the public of Santa Ana and vicinity that we have secured an extensive lease of the corner store room formerly occupied by Mr. L. Gildmacher, for the purpose of carrying on a GENERAL MERCHANDISE BUSINESS. Our stock which is extensive and complete in every department consists principally of GENERAL MERCHANDISE BUSINESS. Our stock which is extensive and complete in every department consists principally of Dry Goods, Fancy Goods, Ladies' and Gents' Furnishing Goods, s and Shoes, OIL CLOTHS, ings, Rugs and HADES. goods we leave entirely to the tinuous aim to give the very best uprightly with our patrons, and ing them, to their entire satisfac- FIGURES, UNDERTAKERS. Agents for the Howe, Eltridge and Victor Sewing Brandy. 630 to 642 Franklin Street San Francisco; 45 Broadway New York 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. City Stables, Center Street (Opposite Kroeger's Block) ANAHEIM. L. F. Lewis, - Proprietor THESE STABLES ARE THE BEST VENTILATED and most commodious in the town, and special atention will be paid to boarding and grooming horses. The charge in all cases will be reasonable. Single and Double Teams Furnished at short notice and careful drivers familiar with the country, supplied when required. The rat ronage of the public is respectfully solicited. DR. WOOD'S LIVER REGULATOR Prepared from the Active Medicinal Properties Contained in Mandrake, Dandelion, Butternut, Black Root, Bog Bane, Bitter Root, Blood Root, Calisaya Bark, Barberry Bark, Sweet Flag, Indian Hemp, Wa-n-Hoo, Golden Seal, etc. For the Speedy and Permanent Relief of the most hopeless cases of Dyspepsia, Jaundice, Chills and Fever, Disordered Digestion, Nick Headache, General Debility, And all other diseases arising from a Billious State of the stomach or an Inactive or Diseased Liver. REDINGTON & CO., S.P., Wholesale Agt's. FOR SALE BY ALL DRUGISTS. GAZETTE. J. 29, 1886. NO. 34. F. H. KEITH, REAL ESTATE AGENT. Live Stock Bought and Sold on Commission. ANAHEIM. RICHARD MELROSE; HENRY S. KNAPP. Melrose & Knapp TRANSACT A GENERAL BUSINESS IN REAL ESTATE IN ALL ITS BRANCHES. LOANS NEGOTIATED, COLLECTIONS MADE, ETC. Fire Insurance Policies written and Delivered at once ALL BUSINESS CONFIDED TO THEM WILL BE Promptly and Honorably Executed. J. H. BULLARD, A. B., M. D. Physician and Surgeon. M. NEBELUNC, (Center Street, opposite Lewis' Stable). DEALER IN BUSINESS. y Goods, ents' Goods, Shoes, CLOTHS, gs and ES. leave entirely to the to give the very best with our patrons, and their entire satisfacURES, Fire Insurance Policies written and Delivered at once ALL BUSINESS CONFIDED TO THEM WILL BE Promptly and Honorably Executed. J. H. BULLARD, A. B., M. D. Physician and Surgeon. Office and Drug Store on Los Angeles St. East of Planters' Hotel. OFFICE HOURS: 8 to 9:30 A. M.; 1 to 2, and 6:30 to 7:30 P. M. DR. E. L. COWAN. DENTIST. Will be in his Anaheim office on Thursday, Friday and Saturday of each week. We Have Just Received a Carload of FURNITURE! Direct from Eastern Factories. Latest Styles at prices lower than in Los Angeles. Call and examine for yourselves. F & J BACKS H. C. KELLOGG. Civil Engineer and Surveyor. (Deputy County Surveyor.) Office in Room 2, over Langenberger's Store, corner Center and Lemon streets, Anaheim. RICHARD MELEOSE, ATTORNEY-AT-LAW GAZETTE OFFICE Anaheim. G. D. FIELD, ATTORNEY-AT-LAW, ANAHEIM. VICTOR MONTGOMERY, Attorney-at-Law, SANTA ANA, CAL. Rooms 4 and 5, Commercial Bank Building. Office hours from 10 A.M. to 3 P.M. M. NEBELUNG, M. NEBELUNG, (Center Street, opposite Lewis' Stable). DEALER IN Cigars, Cigarettes, And the most popular brands of Chewing and Smoking Tobacco, Pipes, etc., etc. Call and examine my fresh stock of Candles and Cakes. I always keep on hand a full and well selected stock of stationery, such as Blankbooks, Memorandums, Letter, Note, Bill and Legal papers, Ink, Pencils, Pens, Envelopes and a general school supply. Legal Blanks (Blancroft's form) a specialty. Fresh Fruits of the season and Nuts always on hand. Also a stock of Canned Fruits, Jams and Meats which I offer at the lowest market prices. Highest prices paid for eggs. JOHN HANNA, Real Estate & Commission AGENT. OVER FIRST NATIONAL BANK. Entrance, No. 120 North Main Street, LOS ANGELES. P.O. BOX 1009. J. M. Griffith & Co. LUMBER DEALERS (Near Railroad Depot) ANAHEIM Keep constantly on hand DOORS, BLINDS, WINDOWS, MOULDINGS. POSTS, SHAKES, SHINGLES, LATH, HAIR, PLASTER OF PARIS. Anaheim Grist Mills Operating on WEDNESEAYS and SATURDAYS of each week. G. D. FIELD, ATTORNEY-AT-LAW, ANAHEIM. VICTOR MONTGOMERY, Attorney-at-Law, SANTA ANA, CAL. Rooms 4 and 5. Commercial Bank building. Office hours from 10 A.M. to 3 P.M. M. NEBELUNG, Real Estate & Insurance AGENT. SUBSCRIPTIONS TAKEN FOR NEWSPAPERS and Periodicals. Accounts kept with neatness and accuracy. Store opposite Lewis Stable. Anaheim 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. S. A. DENNIS, Carriage and Sign Painter, Center Street, Anaheim, OFFERS AS REFERENCES THE NUMEROUS wagons and signs painted by him in Anaheim. PRICES REASONABLE. The patronage of the public respectfully solicited may be E. G. HUNTINGTON, Carpenter and Builder All Kinds of REPAIRING Done. MOULDINGS. POSTS, SHAKES, SHINGLES, LATH, HAIR, PLASTER OF PARIS. Anaheim Grist Mills Operating on WEDNESDAYS and SATURDAYS of each week. Grain, Feed, Meal, etc., of all varieties. Corn Shelled and Shipped Chas. Willie Chas. Albrecht. Wille & Albrecht, Proprietors of the Old Pioneer Cooperage. AUGUSTE STREET. ANAHEIM, . . . CAL. COOPERAGE A LARGE QUANTITY OF BARRELS, HALF BARRELS 10 Gallon and 5 Gallon Keqs For Sale Cheap. Apply to E. DEEYFUS & CO., Anaheim. Anaheim COOPERAGE. Puncheons, Barrels, Half Barrels, Small Kegs Made and Repaired. Cooperage in all Branches WILLIAM FISCHER,