anaheim-gazette 1909-04-29

BARTON LOSES WATER SUIT RIVERSIDE GETS DECISION OVER SAN BERNARDINO Case Was Watched With Interest by Orange County Irrigators, whose Position in Similar Cases Is Uphold by State Supreme Court The supreme court has affirmed the decision of Judge Bennett in the hard-fought case of John H. Barton et al. against the Riverside water company, the Riverside-Highland water company and the West Riverside 350-inch water company. The case was appealed on a judgment of non-suit, handed down by Judge Bennett in the superior court at San Bernardino over two years ago. The suit involved the question as to whether the Riverside water companies could legally divert water from the San Bernardino artesian basin and carry it to Riverside. Barton and others endeavored to restrain the Riverside companies from the alleged diversion. Judge Bennett granted a non-suit order, from which the complainants appealed. The supreme court held that as the water companies were public service corporations and had been diverting the water in question for years without opposition until the present case, the appellants could not maintain action to enjoin the continuance of such public use. The case was watched with interest by Orange county irrigators, since it possessed peculiar bearing upon their claims to water in the upper valley, which have for years been brought down into the lower valley canal company as well as that of the Corona water company. It is not believed that either these cases will ever come to now that the issue has been by the supreme court. The San Bernardino Sun is nouncing the decision says: "The decision mentioned above was merely a verbal one followed later by a written one from the supreme court. The is particularly hard here, though attorneys who represented J. H. who as a member of the San Bernardino water protective association named as plaintiff, are unwilling wager a statement as to what nature course will be until they see the full text of the opinion in there are still pending other based upon similar grounds, and purpose is to press these, and continue the fight to a successful clusion if possible." WHAT KEECH SAYS In regard to the supreme decision in the case of Barton against the Riverside water company Attorney Keech said to the Ana Register: "The decision has no great benefit upon the two water companies, county. The decision was more concerning evidence than concrete points of law. It decides that Riverside people have a right take water out of the San Bernardino basin as against irrigators them. It decides nothing as a water users below them. It is a decision for the Riverside people helps us, in that we would that the Riverside people put far up as possible rather than..." corporations and had been diverting the water in question for years without opposition until the present case, the appellants could not maintain action to enjoin the continuance of such public use. The case was watched with interest by Orange county irrigators, since it possessed peculiar bearing upon their claims to water in the upper valley, which have for years been brought down into the lower valley for purposes of irrigation. The decision upholds the claim of valley irrigators, who have never yet lost a water suit against appropriators in the upper valley districts. Complaint in the Barton case was filed in San Bernardino county in June of 1904. The chief defendants in the action were the Riverside water company, Riverside-Highland water company, and the West Riverside 350-inch water company though others indirectly interested were named as defendants. The plaintiffs asked for permanent injunction against the defendant companies to prevent their pumping or drawing off water from wells in San Bernardino valley, alleging that the water level had been lowered by the operations of defendants and that 2500 inches of water were being taken from the valley in constant flow to the detriment of property owners in the valley. The case was tried before Judge Bennett of Kern county and the presentation of plaintiff's case alone consumed nearly two months, a host of witnesses being introduced. No evidence was put in by the defendants, who made a motion for non-suit, at the conclusion of plaintiff's case. This motion was granted, after which the plaintiffs appealed to the supreme court. The fact that the supreme court has sustained Judge Bennett settles for all time, it is believed, the issues involved in the action. A notable array of legal talent was employed in the trial of the case. The plaintiffs were represented by C. C. Haskell, Judge Rolfe and Byron Waters and the Riverside water company by Houghton & Houghton, J.S. Chapman and Curtis & Curtis. After Judge Chapman's death, the San cerning evidence than concludes points of law. It decides that Riverside people have a right to take water out of the San Bernardino basin as against irrigators them. It decides nothing as a water users below them. It is a decision for the Riverside people helps us, in that we would that the Riverside people pull far up as possible rather than down closer to us to do it." The Riverside Enterprise said the decision: What the Decision Means That the affirmation of Judgement's judgment is a boon to side and vicinity is easy to defend when it is brought to mind if the plaintiff had been allowed relief demanded the water company doing business in Riverside have been almost without a supply. Realizing that the forming decision was of utmost importance to the city, the people Riverside watched with interest for the opinion of the court. It is even claimed that value of Riverside property to a certain extent upon the of the litigation. When seen by an Enterprise, Attorney Carnahan was jubilant over the court's decision the citizens of Riverside generally pressed their approval of the order in this famous case. This case has been one of most famous water suits ever out in Southern California county the people of this entire part state became interested in the battle. As is well known, the city of Riverside is supplied with water and converted from the artesian and the Santa Ana river in San Bernardino county. The suit was commenced March 15, 1906, by Joe Barton and twenty-six other holders of that county, asking the Riverside water company Riverside Highland water公司 and the West Riverside 350-inch water company be enjoined from their drawing off, diverting any water in any A notable array of legal talent was employed in the trial of the case. The plaintiffs were represented by C. C. Haskell, Judge Rolfe and Byron Waters and the Riverside water company by Houghton & Houghton, S. Chapman and Curtis & Curtis. After Judge Chapman's death, the San Francisco law firm of Page, McCutcheon & Knight came into the case as associate attorneys for the Riverside water company. R. H. Goodcell and Charles R. Gray appeared for the Riverside-Highland water company and Collier & Carnahan and H. C. Hubbard for the West Riverside 350-inch water company. "The decision will not injure San Bernardino," said President Cuttle of the Riverside water company to a Press reporter. "The San Bernardino valley is not deprived of any water by the decision that it has heretofore used, and Riverside will work with the San Bernardino people in the conserving of water and in preventing its waste. There is enough water for both San Bernardino and Riverside and it is hoped that this decision will put an end to litigation that has been expensive to both and needless as well." The decision of the supreme court conflicts in some particulars with the famous decision in the Katz-Walkin-shaw case, which case can still be retried under the decision of the supreme court should the plaintiffs desire to push it. A similar case now pending is that of Parish vs. Gage The excellent work performed at the wireless station at Forden, on Puget Sound is made subject of a report from the officer of the army at that station at times communicated with San Francisco and it difficulty at night in exchanging sages with the station at Capco, 325 miles distant, and while Bluff, California, 525 miles distant. Constant communication maintained with stations with radius of from 250 to 300 miles. For Sale: 5 year old driving weight 1100 pounds, sound, good position and well bred. Address W. H. Syer, box 114, Anaheim NATIONAL GUARD AFFAIRS SHOOTING TOURNAMENT AT CAMP PERRY IN AUGUST Sixty-Eight Different Matches, and Valuable Cash Prizes Offered — Inspection While Guardsmen Are In Camp to Determine Efficiency Members of the national guard are turning their attention to the summer's work in field exercises and rifle practice, and they are much interested in the coming national shooting tournament, which will be held at Camp Perry, Ohio, in August, and which is destined to be the biggest event, not only of this shooting year, but in the history of the country. While there is some uncertainty as to whether any local members will be represented on the team from this city it is practically assured that there will be a creditable representation from this state at the national tournament. There will be sixty-eight different matches during this tournament, lasting from August 9th to September 4th. Of these matches three will be conducted by the war department, seventeen by the national rifle association of America, six by the department of the lakes rifle association, and forty-two by the Ohio state rifle association. The Ohio state rifle association, in preparing for these matches, has so widened its scope and character that it must now be regarded as a national and not a state or sectional institution. In practically every event it has lengthened the prize list which includes such inquiries inspectors as may be necessary establish an adequate knowl of the nature of the organization acter of the armament and degree of discipline, or inspect the bodies inspected," says Weaver. "It is difficult to the limits and the scope of spection in more than general and it is also difficult, if notsible, to designate the time required in any particular The scope and time in all organizations to be inspected the state of their instruction inspector will have to detect to what is necessary, both scope and time, after he brought in contact with them. "Two conditions may arise trying out this scheme. If officer designated to make spection may be the officer by the department to be preining the encampment for purposes. In such case, the would be able, it is assumequire the necessary inform regard to organization, armed discipline in connection with ties as instructor without it in any way with the scher construction. Second, the officer be appointed specially for the of making the inspection and one detailed as instructor. Case, it will be necessary officer detailed as instruct range, by special corresse with the military authorities state, for such opportunities ing the inspection as may be desirable by the officer and conveniently granted by authorities." The Decision Means Affirmation of Judge Bennett is a boon to Riverside is easy to comprehend it brought to mind that Jeff had been allowed the added the water companies press in Riverside would almost without a source of realizing that the forthcoming was of the utmost importance in the city, the people of matched with intense opinion of the higher even claimed that the riverside property rested on extent upon the resultation. By an Enterprise report by Carnahan was quite the court's decision and of Riverside generally ex- approval of the outcome thus case. It has been one of the water suits ever fought Western California courts and of this entire part of the interested in the legal known, the city of Riv applied with water drawn from the artesian wells Santa Ana river in San Beraty. The suit was comm 15, 1906, by John H. twenty-six other land that county, asking that side water company, the highland water company, West Riverside 350-inch any be enjoined from furring off, diverting or con- water in any manner ciation of America, six by the department of the lakes rifle association, and forty-two by the Ohio state rifle association. The Ohio state rifle association, in preparing for these matches, has so widened its scope and character that it must now be regarded as a national and not a state or sectional institution. In practically every event it has lengthened the prize list and increased the value of the prizes in such a way that now shots who are merely good, as well as shots who are really great, can enter the matches of the O.S.R.A. and be reasonably sure of having something to show for their skill. The shots of world-wide reputation have been encouraged to do better—but so have the men with reputations still to make. Besides making the established matches more attractive the O.S.R.A. has added three new matches of great importance; the Catrow cup match, corresponding to the Leech cup match; the adjutant general's match, corresponding to the Wimbledon cup match, and the governor's match, corresponding to the president's match. The three new matches, and many of the others, since the O.S.R.A. has generously increased the number and amount of prizes, now look as well if not better than the national rifle association matches of similar nature. The president's, the Wimbledon and the Leech of the N. R. A. have all been placed exclusively on the percentage basis, so that the cash received by the winners will depend entirely on the number of entries in these events. The Wimbledon carries six percentage prizes and some conditional ones the Leech cup the same, and the president's has a prize list of twenty. But Ohio's Catrow match has two $25, one $20, one $15 and three $10 prizes with a complete prize list of twelve. The adjutant general's match carries twelve prizes also, and the governor's twenty-two, starting out with $50. Many competitors will doubtless take a chance in the O.S. R.A. big matches because of the certainty of something substantial if they be appointed specially for that of making the inspection and one detailed as instructor. Case, it will be necessary officer detailed as instructor range, by special corress with the military authorities state, for such opportunities ing the inspection as may be desirable by the officer and conveniently granted by authorities." A DISTURBING RUMOR Los Angeles Stirred Over Ranch Syndicate Charging that a syndicate E. H. Harriman, H. E. H. Harrison Gray Otis, E. T. other local capitalists are has by the purchase of th ranch shut off the city frig ing the water from Owensville the city, the democratic league Angeles has asked the coun- without paying an immense fee the syndicate, the consum- the gigantic water system obtained. The league in its com- contends that these capita- purchase nearly two years to the name of the San Fernando mission land company of a- the Porter ranch can prevent from acquiring a right of wa aqueduct. City officials say the mu- owns rights of way and do will be impossible for the pany to profit except by b ber from the city for irrigation city attorney has been insu investigate and make an port. In its communications, whent both to the mayor and city council, the league ass- all of the lands surrounding Fernando reservoirs are o fthe San Fernando ex-miss- company, which was incorpore same time the board of w missioners in 1904 had secre- ed on the Owens river prop- In order to bring the wthe San Fernando reservoir president's has a prize list of twenty. But Ohio's Catrow match has two $25, one $20, one $15 and three $10 prizes with a complete prize list of twelve. The adjutant general's match carries twelve prizes also, and the governor's twenty-two, starting out with $50. Many competitors will doubtless take a chance in the O.S. R.A. big matches because of the certainty of something substantial if they win. Preparations are being made by the division of militia affairs for an additional inspection of the national guard, which has been decided upon by Assistant Secretary Oliver on recommendation of the national militia board. A circular letter has been forwarded to each state informing them of the proposed additional inspection, in which request is made that in drawing up the program for the coming summer encampment, opportunity be given to make the inspection contemplated by the officer detailed by the war department for that purpose. The department finds it impossible to give any definite information as to the details of the inspection or as to the time required to make them. This will depend in each case on the size of the organization and on the degree of training of the troops. In general terms, the inspection will be such as to enable the inspecting officer to form a definite opinion as to the features of the military organization of the troops, the nature of the armament and the degree of instruction. "The scope of the inspection is determined by the act of congress, sent both to the mayor and city council, the league assists all of the lands surrounding Fernando reservoirs are on the San Fernando ex-mission company, which was incorporated same time the board of water missioners in 1904 had secured on the Owens river property. In order to bring the work at Fort Worcester Sound is made the report from the chief army at that station. At times communicates Francisco and it has no night in exchanging messe at the station at Cape Blances distant, and with Ta-California, 525 miles distant communication is with stations within a room 250 to 300 miles. A 5 year old driving mare, weighs 5 pounds, sound, good dis well bred. Address Dr. box 114, Anaheim Cal. B. Dauser Dealer In all Kinds of GRAIN AND FEED Storage Warehouses And Custom Feed Mill in Connection Regular Mill Days, Mondays Wednesdays and Fridays. LOCATION—South of Sant Fe depot. Anaheim Bakery Peter Syre, Prop. Fresh Bread Cakes and Pies Confectionery, Etc. Wedding Cakes a Specialty Los Angeles and Cypress Sts. O. FULDE An old German Watchmaker and Jeweler is located at 113 East Center Street, (Near Hart's Place) where you can find anything in the Jewelry line at The Lowest Possible Prices Watches and Jewelry a specialty The Best Cuts of MEAT Can be had here any time. We don't reserve them for a favored few and compel the others to take what is left. First come is first served in this market. We believe in giving The Lowest Possible Prices Watches and Jewelry a specialty The Best Cuts of MEAT Can be had here any time. We don't reserve them for a favored few and compel the others to take what is left. First come is first served in this market. We believe in giving everybody a square deal. Also in selling the very best meat we can get hold of at the prices possible. Try us with an order. CITY MARKET F. W. FLEISCHMANN, Prop. Odd Fellow's Bldg., Center street Sunset Phone 201 OLIVER HILL City Livery Stables Fashionable Outfits at Reasonable Rates. CEMENT PIPE Building Stone, Fence Posts W. A. HUNTER FULLERTON Phone me for all information. Prices right and all work guaranteed. 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 Anaheim LUMBER, CEMENT, BRICK ARDEN PLASTER MILL WORK Beveled Well Curbing C. GANAHL LUMBER COMPANY CHAS. F. GRIM, Manager Fred A. Backs, Jr Secretary Anaheim LUMBER, CEMENT, BRICK ARDEN PLASTER MILL WORK Beveled Well Curbing C. GANAHL LUMBER COMPANY CHAS. F. GRIM, Manager JOSEPH BACKS, Undertaker and Embalmer Furniture and Bedding. Repairing Done Phones—Sunset M. 93. Home 1062 PLUMBING Plumbing Materials WATER PIPE All Plumbing Repairs We Contract to Furnish all the Materials and Do the Work, or Furnish the Materials only Get Our Prices JAMES W. HELLMAN Hardware, Stoves. Etc. 157-161 N. Spring St. LOS ANGELES