anaheim-gazette 1922-01-19

CONTENDS RIVER DAM NOT BEST SOLUTION Samuel Armor, of Orange, for many years a director of the Santa Ana Valley Irrigation company, declares that the building of a dam across the Santa Ana river cannot be done successfully. He believes control of the river lies in working out a system of small diversion dams, the spreading of water on waste places and the construction of check dams. His views on the matter are set forth in the following communication: About Christmas the following letter was received on the subject of Floods and Droughts: Riverside, Cal., Dec. 23, 1921. Dear Mr. Armor: The recent heavy rains, with consequent high water in the Santa Ana river and its tributaries, following as it did several years of deficient rainfall, remind us more forcefully than words can of the necessity of conserving these waters rather than to allow them to run off in floods and thereby cause damage. Our organization has been inactive for the past year. We cannot remain stationary. We must go forward or backward. It occurred to the writer that it would be a good idea for the sub-committee from each county to get together immediately and ascertain public sentiment from each county which they represent as to the advisability of proceeding to organize a comprehensive flood control and conservation district of the entire Santa Ana river watershed under laws now on the statute books. The public sentiment in the different counties, as ascertained by this means, would be presented at the next meeting of the committee to be held January 12, 1922. No outside speaker has been invited to address the committee, but let us have one member from each county lingering on page 1727 of statutes of California of 1921 and continuing on to page 1769. This act is long and cumbersome and links the district up with the state engineer as the chief authority with two executive directors appointed by the governor. One of the indictments against the Works bill was putting the local management of the water into the hands of a commission at Sacramento. There being nothing said about the district as a sub-division of the state, the property qualifications for voting would not be objectionable. Land owners in the cities would also be allowed to vote which would be fair. Since the supervisors would have nothing to do with the district, the objection to spending county money outside the county could not be raised. The bill does not seem to provide any protection against floods other than the water storage would do. The Orange county members of the tri-counties committee met Saturday afternoon and decided they would recommend that the committee ask advice of federal hydrographers as to the best method to proceed and then see if the three counties can get together on the plan advised. Instead of commenting directly on Mr. Utt's plan for storing the floods, I will mention some fundamental facts and established principles, that have been evolved by the discussions of the past, which should underlie every plan for water control. All the water that falls within the basin of a stream belongs to the lands within that basin and cannot fairly be taken over the watershed into the basin of another stream. A. Clark, Henri F. Gardner., J. W. Anderson and others embodied the principle that water is appurtenant to the land, in the articles of incorporation of the Santa Ana Valley Irrigation company in 1877. E. E. Keech at my request, prepared an amend- which they represent as to the advisability of proceeding to organize a comprehensive flood control and conservation district of the entire Santa Ana river watershed under laws now on the statute books. The public sentiment in the different counties, as ascertained by this means, would be presented at the next meeting of the committee to be held January 12, 1922. No outside speaker has been invited to address the committee, but let us have one member from each county and then every member give his idea of what should be done. We will appreciate your co-operation to make this meeting one which will reflect the sentiment on this great question. Wishing you a Merry Christmas and happy and prosperous New Year, I am, Francis Cuttle, Chairman, Tri-Counties Reforestation Committee. A few days after the receipt of the foregoing letter, an article prepared by C. E. Utt, of Tustin, appeared in a number of the county papers, unfolding a plan for storing the floods and utilizing the water for irrigation, which plan was guaranteed by the author to cure the troubles caused by these two extremes. Still later another article appeared in the local papers, signed W. L. Hinrichs, in which the writer says, "Mr. Utt's suggestion has been the first to be advanced and if it does nothing more than start a general discussion it will have been of great benefit." The water question, both as to floods and droughts, has been under general discussion in southern California for forty-seven years to my certain knowledge and J. E. Pleasants tells of the floods of 1862 and 1867, the latter causing a break through an irrigation ditch from the San Gabriel river to form New river. The irrigators that have formed companies before and since those dates, as well as the riparian landowners, have intermittently discussed the floods and droughts, as also have the different companies with each other. Some of this discussion has been held in the courts, supported by expert testimony as to facts and rights. The Tri-Counties reforestation committee, consisting of twelve members from each of the three counties interested in the waters of the Santa Ana river, put an end to the litigation between the companies taking water out of the river and has been working harmoniously for more than a dozen years for the good of all the people within the basin of the stream, which comprises the All the water that falls within the basin of a stream belongs to the lands within that basin and cannot fairly be taken over the watershed into the basin of another stream. A. B. Clark, Henri F. Gardner., J. W. Anderson and others embodied the principle, that water is appurtenant to the land, in the articles of incorporation of the Santa Ana Valley Irrigation company in 1877. E. E. Keech at my request, prepared an amendment to section 324 C. C., providing for the transfer of the waterstock in the deed as an appurtenance to the land. In a conversation shortly before noon on the day of his death, he told me he expected to win a water suit at Hemet with that amended section of the law. It is, therefore, up to the land owners in the basin of any stream in the state to conserve and distribute the waters of such stream among themselves and no outside capitalists can interfere unless said land owners themselves fritter away their rights. This appurtenancy principle is an extension of the long established law of riparian rights, so as to include all the lands in the basin of a stream within those rights, so far as they may be able to utilize them. The Creator endowed man with reason instead of instinct, and gave him various materials in their crude form for him to shape and utilize for his support and comfort. The natural conditions of the Santa Ana river should be taken into account, and only such methods for the control of its waters be applied as will seem reasonable to fairly well informed people. It has long been conceded by experts that conditions are not favorable for building a permanent dam of any great height across that stream. Outside the rock-ribbed mountains, the territory, through which the river and its tributaries pass on their way to the sea, is composed of disintegrated rock gravel, sand and sediment brought down from the mountains and spread abroad by the river itself, and covered later by a few feet of vegetable mold. The whole heterogeneous mass is almost as easily dissolved and washed away as so much ashes would be. Nowhere in its lower course has the stream rock bottom and rock banks to build a dam upon or tie one to. The tri-counties committee knowing these conditions, has not advocated a large dam across the river to raise the water to a great height; but it has been diverting more or less of Dated this 3rd day, LULU Administratrix with of the Estate of Deceased. 1-5-5t IN THE SUPERIOR STATE OF CALIFORNIA AND FOR THE ORANGE OF ORANGE In the Matter of the Lemke, Decease Show Cause. Upon reading and hearing of Anne Lemke, Executive will and testament will deceased, praying for thorizing and permitting executrix, to lease a property belonging to which is hereinafter described, and going therefor. It is ordered that it estested in the said estate are hereby required Department One of Court, in the Court Department One, in the City of Santa Ana or Orange, Stato of O day, the 20th day of then and there to show they have, why said longing to the estate Lemke, deceased, shed for the period of time on the 1st day of ending on the 31st year, 1926, with option additional term of five rental of Seventy-five per month for and term of five years, thereof, and reference to said petition for further. Said real property to is located near the trict of the town or vicia, County of Orange formia, and is part as follows: to-wit: That certain real lying and being in the Juan Cajon de Santa Ana city of Orange, State Lot Seven (7) in "Townsite of Placentia thereof recorded in B Miscellaneous Maps,"ange County,California. Dated this 30th day A.D.1921. R.Y. Judge of the S this discussion has been held in the courts, supported by expert testimony as to facts and rights. The Tri-Counties reforestation committee, consisting of twelve members from each of the three counties interested in the waters of the Santa Ana river, put an end to the litigation between the companies taking water out of the river and has been working harmoniously for more than a dozen years for the good of all the people within the basin of the stream, which comprises the better part of the three counties. While that committee, with the federal, state, county and water company aid granted it, has done more for the good of the valley than the people generally realize, yet the pressure for retrenchment in all these departments threatens the committee's support when greater improvements are needed to store the floods. To guard against this loss and provide other means for carrying on the work, the committee secured the passage by the legislature of a conservancy act which would enable the three counties to join in the formation of a conservancy district of all that portion of the basin of the stream lying within the boundaries of each county. When the committee started to form the district, the act was found unconstitutional in at least two particulars; so, as Mr. Cuttle says, "Our organization has been inactive for the past year. We cannot remain stationary. We must go forward or backward." In the same letter, he speaks about forming a district "under laws now on the statute books," as though the defects in the former law had been curred. But I have been unable to satisfy myself on that point. The act nearest to the committee's purpose is the one for the formation of water storage districts commencing the river itself, and covered later by a few feet of vegetable mold. The whole heterogeneous mass is almost as easily dissolved and washed away as so much ashes would be. Nowhere in its lower course has the stream rock bottom and rock banks to build a dam upon or tie one to. The tri-counties committee, knowing these conditions, has not advocated a large dam across the river to raise the water to a great height; but it has been diverting more or less of the floods to debris cones and waste lands to sink into gravel strata and find their way to lower levels later in the season. Check dams have been successfully used in tributaries to hold back the peak of a flood and deliver the water more gradually with no damage therefrom. The committee has also aided in the prevention and extinction of forest fires in the mountains, thereby protecting the watershed near the sources of the stream. Other fundamental facts and well established principles might be mentioned, but time and space forbid. The Santa Ana river is generally acknowledged to be one of the best streams in the southern part of the state and belongs absolutely to the lands within its basin. Without the river these lands would be worthless—a desert waste; but with it they are among the most productive and valuable in the world. The river, like a good piece of machinery, if well cared for and properly directed, becomes a means of support and pleasure; but if it be neglected and misguided, it becomes a burden and an engine of destruction. Will the land owners of these three counties form a conservancy district and make this river a minister of beneficence and helpfulness to themselves and all about them? SAMUEL ARMOR. NOTICE TO THE STOCKHOLDERS OF THE ANAHEIM UNION WATER COMPANY Notice is hereby given that the annual meeting of the stockholders of the Anaheim Union Water Company will be held at the office of the company at Anaheim, Orange County, California, on the 28th day of January, 1922, at the hour of 10 o'clock A.M., of said day, for the purpose of electing directors to serve for the ensuing year, and to transact such other business as may properly come before the meeting. By order of the Board of Directors, L. J. SHERIDAN, Sec'y. NOTICE TO CREDITORS Estate of Joseph Harispe, Deceased. Notice is Hereby Given, by the undersigned, Administratrix with the will annexed of the estate of Joseph Harispe, deceased, to the creditors of all persons having claims against the said deceased to file them with the necessary vouchers in the office of the Clerk of the Superior Court of the County of Orange, State of California, or to exhibit the same with the necessary vouchers to the said Administrator with the will annexed at her place of business, at Suite No. 2, Odd Fellows' Building at No. 133 West Center street, in the city of Anaheim, in the County of Orange, within four months after the first publication of this notice. Dated this 3rd day of January, 1922. LULU A. HARISPE, Administratrix with the will annexed of the Estate of Joseph Harispe, Deceased. 1-5-5t IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE In the Matter of the Estate of John Lerke, Deceased. Order to CERTIFICATE OF CO-PARTNERSHIP TRANSACTING BUSINESS UNDER FICTIOUS NAME We, the undersigned, do hereby certify that we are co-partners transacting a general oil and gasoline business in the storing and distributing of oil, gasoline and petroleum products, under the firm name and style of ANAHEIM OIL CO., that the principal place of business of said co-partnership is at 105 North West Street, in the City of Anaheim, County of Orange, State of California; and that the names in full of all members of said co-partnership and their respective residences are as follows: to-wit: M. J. Long, residing on Lincoln Ave., Anaheim, Cal. W. F. Wright, residing at Orange, Orange County, Cal. In Witness Whereof, we have hereunto set our hands this 13th day of January, 1922. M. J. LONG. W. F. WRIGHT. State of California, County of Orange, SS.: On this 13th day of January, A.D. 1922, before me, Thos. L. McFadden, a notary public in and for the county of Orange, State of California, residing therein, duly commissioned and sworn personally appeared M. J. Long and W. F. Wright, known to me to be the persons described in and whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. In Witness Whereof, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) THOS. L. McFADDEN. Notary Public in and for the County of Orange, California. 1-19-t4 NOTICE OF ASSESSMENT in the City of Anaheim, State o. California upon which this assessment shall remain unpaid upon the 13th day of February, 1922, will be delinquent and advertised for sale at public auction, and unless payment is made before, will be sold on Monday, the 13th day of March, 1922, at ten o'clock a.m., to pay the delinquent assessment, together with the cost of advertising and expense of sale. By order of the Board of Directors, H. E. WOODS, Secretary. Office, 1216 Pacific Mutual Building, 523 West Sixth Street, Los Angeles, California. 1-12-5t NOTICE OF REMOVAL OF OFFICE AND PRINCIPAL PLACE OF BUSINESS OF SUCCESS OIL COMPANY Pursuant to the written consent of holders of more than two-thirds of the capital stock of the Success Oil Company, a corporation, duly organized and existing under the laws of the State of California, which consent has been duly filed in the office of said corporation in the County of Orange, said State, on the 10th day of January, 1922, and pursuant to a resolution of the Board of Directors of said corporation which resolution was duly passed at a regular meeting of said Board of Directors duly called and held at said office of said corporation on the 10th day of January, 1922, at which meeting more than a quorum of the Directors were present; Notice is hereby given that the principal place of business of said corporation will, on the 1st day of March, 1922, be changed and removed from Anaheim in said State to Los Angeles, in the County of Los Angeles, said State, after which date the principal place of business of said corporation Dated this 3rd day of January, 1922. LULU A. HARISPE, Administratrix with the will annexed of the Estate of Joseph Harispe, Deceased. 1-5-5t IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE In the Matter of the Estate of John Lemke, Deceased. Order to Show Cause. Upon reading and filing the petition of Anne Lemke, Executrix of the last will and testament of John Lemke, deceased, praying for an order authorizing and permitting her as such executrix, to lease certain real property belonging to said estate, and which is hereinafter more particularly described, and good cause appearing therefor. It is ordered that all persons interested in the said estate be, and they are hereby required to appear before Department One or said Superior Court, in the Court Room of said Department One, in the Court House in the City of Santa Ana, in the County of Orange, State of California, on Friday, the 20th day of January, 1922, then and there to show cause, if any they have, why said real property belonging to the estate of said John Lemke, deceased, should not be leased for the period of five years beginning on the 1st day of November, 1921, and ending on the 31st day of October, 1926, with option to renew for an additional term of five years, at the rental of Seventy-five Dollars ($75.00) per month for and during the said term of five years, or any extension thereof, and reference is hereby made to said petition for further particulars. Said real property herein referred to is located near the business district of the town or village of Placentia, County of Orange, State of California, and is particularly described as follows, to-wit: That certain real property situate, lying and being in the Rancho San Juan Cajon de Santa Ana, in the County of Orange, State of California, being Lot Seven (7) in Block "F" of the "Townsite of Placentia," as per map thereof recorded in Book 6, page 38, of Miscellaneous Maps, Records of Orange County, California. Dated this 30th day of December, A. D. 1921. R. Y. WILLIAMS, Judge of the Superior Court. Not Over Twenty Be Sold Any One Su AFTER February 1 During the past year Southern has added over 20,000 of our people we propose to sell only a limited amount to enable all to embrace th That certain real property situate lying and being in the Rancho San Juan Cajon de Santa Ana, in the County of Orange, State of California, being Lot Seven (7) in Block "F" of the "Townsite of Placentia," as per map thereof recorded in Book 6, page 38, of Miscellaneous Maps, Records of Orange County, California. Dated this 30th day of December, A. D. 1921. R. Y. WILLIAMS, Judge of the Superior Court. 5-5-13 NOTICE TO CREDITORS Estate of John T. Cowling, Deceased. Notice is Hereby Given, by the undersigned, Administratrix with the will annexed of the estate of John T. Cowling, deceased, to the creditors of and all persons having claims against the said deceased to file them with the necessary vouchers in the office of the Clerk of the Superior Court of the County of Orange, State of California, or to exhibit the same with the necessary vouchers to the said administratrix with the will annexed at her place of business, at Suite No. 2, Odd Fellows' Building at No. 133 West Center street in the city of Anaheim in the County of Orange, within four months after the first publication of this notice. Dated this 3rd day of January, 1922. FLORENCE S. BLACKMER, Administratrix with the will annexed of the estate of John T. Cowling, Deceased. 1-5-5t Men make light of women for vanity in dress, but did you ever see a man in a gold-braided, hat-plumed lodge uniform? February 1 During the past year Southern has added over 20,000 of our people we propose to sell only a limited amount in order to enable all to embrace the ing partners in one of the greatest world, it has been decided to limit to a Maximum of 20 Shares This new plan goes into effect February Edison Stock Yield Price, $99.00 per share, cash, $5.00 down and $5.00 per share Southern California 301 N. Marsh Phone 46 New Low Prices on Wick's Dependable Used Cars OVERHAULED 1921 Ford Coupe, many extras, looks good, tires in fine shape, $575 1921 Ford Sedan, all new tires, motor A-1 shape, new paint, a good buy, $695. 1921 Ford Sedan, Speedometer, Hasslers, this car has had good care, $670. 1920 Maxwell Touring, $475. 1920 Briscoe Touring, a peppy motor, $350. 1921 Ford Touring, rebuilt, all new tires and body, $500. Ford Touring, motor overhauled, new body, $375. 1918 Ford Touring, good shape, $225. Overland Touring, only $200. 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