anaheim-gazette 1909-03-04

BAD BILL FILLED WITH BUGS BLACK'S IRRIGATION MEASURE CHARACTERIZED AS REVOLUTIONARY Veiled Attempt to Resurrect Works Bill, Defeated a Number of Years Ago—Local Irrigators Make Vigorous Protest—Some of its Provisions Senate bill No. 1063, introduced by Senator Black Feb. 11, has caused local irrigators more trouble as no other measure since the odious Works bill was put to sleep a number of years ago. The bill is pronounced revolutionary, as it upsets all irrigation laws now upon the statute books, and would deprive irrigators of their vested rights. Assemblyman Melrose has forwarded copies of the bill here, and asks that protests be forwarded to Sacramento. He will make a vigorous fight against the bill in committee, and will endeavor to prevent a favorable report. A largely attended meeting of irrigators was held at Orange on Saturday, when E. E. Keech made an extended argument against the bill. Mr. Keech has favored us with a copy of his article, and we publish it herewith: Section 1 declares that the waters of all streams in this state, whether flowing above or underground in known or defined channels, are hereby declared to belong to the state of California, subject to all existing rights to the use thereof, whether by reason of riparian ownership or by appropriation, but water percolating through the soil shall belong to the person owning the soil through which it percolates. Section 2 limits riparian rights in the waters of the streams of this state to the amount of water reasonably necessary and needed for the irrigation of riparian lands and for watering stock, domestic uses on such lands and other actual beneficial uses, and provides that "a riparian owner cannot by injunction or otherwise, prevent the beneficial use engineers at the request of the person, company or corporation ing water for sale, rental or institution, to regulate such supply and the manner thereof, the satisfaction of such deputy to be such person, company or corporation to make such orders as are necessary from time to time out the provisions of the act ing to their true intent, or to any cases which arise and for no provision is made in this way to make any regulations which considered necessary to give visions of this act full effect. Section 8 makes existing lies subject to this act. Section 9 requires existing ties to make reports covering points of their business under different heads. Section 10 prescribes a permanent failure to make report. Sections 11, 12, 13, 14 and require the board of engineers certain and determine the floodary and flood waters in streams of the state, the and description of riparian ing thereon, the parts irrigating needing irrigation, the quantity actually irrigated, the appropriation already made. the amounts o necessary for use on riparian the amount of appropriated and the amount of surplus wa-ject to appropriations, and that file in their office a record these determinations. Section 15 requires that each of these records (maps ports) shall be filed in the office of the secretary of state and an office of the recorder of the city through which the stream and that they and each of the certified copies thereof, a competent and prima facie evidence of the facts stated therein o eated thereon. These engineers are allowed out in an ex parte investigation ascertain from hearsay or an incompetent evidence and decide prima facie evidence the right the riparian land owners andors of the state, and the only overturn their decision would suit brought by the aggrieve appropriation, but water percolating through the soil shall belong to the person owning the soil through which it percolates. Section 2 limits riparian rights in the waters of the streams of this state to the amount of water reasonably necessary and needed for the irrigation of riparian lands and for watering stock, domestic uses on such lands and other actual beneficial uses, and provides that "a riparian owner cannot by injunction or otherwise, prevent the beneficial use of the waters of the stream to which his lands are riparian when the same is not actually needed and used by him for watering stock, for domestic use or irrigation thereon or other actual beneficial uses. Section 3 defined riparian rights to irrigate. Section 4 provides that, subject to vested rights, the waters of any stream may be appropriated for any beneficial public or private use, in the manner provided in this act, and not otherwise. Section 5 establishes a state board of engineers of four members, one chief engineer and three for three districts into which the state is divided. Section 6 makes the governor ex-officio a member of this board. Section 7 defines the general powers of the board. Among other powers they are given the following: To define the time of year during which water shall be supplied for irrigation; to regulate the extent and points of diversion from rivers, streams and other waters; to regulate from time to time the water rates which may be charged by licensees and others, as in this act provided; to regulate the manner in which water is to be supplied to persons entitled thereto, whether continuously or at stated intervals, or under both systems; to appoint deputy "I can truthfully say that I believe that, but for the use of your Emulsion I would long since have been in my grave. I was past work—could not walk up-hill without coughing very hard." THIS, and much more was written by Mr. G. W. Howerton, Clark's Gap, W. Va. We would like to send you a full copy of his letter, or you might write him direct. His case was really marvelous, and that they and each of their certified copies thereof, competent and prima facie evidence of the facts stated therein owed thereon. These engineers are allowed out in an ex parte investigation ascertain from hearsay or an incompetent evidence and decide prima facie evidence the right to the riparian land owners and owners of the state, and the only overturn their decision would suit brought by the aggrieve in a court of competent jurisdiction in the trial of which he would limited in opposing such primary case to the introduction of a tent and relevant evidence acco to the rules of the law of e Any lawyer who has been enlisted in litigating water rights in state, most of which go back least a generation or two, known difficult it would be in many to secure such competent evidence so that the ex parte determine of the board of engineers would technically determine such cases. It is now the rules of evidence the same for both sides and ever disability attaches to the attaches also to the other. With such tremendous power ed in the hands of the board would be a great inducement for water user or water company "see" the members of the board engineers while making hisigation or at least fill him up as possible with a strong state of that person or water rights, and since the represence of the board of engineers would essarily go to these water users water companies to secure him he would be largely at their in the accuracy of the facts he secured. Section 23 requires the board ascertain and record diversion ready made and to examine records, judgments and court and make records thereof seems to be supplemental toions 11, 12 and 13, already m It suggests the utter incompete of their whole proceedings. Sections 24, 25, 26, 27 and 28 vide for licenses to be issuedature appropriators, and section provides for licenses to appropriate prior to the passage of the Section 30 makes these ill conclusive upon the state and facie evidence as to all other partof the amount of water to which licensee is entitled. The effect prima facie evidence we have dy noticed. Section 31 provides for the sale and use of flood waters. Section 32 makes appropriate tor appurtenant to the land wi THIS, and much more was written by Mr. G. W. Howerton, Clark's Gap, W. Va. We would like to send you a full copy of his letter, or you might write him direct. His case was really marvelous, but is only one of the many proofs that Scott's Emulsion is the most strengthening and re-vitalizing preparation in the world. Even in that most stubborn of all diseases (consumption) it does wonders, and in less serious troubles, such as anemia, bronchitis, asthma, catarrh, or loss of flesh from any cause the effect is much quicker. Do not delay. Get a bottle of SCOTT'S EMULSION—be sure it's SCOTT'S and try it. ALL DRUGGISTS Let us send you Mr. Howerton's letter and some literature on Consumption. Just send us a Post Card and mention this paper. SCOTT & BOWNE 409 Pearl Street New York at the request of any per-any or corporation supply-for sale, rental or distrib-igate such supply and use manner thereof, the compen-such deputy to be paid by him, company or corporation; such orders as are deemed from time to time to carry provisions of the act, accord-er true intent, or to meet which arise and for which it is made in this act; and any regulations which are unnecessary to give the pro-this act full effect. 38 makes existing compan-ies to this act. It requires existing compan-ies reports covering all the their business under twelve heads. 10 prescribes a penalty for make report. 11, 12, 13, 14 and 15 re-oard of engineers to as-determine the flow of or-flood waters in all the state, the quantity motion of riparian border-, the parts irrigable and irrigation, the quantity ac-tivated, the appropriations made. the amounts of water nor use on riparian lands, not of appropriated water, amount of surplus water sub-propriations, and to make their office a record of all determinations. 15 requires that one copy case records (maps and re-ords be filed in the office of city of state and another in of the recorder of the county which the stream flows, they and each of them, or copies thereof, shall be and prima facie evidence is stated therein or delinion. Engineers are allowed to go into parte investigation and from hearsay or any other evidence and decide from evidence the rights of all land owners and irrigat-ate, and the only way to their decision would be by by the aggrieved party able and just compensation therefor, etc." Section 40 makes all rights acquired under the law subject to the laws of congress for storing water, etc. Section 41 provides that all rights to the use of water acquired under this act or otherwise shall be lost or abandoned by a failure, without sufficient excuse, for the term of two years, to apply to a beneficial use the water appropriated. Kellogg annotates on the margin opposite this section of the bill "Good Law," but inasmuch as it applies to the riparian right to irrigate it would be unjust, unconstitutional and revolutionary as to such rights. Section 42 requires reports by all persons or water users holding rights previously acquired and gives the board power to promptly enforce the use of a uniform system of accounting suited to the needs of all persons, corporations, companies and associations operating under the provisions of the act. CALAVERAS BIG TREES Government Now the Owner of Monarchs of Forest President Roosevelt has signed a bill creating the Calaveras national forest, which insures the saving of the giant sequoias and other big trees in Calaveras and Tuolumne counties in this state. The big trees have been held by private ownership, belonging to Robert B. Whiteside, a lumberman of Duluth, Minn., but by the provisions of the act an exchange of other timber owned by the national government will be made with Mr. Whiteside, on terms to which he has agreed. The new forest contains 960 acres in Calaveras county and 3040 acres in Tuolumne county. In the former there are ninety-three big trees and in the latter 1380—and no tree with a circumference of less than eighteen feet is counted. In addition to the giant sequoias there are hundreds of sugar pines and yellow pines of astonishing proportions on the two tracts, some of them 275 feet high and eight to ten feet in diameter. There are also mo- Engineers are allowed to go into part investigation and from hearsey or any other evidence and decide from evidence the rights of all land owners and irrigation state, and the only way to their decision would be by the aggrieved party of competent jurisdiction, of which he would be supposing such prima facie introduction of competent evidence according to the law of evidence who has been engaged in water rights in this of which go back for at operation or two, knows how would be in many cases such competent evidence, ex parte determinations of engineers would practise such cases. As it rules of evidence are for both sides and whatity attaches to the one so to the other. A tremendous power placards of the board there great inducement for each or water company to members of the board while making his investi-least fill him up as full with a strong statement son or water company's since the representative of engineers would nec- to these water users oranies to secure his data, largely at their mercyracy of the facts which requires the board to record diversions al- and to examine existing segments and decrees of take records thereof. This supplemental to sect- and 13, already noticed. In the utter incompetency sole proceedings. 4, 25, 26, 27 and 28 proses to be issued to fuiliators, and section 29 licenses to appropriators passage of the act. It makes these licenses upon the state and prima de as to all other persons at of water to which the titled. The effect of the evidence we have alrea-provides for the storing good waters. Makes appropriated wa-ments will surely destroy the sense of smell and completely derange the whole system, when entering it through the mucous surfaces. Such articles should never be used except on prescription from reputable physicians, as the damage they do is ten-fold to the good you can possibly derive from them. Hall's Catarrh Cure, manufactured by F. J. Cheney & Co., Toledo, Ohio, contains no mer- HEAVEN OR ALGIERS A celebrated Anglican divine, the late Bishop of Rochester, who had been ailing for some months, decided to consult Sir Frederick Treves, the noted surgeon. After a careful examination, Sir Frederick pronounced his verdict and added: "Your Lordship must go to Algiers or some winter resort on the Riviera." "Impossible," replied the bishop; "quite impossible. I have too much work to get through." "Well," said the doctor, "you must make your choice. It is either Algiers or heaven." "Dear me!" exclaimed the bishop with a sigh; "then I suppose it must be Algiers." Beware of Ointments for Catarrh that Contain Mercury as mercury will surely destroy the sense of smell and completely derange the whole system, when entering it through the mucous surfaces. Such articles should never be used except on prescription from reputable physicians, as the damage they do is ten-fold to the good you can possibly derive from them. Hall's Catarrh Cure, manufactured by F. J. Cheney & Co., Toledo, Ohio, contains no mer- Beware of Ointments for Catarrh that Contain Mercury as mercury will surely destroy the sense of smell and completely derange the whole system, when entering it through the mucous surfaces. Such articles should never be used except on prescription from reputable physicians, as the damage they do is ten-fold to the good you can possibly derive from them. Hall's Catarrh Cure, manufactured by F. J. Cheney & Co., Toledo, Ohio, contains no mercury, and is taken internally, acting directly upon the blood and mucous surfaces of the system. In buying Hall's Catarrh Cure be sure you get the genuine. It is taken internally and made in Toledo, O., by F. J. Cheney & Co. Testimonials free. Sold by druggists. Price, 75c per bottle. Take Hall's Family Pills for constipation. Quality shows in the goods that we sell One word describes them—that word is "swell." WM. F. LUTZ CO. Santa Ana. A Reliable Remedy Ely's Cream Balm is quickly absorbed. Gives Relief at Once. It cleanses, soothes, heals and protects the diseased membrane resulting from Catarrh and drives away a Cold in the Head quickly. Restores the Senses of Taste and Smell. Full size 50 cts., at Druggists or by mail. In liquid form, 75 cents. Ely Brothers, 56 Warren Street. New York. Cutting Down Your Fire Insurance! One of the indirect advantages which would come to you if you adopt individual motor drive with power from our lines will be a decreased fire risk. Going away with boiler and engine rooms not only decreases the human life and property, but will allow you a reduction in fire insurance rates. It’s a point worth considering, along with the many other changes which electric drive has over any other form? THE EDISON ELECTRIC CO. SANTA ANA DRINK PRIME BEER It makes you healthy. Keg and bottled Beer delivered to all parts of the city. UNION BREWING CO. Phone Sunset 301 Home 1246 KEEP A LOOK OUT on your horse's feed. Be sure and give him the right kind. He will give you better service and you wont have to call a veterinary surgeon. WE HAVE BALED HAY In our store room that's as sweet as the day it was mown. There isn’t on your horse's feed. Be sure and give him the right kind. He will give you better service and you wont have to call a veterinary surgeon. WE HAVE BALED HAY In our store room that's as sweet as the day it was mown. There isn't a bit of danger when using our feed. It's good the year round. our prices on Hay, Grain, Seeds and Poultry Supplies before buying. It will pay you. H. H. GARDNER & CO. Phones: SUNSET 91. HOME 1382. 65¢. Music on both sides! Two records at a single price! Two records at a single price! COLUMBIA DOUBLE-DISC RECORDS different selection on each side They fit any machine That tells the whole story except at at 65 cents for the Columbia double-Disc you get a better record, each side, than you ever bought be-e at $1.20 for the same two selec-ms. Get a catalog! Jos. Helmsen