anaheim-gazette 1912-11-21

NEW WATER LAWS PROPOSED BY COMMISSION INDICATE SWEEPING CHANGES IN METHODS OF IRRIGATION IN CALIFORNIA DECISION OF OREGON COURT UPON SUBJECT THROWS LIGHT ON NEW ORDER OF THINGS Sacramento, Cal., Nov. 11, 1912. Editor Gazette: The following is offered for publication by the Conservation Commission of the State of California as being a matter of general interest. Objection has been offered to the Water Commission bill proposed by the Conservation Commission, on the ground that the Water Commission provided for in the bill would have judicial powers. A decision has just been rendered in an Oregon case, based upon the Oregon law, after which the California law is modeled, especially in respect to the powers of the Water Commission provided for in the California law, which effectually refutes the contention that the Water Commission, under our proposed law, would be vested with judicial powers. At the open meeting which the Conservation Commission recently held in the Chamber of Commerce building, Los Angeles, one of the principle objections to the proposed water commission bill seemed to be raised by Mr. Goodcell and Mr. Waters; their objection being that the powers given to the commission under the proposed bill, were judicial and not administrative, and for that reason, the bill would undoubtedly be unconstitutional. We have just received, and herewith enclose a copy of a letter from the State Engineer of the State of Oregon, and a copy of a decision in the district termination of the relative rights of the various claimants to the waters of such stream, it is made the duty of the board, if upon investigation it finds the facts and conditions such as to justify, to make a determination of such rights and to fix a time for the beginning of the taking of testimony and the making of such examination as will enable it to determine the rights of the various claimants. And in case suit is brought for the adjudication of the right to the use of the water in any of the circuit courts of the state it may be, in the discretion of the court, transferred to the board for consideration as in the act provided. In case the board concludes to proceed with the determination of the rights of various claimants to water on any stream, it is required to give notice by publication of the date when the state engineer will begin investigating the flow of the stream and the ditches diverting water therefrom, and the time and place where the division superintendent will begin the taking of testimony. Service of such notice to be made by registered mail on each person, firm or corporation claiming a right to use any of the waters of the stream or owning or being in possession of lands bordering on or having access thereto, insofar as they can reasonably be ascertained, which notice must be mailed at least thirty days prior to the date of the making of the examination and the taking of testimony. There must be enclosed with each notice, sent by registered mail, a blank form on which the claimant or owner is required to state in writing the particulars necessary for the determination of his rights to the water to which he lays claim, including his name and address, the nature of the right or use on which the claim is based, the time of its initiation or the commencement of such use and if distributing works are required, the date of beginning the construction, when completed; the date of beginning and completion of enlargements, dimensions of the ditch as originally constructed and as enlarged, date when water was first used for irrigation or other beneficial purposes, and if used for irrigation, the amount of land claimed the first and subsequent years, with the dates of reclamation, the amount and general location of the land such ditch is intended to irrigate, the character of the soil, the kinds of crops cultivated, and such other facts instructions to them and masters for them. Within six months from preme court, this party interim circuit court for The determining control as confirm court is made co-rights and the claims upon water lawfully terminated, and of the secretary to each person represented a certificate signifying forth its right and such certification in the office proper count. In November, Otley and M. B. with the state bury that they were Silvies River and requesting a definite rights of such waters. They made an order and fixing a day neeer would make survey of the small superintendent taking of testing manner requiredthe several claims hundred in numbercept the Pacificand one other students of Oregon.in the notice, th Company filed a board, accompany removal of th Its petition sets theretofore had control, alleges Hayes were at their petition with many years prior since have beenof the State of Oreand inhabitantsthe Livestock Coresident of th that controvey ley and Hayes are pany is wholly different states ww termed as better At the open meeting which the Conservation Commission recently held in the Chamber of Commerce building, Los Angeles, one of the principle objections to the proposed water commission bill seemed to be raised by Mr. Goodcell and Mr. Waters; their object being that the powers given to the commission under the proposed bill, were judicial and not administrative, and for that reason, the bill would undoubtedly be unconstitutional. We have just received, and herewith enclose a copy of a letter from the State Engineer of the State of Oregon, and a copy of a decision in the district court of the United States for the district of Oregon, which, you will see, decides that the Board of Control in Oregon, (which corresponds very closely to the proposed water commission to be formed under the water commission bill) is an administrative and not a judicial body. It seems to us that this overcomes the main objection that was raised against the proposed water commission bill. Very truly yours, STATE CONSERVATION COM., By J. A. Patten, Acting Secretary. STATE OF OREGON Office of State Engineer Salem, Or., Oct. 30, 1912. Mr. Louis R. Glavis, Secretary Conservation Commission, 702 Mills Building, San Francisco, Calif. Dear Sir: I am enclosing herewith an opinion by the U. S. District Court of Oregon, which decides the question as to whether our Board of Control, which has charge of the water resources of the State, and of the adjudication of old rights, is an administrative body or a court. It is now settled that this is an administrative body, free from the complicated technical legal rules of pleadings and of evidence. In any legislation which you pass in California, you should see to it that the Board is an administrative body because the judicial work is only incidental and subordinate to its main function, the distribution of water and protecting water rights. This opinion, together with the Wyoming case of Farm Investment Company vs. Carpenter (61 Pac. 276), and the Nebraska case of Crawford vs. Hathaway (63 Northwestern 795), settled beyond question of doubt, the constitutionality of these administrative adjudications by boards, under the police power of the State. Trusting that this may be of interest to you, I am Very respectfully, JOHN H. LEWIS, State Engineer. In the District Court of the United States for the District of Oregon. In the matter of the determination of the relative rights to the waters of the Silvies River and its tributaries. In February 1909, the legislature of Oregon passed an act for the regulation, control, distribution, use and determination of the existing rights to the use of the waters within the state. (Laws 1909, 319). It divides the state into two water divisions, provides for election of a state engineer and a superintendent for each division authorized based on the time of its initiation or the commencement of such use and if distributing works are required, the date of beginning the construction, when completed; the date of beginning and completion of enlargements, dimensions of the ditch as originally constructed and as enlarged, date when water was first used for irrigation or other beneficial purposes, and if used for irrigation, the amount of land reclaimed the first and subsequent years, with the dates of reclamation, the amount and general location of the land such ditch is intended to irrigate, the character of the soil, the kinds of crops cultivated, and such other facts as will show compliance with the laws in acquiring the right. This statement is required to be verified and any claimant served with notice who fails to appear and submit proof of his claim as required shall be barred from subsequently ascertaining any rights theretofore acquired. At the time fixed in the notice, the state engineer or his assistant is to make an examination of the stream and the works diverting water therefrom, which examination is to include the measurement of the discharge of the stream, the carrying capacity of the various ditches and canals, an approximate measurement of the land irrigated or susceptible of irrigation from the various ditches and canals, and such other data and information as may be essential to the proper understanding of the relative rights of the parties interested. These observations and measurements are to be reduced to writing and made a matter of record in the office of the state engineer, and it shall be his duty to make or cause to be made a map or plat on a scale of not less than one inch to the mile showing with substantial accuracy the course of the stream, the location of each ditch or canal diverting water therefrom, the legal subdivisions of lands which have been irrigated or which are susceptible of irrigation from the ditches and canals already constructed. At the date named in the notice, the division superintendent is required to commence taking testimony and continue the same until it is completed, when he shall give notice by registered mail to the various claimants that at a time and place named all of the evidence shall be open for inspection for a specified length of time by the various claimants and owners. Any claimant desiring to contest any of the rights of any person, corporation or association which has submitted its evidence may within five days after the expiration of the time fixed in the notice for the public inspection of the evidence, notify the superintendent in writing the grounds of his proposed contest and the superintendent is thereupon required to fix a time for hearing of such contest before him and to cause notice to be served upon interested parties. He may adjourn the hearing from time to time and is authorized to issue subpoenas to compel the attendance of witnesses to testify in such matters. After the evidence has all been taken, the superintendent is required to transmit the same to the office of the board of control, and as soon as practicable after the necessary data has been compiled by the state engineer and the evidence filed, it is made the duty of the board to cause to be entered of The attorney has official capitalizing Sitz. Otley and other claimants been sent except pany, moves to or from state board ground (1) that he board was ntition for removal civil nature at close within mea statutes, because tially an admini cial body. (2) Company and S are not only are involved in that such contrie determined as b plete relief afforce of all th e water. And (3) to be remanded tuted by th e st ation o f th e claimants to th e er and is in effect state in its sove purpose and th e Section 24 o f vides that th e United States sh diction "of all at common law" "between citizens where th e matte ceeds," exclusive sum or value In the District Court of the United States for the District of Oregon. In the matter of the determination of the relative rights to the waters of the Silvies River and its tributaries. In February 1909, the legislature of Oregon passed an act for the regulation, control, distribution, use and determination of the existing rights to the use of the waters within the state. (Laws 1909, 319). It divides the state into two water divisions, provides for election of a state engineer and a superintendent for each division, authorizes the creation of the necessary number of water districts and the appointment of a water master for each district. All applications for the use of the unappropriated waters of the state are to be made to and approved by the state engineer. It is the duty of the water master to divide the water of the natural streams or other sources of supply in his district among the several ditches and reservoirs according to their respective rights, and in general to supervise and control the use and distribution thereof, subject to the general supervision of the superintendent and the board of control. The division superintendent is given general control over the water masters and the execution of the laws relating to the distribution of water within his division with authority to make such reasonable regulations to secure the equal and fair distribution thereof in accordance with the determined rights as may be needed, not inconsistent with the laws of the state. His actions are subject to appeal to the board of control. The state engineer and the two division superintendents constitute a board of control and under such regulations as may be prescribed by law, are given supervision over the application, distribution and division of the waters of the state, and the several officers concerned therewith. The decision of the board are subject to appeal to the courts. Whenever a petition signed by one or more users of water on a stream is filed with the board of control, requesting the de- of his proposed contest and the superintendent is thereupon required to fix a time for the hearing of such contest before him and to cause notice to be served upon interested parties. He may adjourn the hearing from time to time and is authorized to issue subpoenas to compel the attendance of witnesses to testify in such matters. After the evidence has all been taken, the superintendent is required to transmit the same to the office of the board of control, and as soon as practicable after the necessary data has been compiled by the state engineer and the evidence filed, it is made the duty of the board to cause to be entered of record in its office an order determining and establishing the several rights to the waters of the stream, and to transmit the original evidence and certified copy of its determination to the clerk of the circuit court of the county in which said steam or some part thereof is situated, and to procure an order from the circuit court or the judge thereof fixing a time at which the matter will be heard by the court, and thereafter the proceedings in the circuit court shall be as nearly as may be like that in a suit in equity, except that it may be heard and decided and a decree entered in vacation. Within thirty days after the filing of the evidence and the findings of the board in the circuit court, or within such further time as the court may allow, any person may file exceptions to the findings of the board, but if no exceptions are filed the court is to enter a decree affirming such findings. All parties are entitled to be heard by counsel on the consideration of the exceptions to the findings of the board, and the court may, if necessary, remand the matter for further evidence or consideration by the board. Pending the consideration of the matter by the court, the findings of the board shall be in force and effect unless stayed by giving a bond as provided in the act. Immediately upon the entering of a decree by the circuit court, the clerk of such court is required to transmit a copy thereof to the board of control, and it is the duty of the state engineer to forthwith issue the necessary information. Section 24 of this provides that the United States shall dictate "of all law at common law" where the matters receeds, exclusive of sum or value lars. And secures which the districtiction by this now pending order be brought in as removed into this United States forthe defendant or residents of that any suit mentioned there shall be a wholly between states and which mined as between one or more of these interested in supe move said suit inthe United State trict." The phil law and in equ ordinary actions allthe proceeded ordinary law are distinguished from tary, admiralty courts. 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Oregon, and are citizens and inhabitants of such state, and that the Livestock Company is a citizen and resident of the State of California; that the controversy between Sitz, Otley and Hayes and the Livestock Company is wholly between citizens of different states which can be fully determined as between them, and in this behalf it is averred that the Livestock Company claims to have heretofore taken and appropriated a large amount of the waters of Silvies River and its tributaries and applied the same to beneficial uses; that Sitz, Otley and Hayes likewise claim that they have appropriated and taken from the river certain waters and applied the same to beneficial use; that the Livestock Company claims that its appropriation was prior in time and in right to that of Sitz, Otley and Hayes; that they deny the appropriation by the company of the amount of water which it claims to have appropriated, and deny that such appropriation was prior in time and prior in right to them, and deny that the controversy involves the extent of the appropriation by the Livestock Company on the one hand and by Sitz, Otley and Hayes on the other, and the relative priority thereof in point of time and therefore in point of right, and deny that such controversy is a separable one between the Livestock Company and Sitz, Otley and Hayes can be fully determined as between them and exclusive of interest and costs, exceeds in value the sum of three thousand dollars. The attorney general of the state in his official capacity and as representing Sitz, Otley and Hayes all the other claimants to whom notice has been sent except the Livestock Company, moves to remand the matter to the state board of control on the ground (1) that the proceeding before the board was not, at the time the petition for removal was filed, a suit of a civil nature at common law or in equity within the meaning of the federal statutes, because the board is essentially an administrative and not a judicial body. (2) That the Livestock Company and Sitz, Otley and Hayes are not the only parties whose rights are involved in the controversy, and that such controversy cannot be fully determined as between them, and complete relief afforded without the presence of all the other claimants to the water. And (3) the proceeding sought to be remanded is in effect one instituted by the state for a judicial determination of the rights of the various claimants to the waters of Silvies River and is in effect a suit brought by the state in its sovereign capacity for that purpose and therefore not removable. Section 24 of the Judicial Code provides that the district courts of the United States shall have original jurisdiction "of all suits of a civil nature at common law or in equity," "between citizens of different states" where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of three thousand dol- THREE CLASSES OF YAWNING Good Hearty Yawn One of Best Aids to Health—"Yawn and Grow Fat" We are always partly asleep or never really awake—some part of the body dormant most of the time. This is especially true of the lungs, every cell of which should be used with every breath we draw, but which are generally only half used. It is because of this sleepy condition of the lungs that we yawn. A really good hearty yawn is one of the best aids to health, second only to the habit of laughter. If it is true that one may "laugh and grow fat," it is also true that one may "yawn and grow fat," for both have the same power of bringing into play all the cells of the lungs, which should be used for infusing oxygen into the blood. If we took full breaths with every breath we draw, every cell would be filled with oxygen-filled air and then emptied of air changed by the extraction of oxygen and the addition of carbon dioxide, but as we usually breathe only lightly, many of the cells are filled with this used air, but they are not emptied of it, and consequently until they are emptied are not in operation and the blood that flows around them fails to get the oxygen required. It is evident, therefore, that there are all the time in most of us—a number of cells that want to be emptied, but which we do not take trouble to free, because we can get along all right with the cells that are working, and these are enough to keep the blood in fairly good condition. None the less, the lower cells of the lungs are all the time striving to be emptied, either by a deep breath, a sigh or a yawn. Yawns arise from three causes, either because there are so many cells out of commission that those remaining cannot keep up the burden of oxygenating the blood, which is the cause of yawning when we are tired and sleepy before going to bed or on wakening in the morning; or it may be due to a change in the nature of the atmosphere in the cells that are working, such as the deep breaths one feels impelled to take when the air is unusually pure and which is due to a stimulation transmitted from the upper cells to those which are lower; or it may be psychic in its origin, being due Caste rules prohibit marriage between members of different castes and sub-castes. This leads to marriage relationship within very narrow circles, which result in physical degeneracy. The social reformer knows that this is a source of social and national weakness. So he has been agitating marriage between different castes, at least between the sub-castes of the same principal castes. The reform societies of the Brahmo-Somaj and the Arya-Somaj are doing yeoman's service in this as in other social reform measures. Intermarriages are going on under the auspices, between different original castes, sub-castes and even between different provines. Mrs. Bacon—I understand one can learn different languages from the phonograph? Mrs. Ebert—Well, since our neighbor got his I know my husband has used language I never heard him use before. A THOROUGH TEST One to Convince the Most Skeptical Anaheim Reader The test of time is the test that counts. Doan's Kidney Pills have made their reputation by effective action. The following case is typical. Anaheim residents should be convinced. The testimony is confirmed—the proof complete. Testimony like this cannot be ignored. William Thursby, 417 E. Walnut St., Santa Ana, Cal., says: "Off and on for years I was bothered by my back and kidneys. To stoop or walk a little distance made the dull, heavy ache in my back more severe and my rest was badly broken. Further fault with my kidneys was shown by sediment in the kidney secretions. Reading about Doan's Kidney Pills, I got a box and soon after I used them, I noticed improvement. My back became strong and free from pain and the trouble with the kidney secretions was corrected. I have not changed my opinion of Doan's Kidney Pills since I recommended them over two years ago. The cure has been permanent." For sale by all dealers. Price 50 cents. Foster-Milburn Co., Buffalo, New York, sole agents for the United States. Remember the name—Doan's—and take no other. Advertisement Section 24 of the Judicial Code provides that the district courts of the United States shall have original jurisdiction "of all suits of a civil nature at common law or in equity." "between citizens of different states" where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of three thousand dollars. And section 28, that suits of which the district court is given jurisdiction by this title and "which are now pending or which may hereafter be brought in any state court may be removed into the district court of the United States for the proper district by the defendant or defendants, being non-residents of that state. And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit to the district court of the United States for the proper district. The phrase "suits at common law and in equity embraces not only ordinary actions and suits but includes all the proceedings carried on in the ordinary law and equity tribunals as distinguished from proceedings in military, admiralty and ecclesiastical courts. It is a very comprehensive term and is understood to apply to any proceedings in a court of justice by which an individual pursues a remedy which the law affords. Modes of proceeding may vary but as it affects the right of removal any civil proceeding in a state tribunal in which a judgment or decree is sought as to the rights of the parties and presented by the pleadings for judicial determination is an action or suit within the meaning of the statute, regardless of the forum or tribunal before which the County Taxes — Next Monday, Nov. 25, last day for paying first installment. Drive Out Damp and Mold with A PERFECTION SMOKELESS OIL HEATER YOU know how damp gets into linen closets and storerooms. It's no trouble at all to keep them fresh and dry with a Perfection Smokeless Oil Heater. A Perfection Heater is a great comfort, too, on chilly mornings and cold evenings. It is the handiest and most reliable heater made. No soot; no smoke; no smell. Carry it where you please. All the heat you want just when and where you want it. Descriptive circular sent on request; or, better still, ask your dealer to show you a Perfection Smokeless Oil Heater. STANDARD OIL COMPANY (California) 461 Market Street San Francisco Perfection Oil Heaters Cost less than a half cent per hour for fuel. Handy STANDARD OIL COMPANY (California) 461 Market Street San Francisco Perfection Oil Heaters Cost less than a half cent per hour for fuel. Handy and economical. Prices $3.50 to $5.00. At Nagel’s Hardware Store Cor. Center and Claudina Anaheim, California J. F. DISHAROON Electric and Auto Supplies and Repairing Contractor for All Kinds of Electrical work. Agent for Sunbeam Tungsten Lamps and John Lucas Paints Office—113 So. Los Angeles Street ANAHEIM, CAL. "Have you noticed the astonishingly mussy way in which Mrs. Delancy Browne dresses her hair?" "Mussy! Why, that’s the Marie Antolinette." "Is it? No wonder they cut off her head." "But," exclaimed the traveler, "do you never read the newspapers?" "I useter," replied the farmer. "I did onceet fur quite a spell; but they got too funny. 'Bout ten or 'leven years ago I quit readin' 'em. Since then I've been readin' a book." TAXES DELINQUENT MONDAY Germania Halle A splendid Lunch every day. Best brands of Wines, Liquors and Cigars for those desiring them. Cold Beer always on tap. Your patronage solicited. We make a specialty of Kentucky Dew Whiskey. J. D. Heitshusen Finest of Wines, Liquors and Cigars, at Roman Wisser's Favorite - Saloon DELINQUENT MONDAY Nov. 25 10 Per Cent Penalty Added after that Date. JOHN KELLENBERGER City Tax Collector. Anaheim Bakery Peter Syre, prop. Fresh Bread Cakes and Pies Confectionery, Etc. Wedding Cakes a Specialty Los Angeles and Cypress Sts. Dew Whiskey. J. D. Heitshusen Finest of Wines, Liquors and Tigars, at Roman Wisser's Favorite - Saloon Schlitz Beer on Draught MUSIC TEACHERS AND STUDENTS TAKE NOTICE 4 FREE SCHOLARSHIPS, endowed, and valued at $1,000 each will be awarded by the Los Angeles Musical College. Scholarships good in all departments; Voice, Violin, Plano, Drama. Competition open to anyone under 25 years of age. Examinations daily from 12 to 1 p.m. For full particulars address, Los Angeles Musical College, 7th floor, Majestic Theatre Blvd., Los Angeles. PUMPS that combine simplicity, efficiency, low cost of maintenance The Layne Patent Multi-Stage Enclosed Shaft Centrifugal Pump and Screen. Sand does not trouble WRITE FOR CATALOG NO. 76 Layne & Bowler Corp. 902-910 Santa Fe Ave. (Cor. Violet) LOS ANGELES, CAL.