anaheim-gazette 1901-11-21
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WITMER OF FULLERTON
HIS LARGE-SIZED KICK
Bad Neighbors Plow in His Ditch and Deny Him the Right to Procure Irrigating Water—Mr. Burns Bobs Up Again.
Mr. Witmer of Fullerton appeared before the Directors of the Anaheim Union Water company on Saturday afternoon, having what the modern-fable man would denominate a Large-Sized Kick. It appears he owns a piece of land west of our neighboring town, and has been quite unable to irrigate it, except at considerable loss and inconvenience to himself. The ditch leading to his place runs alongside property belonging to Rev. Hocomb, Drake, Barrows and others. Witmer claims a reservation exists in deeds to property along the line of the ditch, setting apart a strip for ditch purposes. His ditch has been plowed in by the several gentlemen alongside whose property it runs. One of them contends it should run on the south side of his line; another that it should run on the north side. Each of these gentlemen has informed Witmer, so he stated to the board, that if his ditch were not placed as either of them desire, they would plow it in.
"How am I to get water on to my property?" he asked. "Both these men cannot be right as to the place for the location of the ditch." If one is right, the other must be wrong. I cannot afford to construct a ditch every time I irrigate. As I understand the by-laws, the company is bound to deliver me water to the highest point on my land."
He was informed by Mr. Pierotti that his knowledge of the by-laws was at fault; that instrument provided that the company was bound to furnish him with water through the ditch system. If his property was not connected with the system, it was incumbent upon him to construct a ditch leading thereto. If the ditch when so constructed were in good condition and a deed be furnished the company to right of way, it might be adopted as company property and thereafter maintained by it. But the company was not obligated to run water to a man, even though he owned stock in the company, whose place was not connected with its system. When so connected, the company obligated itself to furnish water to him on the discussion of Burns and his nerve, instructed to write that gentleman, saying the board would hold the railway to its original contract, the terms of which were insisted upon.
Burns immediately came off the perch. On Monday morning copy of original contract was returned; since which time Burns has gone way back and sat down.
The board ordered that water be turned out of all ditches the 1st of December, in order to make repairs and improvements to canal.
Irrigators will make a note of it, and govern their cabbage and other irrigation accordingly.
Supt. Woodward was instructed to begin work of constructing section 4, of the work at Horseshoe Bend, which was withheld, at the recent competition of contractors, on account of the excessive charge. The work takes in part of the ditch at the Bend. Work to begin when water is out of canal.
Mr. Bradford was appointed a committee to procure right of way for ditch above reservoir.
Engineer Kellogg submitted drawings of Yorba reservoir, coupled with report of other work in hand.
There were present: Steward (in the chair), Pierotti, Smith, Sherwood, Bradford; absent, Crowther.
SHALL NEW STOCK BE ISSUED?
Some Irrigators Lean to the Opinion that 1000 More Shares Should Be Placed on Sale.
The Fullerton-Placentia Farmers' Club at its recent meeting at Mr. Chapman's discussed the propriety of issuing another 1000 shares of water stock by the Anaheim Union Water Company. Stock in this company has raised in a year, owing to conservative management, coupled with its magnificent resources, from $6 per share to $50, and there are few shares on sale at the latter figure. There are eight thousand shares outstanding. The collateral rise in them during the year has thus been $352,000. The company has 4000 shares of treasury stock, which has never been issued. Now some irrigators are agitating the sale of 1000 of these shares at $100 per share, the money thus realized to be applied to improvements.
After a lengthy discussion of the subject, Mr. Chapman offered the following resolution:
Whereas, There being a constantly growing demand for water by the farm,
NECESSITY FOR YORBA RESERVOIR
Engineer Kellogg Submits Facts and Figures Dealing With This Important Undertaking.
At the meeting of the water board on Saturday, Engineer Kellogg submitted the following report upon the Yorba reservoir, work upon which, it is expected, will be shortly begun:
To the board of directors of the A. U. W. Co.—Gentlemen: In accordance with your resolutions of Sept. 21st, I herewith report as follows: As the estimate of cost and capacity is based on surveys made for the Anaheim irrigation district in 1890, I have deemed it best to submit a report made by me on Sept. 1, 1890, which describes the reservoir and the investigations made at that time, together with a report of J. D. Schuyler, which was made shortly afterward, and gives a very complete outline of the sources of water supply, reservoirs and details. Mr. Schuyler's estimates were made from my surveys, and his investigations of the borings and pits were made at once before the pits were filled up. The accompanying maps, cross-sections and profiles show the foundation outline and capacity. Mr. Schuyler's figures and mine agree, the only difference being that the capacity of the La Habra reservoir was afterwards enlarged on his recommendation, and the capacity increased 67,-420,202 cubic feet by raising the water level from 52 to 60 feet, as shown on the map of the reservoir, making the total capacity 185,659,033 cubic feet instead of 118,238,831 cubic feet, as given in report. Also a further investigation of the site mentioned at flume 8 showed the foundation to be unsatisfactory and the capacity too limited to justify the expense. The report submitted of Mr. Schuyler's includes everything but his estimate of cost on the ditches, which would not be applicable at this time, because the outline for ditches included a much larger territory and also a large number of the ditches have been built.
Capacity: The capacity, as given in report, of the Yorba reservoir, is 51,-392,762 cubic feet. Deducting 20 percent for evaporation and seepage during the periods of exposure, equal to 10,278,552 cubic feet, we find this reservoir will supply 15.86 second feet for 12 hours a day for a period of 60 days.
the company was bound to furnish him with water through the ditch system. If his property was not connected with the system, it was incumbent upon him to construct a ditch leading thereto. If the ditch when so constructed were in good condition and a deed be furnished the company to right of way, it might be adopted as company property and thereafter maintained by it. But the company was not obligated to run water to a man, even though he owned stock in the company, whose place was not connected with its system. When so connected, the company obligated itself to furnish water to him on the highest point of his land.
Witmer—Then I might have to build a ditch clean up to the reservoir before you would furnish me with water?
Pierotti—Not at all, sir; only to the nearest point in our ditch system."
Witmer said he would willingly do this, but his neighbors would not permit him. His petition praying for cementing 2200 feet of ditch leading to his place and adopted as company property had been denied by the board, one of the reasons being that property owners along the line refused to make deeds to the company for right of way, claiming that in view of the reservation by the original owner such deeds are unnecessary. But there being a neighborhood quarrel and the present line of the ditch being in doubt by some of the property owners, nothing definite could be arrived at.
Witmer was informed that his proper course was to construct his ditch along the reservation connecting it with the company's system, to maintain it, even through his neighbors threatened to plow it up, which they had done in the past. If his neighbors should plow it up, to sue them for damages, which he had a perfect right to do. The board did not feel justified in constructing half a mile of cement ditch to supply only twelve shares of stock.
Witmer said in conclusion there had been a ditch on the north side of the reservation, where he believed it should be located. But his neighbors owned a line of walnut trees at the side of the ditch, and they therefore plowed it in, thus denying him the use of water.
Mr. Sherwood thought the case warranted the board in authorizing the superintendent to open the ditch and to keep it open.
Pierotti objected to a new ditch being constructed by the company. The rule had been from time immemorial for property owners to do such work at their own expense. If Witmer's neighbors tried to deprive him of his rights he should seek redress in a court of law.
The matter went over without action. There is a possibility of a lawsuit to settle this neighborhood war.
Mr. Smith reported that M. L. Rogers was willing to give the company right of way for a ditch on his east line, provided he be granted privilege of receiving river water through it at such times as the company had no use for it.
This was agreed to. Use of the ditch will permit plowing in of a diagonal ditch running through adjoining property, which will be purchased and im-
and there are few shares on sale at the latter figure. There are eight thousand and shares outstanding. The collateral rise in them during the year has thus been $352,000. The company has 4000 shares of treasury stock, which has never been issued. Now some irrigators are agitating the sale of 1000 of these shares at $100 per share, the money thus realized to be applied to improvements.
After a lengthy discussion of the subject, Mr. Chapman offered the following resolution:
Whereas, There being a constantly growing demand for water by the farmers of this section, and
Whereas, In order for the water company to meet this demand it is necessary to make extensive improvements in its ditch system, and
Whereas, Believing the necessary funds to make said improvements can be largely secured by the sale of stock of the company, and believing that it would be to the best interest of the company to secure the funds in this way, be it therefore
Resolved, That the Fullerton and Placentia Farmers' Club respectfully request the board of directors of the Anaheim Water Company to submit the proposition of the issuance of one thousand shares of its capital stock to the next annual meeting of its stockholders. It being a part of said proposition that the entire proceeds of the sale of said stock shall be used for the improvement of its ditch system, or the building of the Yorba reservoir, and for no other purpose; be it further
Resolved, That this club recommends that this stock shall first be offered to stockholders of the company in proportion to the amount of stock each holds.
The matter went over to the next meeting of the club, when it will be called up for final action.
Construction of the Yorba reservoir will make possible irrigation of a vastly increased area, but until its completion it is doubtful whether a new issue of stock will be authorized.
Chimney Fire.
An alarm of fire was turned in on Tuesday evening at 7 o'clock for a blaze in the chimney of the residence occupied by the publisher of this paper on Claudina street. The evening being chilly a fire was started in the grate, with the result that the soot in the chimney ignited, sending up a flame and shower of sparks.
Before a dozen taps of the fire bell had been sounded the fire apparatus was out of its quarters, and the hose cart was run clanging down the street.
Arriving at the scene of disturbance, it was discovered that it was unnecessary to turn on the water, the fire in the grate having been quickly extinguished and the sparks from the chimney all but subsided. The street was filled with people, all eager to assist in putting out the fire.
Firemen climbed upon the roof and poured a sack or two of salt into the chimney. The order, "All out; go home!" was soon given, and the department returned to the fire-house.
Whereas the publisher desires to re-expense. The report submitted of Mr. Schuyler's includes everything but his estimate of cost on the ditches, which would not be applicable at this time, because the outline for ditches included a much larger territory and also a large number of ditches have been built.
Capacity: The capacity, as given in report of the Yorba reservoir, is 51,-392,762 cubic feet. Deducting 20 percent for evaporation and seepage during the periods of exposure, equal to 10,278,552 cubic feet, we find this reservoir will supply 15.86 second feet for 12 hours a day for a period of 60 days, equal to 793 inches. The capacity of the La Habra reservoir up to the 60 foot water level is 185,659,033 cubic feet. Deducting 20 per cent., equal to 37,131,806 cubic feet, we find this reservoir will supply 57.3 second feet for 12 hours a day for a period of 60 days, equal to 2865 inches. Mr. Schuyler allowed only 12 per cent. for evaporation, but since I have found that 20 per cent.was nearer correct.
Materials: There is an abundance of materials for an earth dam at the Yorba reservoir site immediately joining the dam site, and at the point of the hill just above dam where I have included an area sufficient to meet our requirements. The clay, sand and gravel is mixed in about the proper proportions to make a good bond. My estimate for an earth dam with a puddle wall is $20,000. The yardage is estimated to be 71,112 cubic yards. The plan of dam to be built is outlined in my report and shown on accompanying cross-section. At the La Habra reservoir the material properly mixed is not so near at hand. It is about 1200 yards to what I consider a first-class material for the body of the dam, although the material nearer the dam would be all right if a small quantity of sand and fine gravel were mixed with it. My plan for this dam is shown on the accompanying cross-section and described in report to irrigation district, having a concrete cut-off wall from the blue clay up to the surface. Owing to the added height and the great value of the property under the dam, I would advise carrying this concrete wall up to the surface, which would add $30,000 to my original estimate, making the estimated cost $80,-000. The yardage is 136,736 cubic yards. All the other items of cost are included in my report made formerly. Before the construction of the dam carefully prepared plans and specifications will have to be made, and probably some changes decided on. I have no doubt as to the possibility of building a thoroughly safe structure at either point, as the conditions are all favorable. Very respectfully submitted.
H. CLAY KELLOGG.
Farmers' Club.
The Farmers' club will meet at the residence of Mr. Rogers, on the East Side, on Monday afternoon next, at 2 o'clock. An interesting program is being prepared, and it is desired that as large an attendance of members as possible be present. Members should make it a point to be there.
Grand Jurors.
The matter went over without action. There is a possibility of a lawsuit to settle this neighborhood war.
Mr. Smith reported that M. L. Rogers was willing to give the company right of way for a ditch on his east line, provided he be granted privilege of receiving river water through it at such times as the company had no use for it.
This was agreed to. Use of the ditch will permit plowing in of a diagonal ditch running through adjoining property, which will be purchased and improved.
C. W. Leffingwell wrote from Whittier, entering complaint to a cave-in in the ditch parallelling the North Branch, which threatens, he said, to undermine the cemented ditch. To the Superintendent.
A letter was read from R. B. Burns, notifying the company that all agreements by the railway company relative to hauling gravel for Cajon ditch would terminate in one year.
Mr. Burns is the gentleman who was banquetted at a fete champetre by the board under the umbrageous forests at Horseshoe Bend some weeks ago. He is chief engineer of the Santa Fe; At that time, while under the influence of a load of turkey sandwiches and pate foie, he assured the assembled Directors the railway's oft-repeated promises to pay it at the rate of $250 for each of eight culverts removed from its track where the canal runs under its rails, would be more than fulfilled. At the succeeding meeting of the board Burns forwarded a draft of an agreement, saying not a word about the $250, but offering to haul all the cement needed for the work, free of charge. This, it was afterward ascertained, amounted to nearly if not quite, as much as the original collateral offer. The agreement was to hold good for five years. It was signed on behalf of the company, and returned to the railway for final signature and adoption. Pending its return to the board, the work at Horseshoe Bend was, by mutual consent, commenced.
Burns' second letter cut out four years from the original contract, which had not yet been returned the water company by the railway corporation.
Sherwood—That man has the coldest nerve I ever saw!
Secretary Krick was, after a further arrival at the scene of disturbance, it was discovered that it was unnecessary to turn on the water, the fire in the grate having been quickly extinguished and the sparks from the chimney all but subsided. The street was filled with people, all eager to assist in putting out the fire.
Firemen climbed upon the roof and poured a sack or two of salt into the chimney. The order, "All out; go home!" was soon given, and the department returned to the fire-house.
Whereat the publisher desires to return his sincere thanks to all for their prompt and kindly assistance. His expensive wedding trousseau and a new receipt for paste were in the building without insurance.
OLINDA SCHOOL.
The Olinda school district, which includes the settlement about the Santa Fe and Graham and Loftus oil wells, at the mouth of Soquel canyon, has had a difficulty to contend with this year of an unusual character. The number of children had so outgrown school accommodations it was determined to issue bonds and build a new schoolhouse. As soon as this was definitely settled the board sold the building used for school purposes, which stood on leased ground, and made preparations for a new building. The board found itself subsequently unable to obtain a lot to which it could secure title. This has been effected only within the last few days, and school has been out during the summer. The foundation for the new schoolhouse is done and the floor laid, and the board thinks it will be ready to open school by the 9th of December.
Christmas exhibition at Harris & Falkenstein's opens Saturday, Nov. 23.
ROYAL BAKING POWDER
Absolutely Pure
Makes the food more delicious and wholesome
BY FOR YORBA RESERVOIR
Kellogg Submits Facts and Realing With This Im-ment Undertaking.
Setting of the water board in Engineer Kellogg sub- following report upon the voir, work upon which, it will be shortly begun:
And of directors of the A. Gentlemen: In accordance resolutions of Sept. 21st, I report as follows: As the es-tent and capacity is based on for the Anaheim irriga- tion in 1890, I have deemed it that a report made by me on which describes the res- e investigations made at together with a report of J. which was made shortly and gives a very complete sources of water supply, and details. Mr. Schuyler's are made from my surveys, investigations of the borings made at once before the sed up. The accompanying sections and profiles show on outline and capacity. Its figures and mine agree, difference being that the La Habra reservoir was enlarged by his recommend- ce capacity increased 67,- feet by raising the water to 60 feet, as shown on the reservoir, making the total 459,033 cubic feet instead cubic feet, as given in rea further investigation of eloned at flume 8 showed to be unsatisfactory and too limited to justify the report submitted of Mr. includes everything but cost of cost on the ditches, not be applicable at this as the outline for ditches much larger territory and number of the ditches have The capacity, as given in the Yorba reservoir, is 51,- feet. Deducting 20 per corporation and seepage dur-ods of exposure, equal to cubic feet, we find this res- supply 15.86 second foot for a period of 60 days.
CAJON RIGHT OF WAY COST LOTS OF MONEY
Orange and Santa Ana Irrigators Cannot Use It Without Paying for the Privilege.
Mr. EDITOR—If it was the object of your correspondent, Wm. Paxton, in rushing into print, "to get facts (and theories)" as he says, why does he not accept them in good faith when they come to him well attested and with every indication of being reliable?
As a clincher to maintain his absurd contention, that land, which is "self-supporting," "is of little value," this correspondent pleads ignorance of the English language, if it is not so. While his pleading may be true, his alternative conclusion would not follow, even if his pleading were false. Land that will pay even a small profit over and above expenses, when stripped of its summer water and farmed by help, is not to be sneered at. It is proverbial that farming will not pay profit to absent land owners:
"He who by the plow would thrive. Must either hold himself or drive."
Very many thousand acres of land under this water system failed to meet expenses during the past year, if wages were allowed for the work; and yet no fair-minded person says the "land is of little value!"
There are a number of theories about where the water that flows down the river comes from. Newberry and this correspondent would have us believe that all the water in the middle and lower portions of the stream comes from return seepage from irrigation. Mr. Newberry says that, inasmuch as such water has escaped from its original appropriators, it becomes "wild water" and is subject to reappropriation, to be taken anywhere that he can find a customer for it. He is now trying to maintain that theory against the companies in the court and this correspondent has opened fire in the rear with the same theory. When it is known that there are 508 square miles of water-shed in the great interior basin below Colton, with no other visible outlet but the Santa Ana river, and that there has been nearly fifteen (14.98) inches annual rainfall on the average for the past thirty years on that water-shed, some idea may be had of where the water in the river comes
the entire value of Irvine's riparian rights must attach to said right-of-way. The value of riparian rights is gauged partly by the extent of river front and partly by the use that can be made of the water. The use is not confined to irrigation, which is only considered by our friend, but gives value to several thousand acres of land for grazing purposes. The estimation of the money value of these rights is not subject to this correspondent's dictum, or to that of any other purchaser, but must be such as disinterested persons capable of judging would consider them worth. The attorney says that, "in condemning the riparian right of water for watering stock, the companies would have to pay practically the full value of several thousand acres of grazing lands." That would make the value of these grazing lands a measure of the value of the riparian rights. The foregoing quotation from the attorney also answers the absurd statement that "it would cost the attorney fee" only to condemn these riparian rights. Besides the attorney fee there must be costs of court and the value of the rights of the owner. Article I, Section 14 of the Constitution of California reads in part as follows:
"Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for, the owner, and no right-of-way shall be appropriated to the use of any corporation other than municipal until full compensation therefore be first made in money."
It may perhaps be unnecessary to add that a condemnation suit of such magnitude could not be tried in Orange county because of the disqualification of the court and the people generally from whom a jury would be drawn. The delay, too, would be endless. People who talk condemnation suit so glibly have little idea of the difficulties that would be encountered in such an undertaking. The deal with Irvine not only saves this enormous expense and endless delay, but it transfers all of his rights in the river to the companies, so that all danger of litigation on that account is removed.
A great deal of misrepresentation is being made by a few individuals and some perversion of facts. For instance it has been reported that a Mr. Smith put an offer, to furnish a certain amount of water by pumping for a certain specified price, into the hands of the president of this company, and he would not submit the proposition to
PERSONAL MENTION
G. B. Key of Placentia is erecting a greenhouse on his ranch.
Mr. and Mrs. B. Mouliot were in town from Buena Park Monday.
Mr. and Mrs. L. B. Benchley of Fullerton were in town on Monday after noon.
Mrs. T. L. Garrison visited with friends in town one afternoon last week from the oil wells.
W. F. Botsford was down from Los Angeles on Monday, paying a visit to his extensive orange plantation at Placentia.
E. C. Franzen and Chris. Schröeder of Santa Ana were in town on Thursday day, on a short trip, combining business and pleasure.
John Hanna, Esq., came up from Miraflores on Monday afternoon. He has completed gathering his walnut crop, which turned out well.
H. R. Cooper was in town some days ago from Orange. He is about to negotiate a sale of his seven-acre tract on Sycamore street to Mr. Strehl.
B. F. Porter and Hugo Wetzel, two of the representative citizens of Fullerton and Placentia country, were in town on Tuesday evening.
Mrs. A. B Richardson and two little daughters are here from Ontario, Canada, to reside permanently. Mrs Richardson is a sister of Mrs. J. B Rea.
Dave Rogers was in town from Peatlands on Monday. He reports that celery crop best in years,and large force engaged in the work on gathering it.Not less than 2,100 car- loads will be harvested.
Louie Noah, who came over on thark was in town on Friday from Los Angeles.Louie used to be in the internal revenue business but now, occupies tha more pretentious position of traveling salesman.
Supervisor Potter is giving attention to the work of covering with asphalture the Chapman street bridge,and tha across the Sandwash.The first structuure will be thus treated during tha coming week,and will be closed ta traffic for a week.Work will then beginagin upon the Sandwash bridgewhichhas had but one coating in six years.
C. M. Lathrop and party of Centralia passed through town on Monday morning,在 four prairie schooners,bound forthe new settlement of Imperial,San Diego county.Household utensils chickens and stock were taken aloudThe party will locate permanently
The capacity, as given in the Yorba reservoir, is 51.4 feet. Deducting 20 per公顷 and seepage durations of exposure, equal to public feet, we find this supply 15.86 second feet for day for a period of 60 days, 35 inches. The capacity of the reservoir up to the 60 level is 185,693 cubic meters 20 per cent., equal to public feet, we find this supply 57.3 second feet for day for a period of 60 days, 35 inches. Mr. Schuyler has 12 per cent. of evaporation I have found that 20 per cent correct.
There is an abundance of for an earth dam at the reservoir site immediately adjacent to the dam site, and at the point above dam where I have area sufficient to meet our needs. The clay, sand and mixed in about the proper make a good bond. My can earth dam with a puddle 20,000. The yardage is equal to 71,112 cubic yards. The to be built is outlined in and shown on accompanying map. At the La Habra resin material properly mixed is that hand. It is about 1200 for the body of the dam, all-material nearer the dam right if a small quantity fine gravel were mixed plan for this dam is shown planking cross-section and an report to irrigation disguise a concrete cut-off wall value clay up to the surface. The added height and the of the property under the aid advise carrying this con- up to the surface, which $30,000 to my original estimating the estimated cost $80,-yardage is 136,363 cubic feet of other items of cost are my report made formerly. Construction of the dam prepared plans and specifica- have to be made, and prob- changes decided on. I have to the possibility of build- roughly safe structure at it, as the conditions are all Very respectfully sub- H. CLAY KELLOGG.
Farmers' Club. Farmers' club will meet at the of Mr. Rogers, on the East Sunday afternoon next at 2 an interesting program is be- dred, and it is desired that as attendance of members as pos- sent Members should make to be there.
Grand Jurors.
This gentleman devised a little quibble to sneer at by crediting the 200 inches salvage water of last year to this year's scant supply, just as though it hurt him to find there could be an increase of water through the Durkee ranch. He ought to know that it takes several years for the rainfall to affect tion, to be taken anywhere that he can find a customer for it. He is now try- ing to maintain that theory against the companies in the court and this correspondent has opened fire in the rear with the same theory. When it is known that there are 508 square miles of water-shed in the great interior basin below Colton, with no other visible outlet but the Santa Ana river, and that there has been nearly fifteen (14.98) inches annual rainfall on the average for the past thirty years on that water-shed, some idea may be had of where the water in the river comes from. Why, half of that rainfall can be thrown away for evaporation and run off and still leave 14,022 inches of running water to drain into the river constantly from all sides, and that at too after all the water from the mountain streams had been taken out of the river by the settlements named by the gentlemen in the upper portion of the basin. Where all that water goes to no man knows exactly: but its ever-recurring precipitation, year after year, precludes the necessity of theorizing about where the water in the lower part of the channel comes from. Certainly a very insignificant portion of it comes from return seepage from irrigation.
As to the ownership of the water after it appears in the river, many complications have arisen; but it is not necessary now to consider anything outside of what affects our own interests. We repeat that "Durkee's title to a share of the water in the river was as perfect and complete as that of any riparian owner on the stream. In buying that title we did not buy our own water—so called because we had previously used it at times—any more than a man would buy his own horse when he purchased an animal he had previously driven." The question as to whether that water could be taken out of the water-shed is not important, because the principle is under consideration in two suits now pending in the courts. Besides, it is just as important to prevent Durkee, or any one else, from using the water within the water-shed at a time when needed by our irrigators. If water poured freely into the ranch in winter, "like bread cast upon the waters," will be found "after many days" down here for our summer use, then it follows logically that, when used on the dry ground of the ranch in summer, it will be found "after many days" down here in the following winter. That is to say, all water run upon the dry soil a quarter of a mile or more from the river in mid-summer is lost to the lower users. The proper course for us is to soak the ranch in winter and spring and bring all the water down into the valley in summer. This can only be done when the ranch belongs to us.
This gentleman devised a little quibble to sneer at by crediting the 200 inches salvage water of last year to this year's scant supply, just as though it hurt him to find there could be an increase of water through the Durkee ranch. He ought to know that it takes several years for the rainfall to affect tion, to be taken anywhere that he can find a customer for it. He is now trying to maintain that theory against the companies in the court and this correspondent has opened fire in the rear with the same theory. When it is known that there are 508 square miles of water-shed in the great interior basin below Colton, with no other visible outlet but the Santa Ana river, and that there has been nearly fifteen (14.98) inches annual rainfall on that water-shed, some idea may be had of where the water in the river comes from. Why, half of that rainfall can be thrown away for evaporation and run off and still leave 14,022 inches of running water to drain into the river constantly from all sides, and that at too after all the water from the mountain streams had been taken out of the river by the settlements named by the gentlemen in the upper portion of the basin. Where all that water goes to no man knows exactly: but its ever-recurring precipitation, year after year, precludes the necessity of theorizing about where the water in the lower part of the channel comes from. Certainly a very insignificant portion of it comes from return seepage from irrigation.
As to the ownership of the water after it appears in the river, many complications have arisen; but it is not necessary now to consider anything outside of what affects our own interests. We repeat that "Durkee's title to a share of the water in the river was as perfect and complete as that of any riparian owner on the stream. In buying that title we did not buy our own water—so called because we had previously used it at times—any more than a man would buy his own horse when he purchased an animal he had previously driven." The question as to whether that water could be taken out of the water-shed is not important, because the principle is under consideration in two suits now pending in the courts. Besides, it is just as important to prevent Durkee, or any one else, from using the water within the water-shed at a time when needed by our irrigators. If水 poured freely into the ranch in winter, "like bread cast upon the waters," will be found "after many days" down here for our summer use, then it follows logically that, when used on the dry ground of the ranch in summer, it will be found "after many days" down here in the following winter. That is to say, all water run upon the dry soil a quarter of a mile or more from the river in mid-summer is lost to the lower users. The proper course for us is to soak the ranch in winter and spring and bring all the water down into into the valley in summer. This can only be done when the ranch belongs to us.
This gentleman devised a little quibble to sneer at by crediting the 200 inches salvage water of last year to this year's scant supply, just as though it hurt him to find there could be an increase of water through the Durkee ranch. He ought to know that it takes several years for the rainfall to affect tion, to be taken anywhere that he can find a customer for it. He is now trying to maintain that theory againstthe companies in the court and this correspondent has opened fire in the rear with the same theory. When it is known that there are 508 square miles of water-shed in the great interior basin below Colton, with no other visible outlet but the Santa Ana river, and that there has been nearly fifteen (14.98) inches annual rainfall on that water-shed, some idea may be had of where the water in the river comes from. Why, half of that rainfall can be thrown away for evaporation and run off and still leave 14,022 inches of running water to drain into the river constantly from all sides, and that at too after all the water from the mountain streams had been taken out ofthe river bythe settlements named bythe gentlemen inthe upper portionofthebasin.Whereallthatwatergoestonomanknowsexactly:butitsever-recurringprecipitation,yearafteryear,precludesthenecessityoftheorizingaboutwherethewaterinthelowerpartofthechannelcomestfrom.Certainlyaveryinsignificantportionofitcomesfromreturnseepagefromirrigation.
As totheownershipofthewaterafteritappearsintheriver,manycomplicationshavearisen;butitisnotnecessarynowtoconsideranythingoutsideofwhataffectsourowninterests.Wererepeatthat"Durkee'stitletoashareofthewaterintheriverwasasperfectandcompleteasthatofanyriparianowneronthestream.Inbuyingthattitlewe didnotbuyourownwater—socalledbecausewehadpreviouslyuseditattimes—anymorethanamomanwouldbuyhisownhorsewhenhepurchasedananimalhehadpreviouslydriven."Thequestionasto Whetherthatwatercouldbetakenoutofthewater-shedisnotimportant,becausetheprincipleisunderconsiderationinthetwosuitesnowpendinginthecourt.Besides,theitisjustasimportanttopreventDurkee,或anyoneelse,从usingthewaterwiththerawater-shedatattimewhenneededbyourirrigators.Ifwaterpouredfreelyintotheranchinwinter,"likefreadcastuponthewaters,"willbefound"aftermanydays"downhereforoursummeruse,thethengetbovedatonthereasoncouldbewo纳izedeffortinany directionifthekickerscouldhavetheneway.
Whileallthelittlequibblesofthiscorrespondenthavenotbeenansweredthesecondtime,eoughhasbeen saidtoshowthatthereisnoreal meritinanyofhiscontents.Therivalrybetweenthestockholdersshouldbenotastowhocanfindthemostfaultbutastowhocandofthemostforthewelfareofthecompany.-S.A.Rormor,intOrangeNews.
New Closet
Marshal Steadman is having a brand-new closet placed in one oftheupperroomsattheCityHall.Oonedaylastweekhebehelda蜘蛛havingtheredspotdenotingitspoisonouscharacter,runningacrosstheseatoftheoldcloset。它 disappeareddownanodiningnextthewall.Fromthattimeontheclosetwasincommunicado.
Prof.C.Woodworth,assistsprofessorofentomologyintheUniversityofCalifornia,hasbeenvisitedfriendsinOrangecounty.HewasfirmlyassociatedwithE.S.RichmondofFullertoninschoolworkinTheUniversityofArkansas。Prof.Woodworth'sspeciallineofworkisthestructureoffruitpests,andhisfishhasbeeninNorthernCalifornia.Istoattendafarmers'instituteotheheldthecomingweekatLompwherehisworkwillbesimilartotheProf.Cookin thesecountries.
Christmas exhibition at Falkenstein'sopens Saturday,November
Farmers' Club.
Farmers' club will meet at the of Mr. Rogers, on the East Monday afternoon next, at 2 an interesting program is beed, and it is desired that as attendance of members as posent. Members should make to be there.
Grand Jurors.
Wing jurors have been drawn Senior Court. They are in be in court December 2d, at for instructions: John W. Charles Ross, W. A. Huff, Fadden, C. E. Jackson, F. A. Co. W. Doremus, Reuben J. Newson, Geo. R. Reyburn, m, W. T. Newland, John E. L. Kellogg, C. C. Chap-Stanley, C. T. Robinson, T. Donald Parker, J.W. Prime, note, Jas. C. Gregg, H. Charles Lehman, George H. R. Bridgeford, John Morris, Justin, Will S. Ritchey, W.L.
Entertainment.
A Ahlborn informs us that ers will give a literary and entertainment at their hall the December 7th. It will con- a social hop.
Notice.
Sales wanting grain or pasture d by the Stearns Rancho Co., long season, in Ranchos Las Colsa Chica, San Juan Cajon Ana La Habra and Las apply at once to W.J. Hole, La Habra, Cal.
BAKING POWDER
and wholesome
water run upon the dry soil a quarter of a mile or more from the river in mid-summer is lost to the lower users. The proper course for us is to soak the ranch in winter and spring and bring all the water down into the valley in summer. This can only be done when the ranch belongs to us.
This gentleman devised a little quibble to sneer at by crediting the 200 inches salvage water of last year to this year's scant supply, just as though it hurt him to find there could be an increase of water through the Durkee ranch. He ought to know that it takes several years for the rainfall to affect the summer flow of the river. The three previous dry years, with whose abundance he contrasts the past season's scant supply, were the cause of the diminution of the stream this last summer. As to the value of even a little increase, Ontario a few years ago paid the full price of the Durkee ranch ($100,000) for half as much as that salvage water (100 inches) sneered at by our friend. The Corona people say that, if the ranch were above them so that they could get the water from it by gravity as we do, they would willingly give $200,000 for the property. Surely, the Durkee purchase has been threshed to a conclusion, and yet not a single objection has survived a correct statement and a fair construction of the facts.
It may be an unpleasant duty to contradict this correspondent, who doubtless believes he is right, but it is a duty nevertheless. Sufficient answer to satisfy a reasonable person has already been made to his claim that the engineer stated the right-of-way was in the river-bed and of no value to Irvine, and that the attorney said the riparian rights were of no value to Irvine because he had no place to use the water; but he reiterated his claim with the addition that it would cost only the attorney's fee to condemn. Both the engineer and attorney deny that their statements taken in connection with all that was said at the time, would justify any such conclusions. The fact that this right-of-way is wanted to take the water out of the river-bed would show that such right-of-way is not in the river-bed; also the purpose for which it is wanted would show that
New ClosetMarshal Steadman is having a brand new closet placed in one of the upper rooms at the City Hall. One day last week he beheld a spider having the red spot denoting its poisonous character, running across the seat of the old closet. It disappeared down an opening next the wall. From that time on the closet was incommunicado.
He conferred with the Mayor, and informed him of what he had seen. That dignitary shuddered, and instructed him to have a new closet installed. Joe Bennerscheidt did the rest.
Christmas exhibition at Harris & Falkenstein's opens Saturday, Nov. 23.
A large stock of clothing received and other new novelties for the Holiday trade. Queen Quality, the famous shoe for women. They win every eye and they fit every foot. The most wonderful feature of "Queen Quality" shoes is that of perfect fit and absolute comfort which they possess in a greater degree than any other shoe made. Every stylish lady should ask for the Queen Quality shoes. Chas. Federman.
MONEY
can be borrowed on more favorable terms from the Savings, Loan and Building Association of Anaheim than from any similar institution in the State.
A Home Institution conducted by home men
If you want to borrow money at a low rate to pay off your present mortgage, or to build a home or to improve your present one, address or call on Fred A. Backs, Jr.
Secretary Anahei
“La Belle”
SEE THAT THIS
TRADE MARK IS BRANDED ON EVERY SHOE.
Kibo Kid,
Light flexible sole,
Leather Louis XV. hool.
Exact Reproduction of this Style Shoe.
WALKOVER SHOE $3.50
Chas, Federman & Co.
LEADERS IN GOOD GOODS
USE GILBERT'S STANDARD DRESS LININIGS
Our CHRISTMAS EXHIBITION ... OPENS ... SATURDAY NOV. 23
IT WILL be the finest display of Toys, Dolls and Christmas Fancy Articles ever shown in Orange County. There will be Dolls of all descriptions—Doll Babies and Doll Ladies to delight the hearts of the little girls. But the boys are not forgotten, either, as we will have lots of toys for the little fellows, too. Bring the children, and let them make their selections. Come early, before the lines are picked over.
HARRIS & FALKENSTEIN
CASH DEPARTMENT STORE,
Metropolitan Block.
Anaheim, Cal.
Carriages of all Descriptions
from the Light Whalebone Speeder, Rubber Fire Road Wagon or Top Buggy, to the Boony Family Surrey or Market Wagon we carry at all times the very latest designs and styles. We carry carriages that are the acme of style and comfort for family driving. All the light Runabouts for road use, that are unsurpassed for lightness, combined with strength. We have them in Rubber and Street Pires.
Come in; look around.
MAX JACOBSON
Harness, Carriages, Buggies, Etc.
214-216 East Fourth Street,
SANTA ANA : CALIFORNIA
Air-tight Heaters
and Oil Heaters
MAX JACOBSON
Harness, Carriages, Buggies, Etc.
214-216 East Fourth Street,
SANTA ANA : CALIFORNIA
Air-tight Heaters and Oil Heaters
AT DICKEL'S...
Prepare For The Winter
And Keep Colds and Sickness Away By
keeping Your Rooms Warm XXX
The best and up-to-date Livery turnouts
City Livery Stables
ZEUS & WARLING, Proprietors.
Center street. Anaheim
C. A. STREHLE
TIN, COPPER and... TANKS, WINDMILLS and PUMPS.
Sanitary Plumbing
Cor. Los Angeles and Center sts.
ANAHEIM, CAL.
Remember ...
TIN, COPPER and...
SHEET IRON WORK
Sanitary Plumbing
Cor. Los Angeles and Center sts.
ANAHEIM, CAL.
Remember ...
I carry the finest stock of stationery, books and confectionery in Anaheim.
Being agent for all Newspapers, Periodicals and Magazines, you can save money by subscribing through my agency.
Joseph Helmsen
Anaheim Bakery,
PETER SYRE, PROPRIETOR.
FRESH BREAD CAKES & PIES CONFECTIONERY, ETC.
Wedding Cakes a Specialty. Los Angeles and Cyprus Sts.
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