Newspaper Page Text
14
the United States into a great pawn
broking establishment, it certainly
baa a right to improve what remains
of its own domain, and to sell it to
the thronging thousands and tens of
| thousands of hardy and industrious men
that are seeking for homes. For this
purpose the government would be justi
fied in spending four or live hundred
millions of dollars on improving theee
•rid lande, and of issuing for that pur
pose a special currency which, in addi
tion to its legal tender quality, would be
specially valuable because it would
have a preference in being receivable
for arid lands which had been improved
and furnished with water rights by the
government of the United States. As
the notes were paid into the govern
ment for lands they could be canceled,
If thought desirable. They would have
the highly desirable function of adding
to tbe per capita of our circulation, and
the government could take its own time
in canceling them. Besides, they would
bear no interest.
There would be nothing wild or ad
venturous in such a programme. By it
the government would create a great
outlet for our surplus population, would
sensibly increase tbe circulating med
ium and would make money, and a great
■am of money. From the proceeds of
the ealee of these hundreds of millions
of arid lands supplied with a good water
right, a sinking fund could in time be
created that would extinguish the whole
national debt. Iv addition to relieving
the money stringency of our people, the
great west would be divided and started
anew on its glorious productive mission.
There is absolutely no drawback to such
a plan. It ie recommended by every
consideration of both patriotism and ex
pediency. It would make money plenty,
stimulate enterprise and inconceivably
enrich the government and the people.
ANCIENT AND MODERN.
A Sketch of Irrigation History and
Methods From Antlqnlty.
Irrigation ie the watering of lands by
currents distributed over or near the
surface, and also by temporarily flood
ing them. It ie one of the oldest of
arts, waa practiced by the ancient
Egyptians, Arabians, Assyrians, Baby
lonians and Chinese, and baa always
formed a part of the agriculture of the
countries bordering on the Mediterran
ean.
The valley of Mareb in Yemen, Ara
bia, waa irrigated by waters distributed
from a vast reservoir made by a dam
2000 feet long and 120 feet high, con
structed by an Adite monarch of Saba,
probably long before the time of Solo
mon. This dam was built of enormous
blocks of hewn stone, and must have
been a work of no mean engineering
skill, as it stood and restrained the cur
j rent of a large stream of 70 tributaries
for about 200 years, when it burst with
desolating effect.
The canal of the Pharoahs, connecting
ancient Pelusinm with the Red sea, was
constructed for purposes of irrigation.
The plains of Oman in Arabia were
watered by subterranean canals sup
plied by reservoirs in the mountains,
and a vegetation of rare luxuriance, con
sisting of most of the fruits and grains
of Persia and India, is produced in con
sequence. The plains of Assyria and
Babylonia were covered with an im
mense ayatem of canals, some of them
hundreds of miles in length, intended
partly for irrigation and partly for navi
gation ; and their ruins are among the
interesting antiquities of those countries.
Into some of these canals the water was
raised by machines which consisted of
rude buckets worked by oxen, in much
the same manner still practiced on the
banks of the Tigris and Euphrates.
Among the ancient Egyptians irriga
tion waa performed with water flowing
directly from the Nile, or raised out of
it, or, as was often tbe caee, from wells.
The most ancient machine was the
sweep, or bucket suspended from a bal
anced pole, euch as waa generally nsod
many years ago in this country, ana is
still in some parts at the preeent time.
Afterward the chain of DOtB, or sakiyeh,
was used, as it also was bytbeAsr-yrianE
and Babylonians. At present water ie
raised irom the Nile by means of Per
sian wheels, which differ from the chain
of pots by the vessels being hung upon
the periphery of a large wheel, and so
adjusted as to tip over and empty their
contents into a trough when they arrive
at a certain height, instead of being
placed upon an endless chain or rope.
In the agriculture of Italy, France and
Spain, great attention is paid to irriga
tion. The Romans during Beveral cen
turies constructed extensive works,
Which are still in uee. The water is
carried not only over the graßß lands
and rice fields, but between the ridges
in the grain fields and through the vine
yards round the roots of the vines. The
distribution of it is controlled by a regu
lar system. Tbe state itself claims the
waters of all the rivers of Lombardy;
aud in the Venetian territories all the
springs and collections of rain water
belong to th« government.
The use of the waters of the rivers iB
rented out at a certain price by the hour
or half hour, or for bo many daya at cer
tain seasons of the year. Persona are
entitled to make canals through the
lands of others lying between them and
the river, on paying for the damage
thus caused.
The channels for leading tbe water
into the lands and the parallel channels
alternating with them, placed at about
6 inches lower elevation for conveying
the water away, are laid out with great
regularity at distances usually of about
22 feet between them. In summer the
water iB allowed to flow through them
for several hours about once a week, but
the flow is steadily kept up from October
to April, except at tbe time of cutting
the grass.
In Northern Italy lauds that can be
Irrigated, rent for one-third more than
the same class of lands not thus im
proved.
On the American continent the an
cient inhabitants of Peru were found by
their Spanish conquerors in the uae of
the most costly works constructed for
irrigating thoir landß. Preßcott cays:
"Canals aud aqueducts were eeen
crossing the low lauds in all directions
and spreading over the country like a
vast network, diffusing fertility and i
beauty around them." The Aztecs of
Mexico also made uae of similar means
to counteract the natural dryness of
their atmosphere; and in the beautiful
gardens of Iztapalapaii, watered by
cauals and aqueducts, tnd moistened by
tiie spray cf fountains, wae exhibited to
the astonished Spaniards a perfection of
horticulture at that time unknown in
their own country.
Irrigation on a largo ecala and by tho
Italian method was attempted in Eng
land in tbe sixteenth century on the
estate of Babraham in Cambridgeshire;
but the system waa not fairly estab
lished as an important branch of agri
culture until the commencement of ttie
present century. Of late yearß what are
called water meadows have become a
' fcntuj'e iv rui , - of lhe best cul
tivated counties, especially in Wilts,
Devon, Somersetshire and Gloucester,
andalso in the southern part of Scot
land.
Some peculiar methods have been in
troduced, as that of irrigating with cur
rents of liquid manure; and the sewer
age of Edinbnrgh is distributed on the
same principle with the most beneficial
results over the meadows that lie below
the level of the city. The grass grown
upon the meadows thus watered baa to
be cut about once a month from April
to November, and is described aa re
markably tender aud succulent and ad
mirably adapted as a milk-producing
food for cows.
With Borne exceptions tho general
practice is not to leave the water stand
ing upon the lands, but taking it from
a running stream (which should be
tapped if practicable far enough above
the meadow for the water to flow in
from the bottom of the current, where
it is most charged with sediment), it is
conveyed in a main channel around the
further margin of the meadow, and
numerous side branches lead off in
nearly parallel lines into its central por
tions, each tapering to a point.
These are commonly interlocked by
others proceeding in the opposite direc
tion from the main channel, on the
A San Gabriel ralley reservoir and lountain.
lower Bide of its circuit, as it passes
back to the river. The second set, being
at a lower level than the ti rat, serve as
drains, conveying tbe water that over
flows from the first to the main channel,
which in the latter part of its course is
no longer a feeder but a drain.
The water is allowed to flow through
this system as often as required, care
being taken tbat it shall not lie at rest
at any time, the effect of which ia fouud
to be a tendency to cause the growth of
a coarse grass. This method iB called
bed work irrigation, from the gronnd
being laid out in nearly regular beds by
the channels. It is applicable only to
tolerably level land.
By another method called catch
work, irrigation is conveniently applied
to uneven ground. One eet of channels
follow the contour lines of the ground,
each retaining its own level. These are
crossed nearly at right angles by nu
merous other small channels, which
are fed at their upper ends by the main
gutter, and the water ia directed by
stops of clodß of earth into the level
side channels, which are filled as may
be desired.
The laying out of the work and the
mnnngement of the operation, co as to
distribute the water uniformly, in the
proper quantities, and at the right
times, require good judgment, clobo at
tention, and much experience.
The irrigating season in England iB
the colder portion of the year, com
mencing in October and November, and
terminating in Match or April. The
letting the water on or off during frosty
weather iB to be avoided, as a crtfit of
ice may root out the graßß as it thaws.
As nearly as may be, with reference to
thiß danger, the water is allowed to
flow through the channels for two or
three weeks at a time, and iB then
drawn completely off. so that the ground
may become as thoroughly d»y rb poßsi
ble. In this condition it iB left for five
or six days, when if there is no fear of
freezing the operation is repeated; and
bo on through the winter.
When the grass begins to vegetate,
the periods of irrigation should be
shortened, and cease entirely when it ie
sufficiently forward to make good past
ure. The effect of this practice is often
very striking; the graea is brought for
ward very early in the spring. After
feeding off one crop or mowing the graßß,
the land is sometimes again irrigated for
a short time to great advantage. A
second crop is ready to be cut by the
time tbe first has ripened on the dry
meadows. Three oi four crops of graßß
are thus obtained in each Beason.
But tbe perfection of irrigation is when
it iB combined with thorough under
draining. The water flowing in brings
with it in solution and suspension vari
ous mineral and orgunic substances BUit
able for the good of plantfl. By evapora
tion and by various chemical reactions
tbe Boluble ingredient may be Bet free,
when they become entangled with the
other foreign matters in the grass and in
the soil beneath, both of which act aa
filters.
Thus the finely comminuted sedimentß
and the soluble Baits are equally dis
tributed among the rootletß, and these
are refreshed by the new supplies fur
nished by each repetition of the process.
By the drains the excess of moisture
ia soon removed, stagnation, so injurious
to vegetation, is prevented, and the ele
ments tbat feed the plants below the
surface are kept in a similar condition
of healthy renewal with thoae of tbe air
circulating among the branches and
adding to the vegetable growth by
assimilation going on through the
leaves. The benefits derived from the
process vary of course with tbe quality
of the ingredients brought in by the
water, according as these are more or
less suited to the requirements of the
Boil and of the crops.
The hard water, charged with carbon
ate of lime, which it haa gathered in
flowing through a limestone region,
brings a valuable fertilizing ingredient
to silicious Boils deficient in lime; and
the clayey sediment washed out of allu
via) bottoms iB spread with the most
beneficial effect over loose sandy Boils.
Sometimes organic liquid manure, such
aa the drainage of farmyards and teach
ings of compost heaps, are supplied to
the soil by being mingled with the
water used in irrigating; but the princi
pal object of irrigation is to supply
moisture, as it is always easy to add
manure iv a solid form.
Much attention is now given to the
subject of irrigation in that portion of
the United States lying between tho
Mississippi river and the Rocky moun
tains; bo that a vast region, come of
which was long known as the great
American desert, bids fair in time to be
lor the most part brought under fair
cultivation.
The Mormons in Utah by means of
irrigation render their barren country
fertile. The genera) plan with them,
and also in California, is to lead the
water in canals from the rivers or the
mountains, and to allow it to flow over
the fields, either through Bmaii chan
nel" made in the soil or over the even
surface.
LOS ANGELES HERALD: TLIESDAY MORNING OCTOBER 10, 1833.
THE DEVELOPMENT OF WATER.
What Irrigation Has Done in
Southern California.
Some Statistics and Facts Which
Are Instructive.
The Forthcoming; International Irriga
tion Congreaa—The Work Which
Irrigation Ha* Done for
the atate.
The eyes of the arid world arejdi
rected toward Los Angelee at the present
time because of the session of the inter
national irrigation congress, which
meets in this city today.
The first congress of tbe kind wae
held in Salt Lake City in September,
1891, and now the second session is to be
held in this city.
Mr. L. M. Holt, an old-time citizen of
Los Angeles, an acknowledged author
ity on irrigation matters, having re
turned to this city to live after an ab
sence of 13 years in Riverside and San
Bernardino counties, wae found by a
Herald representative in his office, No.
llOVg South Broadway, and, being de
sirous of giving tbe Hbrald readers
some reliable information on the all-
important question now so prominently
before tbe public, the reporter applied
the pumping process with the following
good results:
"Yeß," said Mr. Holt, "I was one of
the California delegates to tbe Salt Lake
irrigation congress in September, 1891,
but took no active part therein, aa I
waa on the verge of a severe attack of
malaria fever, which put me to bed on
my arrival home, and did not feel like
doing anything at that time tbat wae
not neceeßßiy.
"The Salt Lake congress was largely
attended by able representatives from
all the arid states aud territories of the
United States. The representatives at
that time did not come from beyond
our own country. Tbe presidency of
tbat convention waa given to California,
and Hon. C. C. Wright, author of the
Wright irrigation law, was called to pre
side. This was done as a recognition of
the great services rendered thiß Btate
and the irrigation interests of the
country by tbat gentleman. I had the
honor to propose his name for that po
sition in a caucus of the California dele
gation, and it met with a hearty and
unanimous endorsement. ;
"Hon. W. H. Mills, John P. Irish and
M, M. Eatee of this state, were promi
nent among the members of the con
gress and their eloquence and sound
judgment did much to shape the action
of that body.
"The congress wbb composed entirely
of delegates appointed by governors of
the states and territories —each state or
territory being entitled to 30 delegates.
The coming congreaa will have a larger
attendance, as delegates are being re
ceived from counties, agricultural and
horticultural societies, irrigation com
panies and other bodies as well as by
appointment of governors. I think that
under the cal), irrigation districts would
be entitled to representation and tbey
should avail themaelves of that priv
ilege."
"By the way, how are the irrigation
districts of the state getting along?"
"Very well. There are some defects
in the law but these defects are being
remedied at each season of the legisla
ture. One defect is that tbe law does
not provide that the districts eball re
port to anyone—any state officer; hence
no official information concerning them
can he obtained. In 1890 I compiled a
report of the various dietricta in the
state at that time, and that renprt was
placed before the legislatureforlts guid
ance. There bad been 2(> districts or
ganized at that time, covering 1,542,45s 1
acres. Twenty-one of these districts had
voted bonus to the extent of $9,452,000,
and bonds had been sold and traded to
the extent of $1,903,000.
"Last December f compiled another
report for the benefit of the last legisla
ture, and I am now compiling another
report, which will be more complete
than any other ever gotten up, and it
will show a very satisfactory progress
being made in the districts of the state.
This report will appear in the forthcom
ing illustrated irrigation edition of the
Rural Californian, which will be issued
in October, juat prior to the meeting of
the irrigation congress. 1 am engaged
on that edition at the present time, and
am succeeding beyond my most sanguine
expectations in getting irrigation data
from all over Southern California, the
etate at large and Arizona.
"Among other matters I am getting
the data for a table which ehall name
every irrigation system, large or small,
in the counties of Los Angeles, San Ber
nardino, Riveraide, Orange and San
Diego, the number of inches of water in
each system, the number of acres that
can be irrigated and tbe number that
are now actually being irrigated. This
wiil be a most valuable compilation—
one that has never heretofore been at
tempted.
"It eeems strange. Fifteen years ago
our people thought that the limit of ir
rigating arid lands in Southern California
hod been very nearly reached. We are
today irrigating 10 times ac much land
ac we irrigated then, and there is water
in eight in some of the counties to irri
gate 10 times as much land as ia being
irrigated now. San Bernardino county,
for instance, is irrigating at present
sonietking over 40,000 acres of laud, and
when ita systems are fully util
ized and the reservoir systems now
outlined are completed, the capacity
to irrigate will be over 10 times tbe areu
under water now. If 40,000 acres of ir
rigated lands produce $20,000,000 of
aBBe--Bed wealth, what will 400,000 acres
produce?"
" 'Prospects for Btorage water.' did
you Bay '! 1 havo always been consid
ered a few years ahead of the timee, but
_ I am willing to put myeolf on record and
take the chances of being right or
wrong.
"Southern California has but just
begun to develop. The horizen of de
velopment is broader today than it was
15 years ago. Then we thought the
limit was almost reached; now we know
it is not.
"Tbe future development of wealth in
Southern California lies in storage reser
voirs. Thia haa been amply illustrated.
In tbe first place the man who puts
money into storage reservoirs makes
money at a rate tbat is more than satis
factory, and the man who owns the land
to be irrigated makes more money than
the man who furniahea the water. For
inatance, tbe Bear Valley reservoir waa
built in 1884. The original stockholders
put in $150,000. They then drew out in
water dividends $540,000. Three years
ago they reorganized tbe company and
put in $200,000 more, and then tne face
value of their stock amounted to $2,400,
--000. Two years ago alO per cent divi
dend on that stock was paid amounting
to $250,000. One year ago another simi
lar dividend waa paid, and thia laat May
another dividend of 15 per cent waa
paid, amounting to $360,000—a total of
$1,380,000 in dividends on an invest
ment of $350,000."
"Bnt what about the land irrigated?"
asked the reporter.
"Why, tbe Aleaaandro tract was
bonght three yeara ago for an average of
$18 an acre, and today it sella for $100
an acre and npward, and during the
three eeasona 5000 acree have been
placed nnder irrigation, while 1200 acrea
more have met the same fate in the
Perris district, irrigated from the same
source.
"Col. E. L. Mayberry and his associ
ates are doing a similar work at the
Hemet reservoir for the celebrated
Hemet tract near San Jacinto.
"The Sweetwater reservoir is making
a paradise along the bay front below
National City, where a few years ago
the land was practically worthless for
want of water. And there ia aolid
wealth in that paradise, too.
"Then there ia the Linda Vista irriga
tion diatrict, which is contracting for a
eupply of water to irrigate another large
tract of land this Bide of San Diego.
"The Jamacba district in San Diego
county hae also contracted with the Mt.
Tecarto Watercomoany to build another
reservoir that wili add mi'liona of wealth
to the back country of tbe City on the
Bay.
"In San Bernardino county the Arrow
head company are at work on a system
of reeervoirsthat will furnish 7500 inches
of water to irrigate 60,000 of land, more
land than there ia under actual irriga
tion today in either San Bernardino or
Riverside counties.
"Then there is the Victor reßervoir
company, which iB larger than any other
south of Tehachepi. It will irrigate over
200,000 acree of land with a dam 150 feet
high, or 350,000 acrea with a dam 175
feet high. Tbe 150 foot dam will supply
the water to irrigate more land than
there is irrigated today south of tbe
Tehachepi pass.
"These are startling figures; our peo
ple will fail to grasp them at first, but
tbey are true, aud these irrigatiou wonts
are being built, whether we coin our
silver into legal tender dollars or melt it
up and cast it into cooking Btoves.
"Then there ia the Colorado River Ir
rigation company, which will Boon
commence work to divert a portion of
the Colorado river out upon the Colo
rado desert, through a canal 118 feet
wide on the bottom aud 14 feet deep,
carrying 3600 cubic feet of water per
second, or 175,000 i .ches of water —
enough water to irrigate 1,750,000 acres
of laud on a basis of mn inch to 10
acres, or less land if more water iB used
to the acre.
"Southern California is considered the
tail of the California dog, but if our
present development and grow th keeps
up al the preeent rate, it wfll he but a
few yeara belore the tail will wag the
dog in a very vigorous manner.
"Since 1880 Southern California has
increased in population at a wonderful
ra - e. Then it had 04.378 Inhabitant*,
but now. 13 years later, it has a popula
tion of 242,618, During this same period
of 18 years, 80 oi the 46 counties north
of the Tehachepi have gained iv popula
tion only 68. while the estimated de
crease intha popututior.of San Francisco
in trie past three yenra haa been over
18 Out).
"Central and Southern California are
being saved from decay aud dry rot by
irrigation In bohio localities, for the Sari
Joaquin valley is actually makiog a vig
orous growth under the Stimulating ef
fects oi watet for irrigation only."
STATE DIVISION THE ONLY REMEDY.
No Favors from KortßorQ California iv
Irrigation,
The Herald calleu attention to tiie
crude condition of the water laws of
California. Tbe fact is, the matter has
never been fully considered in all of its
different aspects. No better opportunity
i has ever been afforded to thoroughly diß
cuss the question thuu at the irrigation
congress.
The first legislature which met at San
Jose in December, 1849, unfortunately
for Southern California, adopted the
common law. Far better would it have
been for ua if the civil law had been
adopted as the rule of action in thia
state, as long as Southern California was
forcibly incorporated into, and in the
same manner kept under Northern Cali
fornia rule.
The principal reason which led to the
adoption oi the common iaw was that all
the argonauts lawyers were already
familiar with its principles, and that if
the civil law wero adopted they would
have to unlearn their practice aud begin
again with unfamiliar forms.
There were many gocd, strong and
clear reasons why preference ahould
have been given the civil law. No ono
who will read the debates of the first
legislature can doubt tbe truth of this
proposition. The civil law is codified,
and comes down as the experience of
the highest civilized nation which ever
existed and whose government atone
period ruled tbe whole known world. It
is the result of the higheat civilized in
telligence. It is the mental product
after all processes have been arranged,
classified, analyzed and digested. It is
the most perfect system of law ever de
signed, eclipsing in its justice and mercy
tbe famed Mosaic ethics of an alleged
greater antiquity.
On the other hand the common law is
a kind of a go-as-you-please proposition.
It claims to be the perfection of human
reason, and lays down the principle that
the law ceases when the reason for its
existence exists no longer.
Tbe common law mainly consists of a
lot of English parliamentary enactments
and court derisions, bound nearly to
death with red tape end other forms. It
rests upon no written constitution. It
is ill-arranged, unclassified, almost in
capable of analysis and nearly so of di
gestion. It is a very creditable legal
system, considering tbe semi-barbaric
people from which it sprung.
Louisiana ie one of the few, if not the
only one, of the states in which the civil
law prevails. Ail the older states were
burdened with a common law, and a
common law it is when compared with
the civil.
The common law recognizes riparian
(that is, baijk) rights. Patrick Hamil
ton, author of a book on irrigation,
says:
"Suppose a man owns land on both
sides of a stream at its mouth. Under
the application of the law of riparian
(bank) righta he would be entitled to
receive the entire volume of water in the
stream, undiminished in quantity and
unimpaired in quality."
Such a law, of course, ebuts out all ir
rigation by those above tbe man who
lives at the mouth of the stream. Not
so with the oivil law. Written and cod
ified by those old nations of tbe great
arid belts of the world, it recognizes and
provides for irrigation righta. Under
the civil law grew up some of the grand
est civilizations of the old world. Irri
gation was the foundation of their
polity.
But the state constitution, whicb had
been ratified in November, 1849, aaid
that all laws then in force consistent
with itaelf ahould remain binding until
repealed by the legislature. Although
that body adopted tbe common law in
several Instances, it adopted the civil
law. Thus the city of Los Angelea was
invested with the same power and con
trol over the distribution of water for
the purposes of irrigation as was pos
sessed by the old pueblo. Here com
menced a mixture of these two great
legal systems.
In 1872 the legislature passed an act
to promote irrigation. The same year
the statutes were codified on the civil
law plan, and in went section 1422 of the
code of civil procedure: "Tho righta of
riparian [bank] proprietors are not af
fected by this title. [Title Vill on
water rights.]"
Their came the illogical supreme court
decision in 1884 sustaining riparian
rights. Then the legielature repealed
section 1422, and left 1410, which reads:
"The right to the use ot running water
in a river or stream or down a carton or
ravine may be acquired by appropria
tion." Then came the Wright irriga
tion districts with power of eminent do
main to destroy riparian right. The
Wright law is only a cop. California
haa certainly-been cursed with a lot of
asinine legislators and judges.
lhe pitiful decision of the supreme
court for riparian rights was founded on
the now repealed section 1422. They
further alleged there muat be riparian
of bank rights on Kern river because it
had no pueblo!
In 1880 Lieutenant-Governor John
Mansfield endeavored to get a law
passed dividing the state into two dis
tricts, namely Northern and Southern
California. The bill provided that on
irrigation matters Northern California
should be goverened by tbe common
law and Southern California by the
civil law. This wis a common sense
proposition, aa tbe heavy rainfall renders
riparian rights just in that section,
while in Southern California, on ac
count of the lighter rainfall, they are
manifestly unjust. The measure met
with au overwhelming defeat.
Northern California haa proven by
her persistent opposition for over 40
years that ahe never will consent to the
enactment of a fair irrigation law.
Southern California cannot exist with
out irrigation. This being the fact, the
only remedy for Southern California
is to get the state divided and thua
obtain the privilege to make ber own
laws. Then, and not till then, can
this section get justice in matters of ir
rigation.
IRRIGATION LAWS OF ARIZONA.
A Historical Sketch of Water Leglala
tlon In the Sun-Kissed Lsn<l.
J!v Hon. C. C. Stephens, ex-Member ol Council,
Thirteenth Legislature.
On the 26th day ot September, 1864,
the first legislature of Arizona assem
bled at Prescott, and after some pre
liminary work on the 4th day of October
following tbe legislature adopted a bill
of righ's, the equivalent of a state con
stitution, wherein it was declared in the
221 article thereof, that "all streams,
lakes and ponds of water capable of
being used for the purposes of naviga
tion or irrigatiou, are hereby declared
to be public property, and no individual
or corporation shall have the right to
appropriate them exclusively, except
under euch equitable regulations aud
restrictions ac the legislature ehall pro
vide for that purpose."
At th it time there were irrigating
ditches ia the southern part of the ter
ritory being managed under the equi
table Spanish-.'iexiean laws, their con
struction dating from prebietoric times,
and which had been in use by the
Spanish pioneer settlers for more than
100 yeare, notably those in the valley of
the Santa Onr/. river at Tucaon.
At the same session of the legislature,
November 10, 1864, a code was adopted
and named from Its author, Hon. Wil
liam S. Howell,aeacciate justice of the ter
torial supreme court, the Howell code,
and the fifty-fifth chapter is entitled "Of
acequiaa or irrigating canals." It con
sists of 28 sections, and provides that all
rivers, creeks and streams of running
water in tho territory are public and
applicable to the purposes of irrigation
and mining. It further providee, among
other matters, for public and private
acequias analogous to the common sys
tem of public and private roads, and
were to be constructed and maintaiued
in a corresponding manner. No dam
ages were payable for running the pub
lic acequia through private landa if those
lands were benefited therefrom. In times
of scarcity of water, the proprietors hav
ing the oldest title to the lands had the
precedence in right of using the water.
A water overseer wae provided for, to
see to keeping the ditches in repair, and
the impartial and proper distribution of
the water. All disputes concerning the
ditches, the use of the w.Uer, etc., were
aummarily disposed of by tbe alcalde or
justice of the peace, right of appeal from
his decision being allowed; though to
the honor of the alcaldes it must be said
that such was the natural equity of their
decisions that appeals wero almost un
known. Thiß chapter ii substantially a
re-enactment of the Spanieh-Mexican
rules and regulations in force prior
thereto.
Chapter 61 of aaid code, section 7,
also provided that the common law of
England, bo far far as it was not. repug
nant to or inconsistent with the consti
tution and laws oi the United States, or
the bill of rigiua, or tbe laws of our tei
ritory, ie hereby adopted, and Bhall be
the rule of decision in all the courts o'
this territory.
Some minor and unimportant amend
ments to thia act were made by tbe
legislature ot 1887, but no impairmeut
or change of ita general scope of proced
ure wad attempted.
In the legislature (13th) of 1885 there
was come minor legislation in relation
to regulating unincorporated acequias
on the south side of Salt river, in Mari
copa county, providing for inflicting
penalties for refusing to woik on the
acequiae, making the work dune in each
caae a lien on the land of the peraon ao
lefaeing, giving ju&ticea' court* juriedic
tion of ouch matters, in which judgment
could be taken end execution issued
upon the foreclosure of the liens. The
using of water without the proper gates
or impeding its flow were declared mis
demeanors.
In October, 1881, strangely misinter
preting the spirit of section 4403 of the
political code of the state ot California
in relation to the common law, which
section is identical in language with the
Arizona bill of rights hereinabove re
ferred to, a bare majority of the supreme
court of California decided substantially
in Lux vs. Haggin that under the com
mon law as applicable in Caliiornia a
riparian proprietor is entitled to have
all the water of the stream flowing by
bis land to flow undeteriorated in qual
ity and undiminished in quantity, for
getting that England was a drainage
and not an irrigating country, and that
these very principles of the common
law were involved in that decision. On
the contrary in India, under English
educated common law, lawyers and
judges had created and maintained the
grandest irrigation undertakings of the
age. No greater or more indefensible
misconception of the English common
law stands of record in any land or by
any court than this decision,and its far
reaching, disastrous consequences will
be felt in Southern California long after
the judges who rendered it are dead and
deservedly forgotten.
Section of Hear ralley dam.
In January. 18S5, the thirteenth legis
lature of Arizona convened at Prescott,
and the writer of this article was a mem
ber of tbe upper house, elected from the
five southern counties of Arizona. Fore
seeing the disastrous effects upon tue
busy infant commonwealth of Arizona if
the false and pernicious doctrines an
nounced in Lux va. Haggin should be
come planted in ita jurisprudence, be
immediately introdnced an act in tbat
legislature which in due courae became
the law and reads aa follows:
No. 68. —An act to amend section 7,
chapter 61 ot the compiled laws of Ari
zona.
Be it enacted by the legislative as
sembly of the territory of Arizona:
Section 1. Tbat eection 7of chapter
61 of the compiled laws of Arizona ia
hereby amended to read as follows:
The common law of England, so far as it
is consistent with and adapted to tbe
natural and physical condition of this
territory and tbe necessities of the
people thereof, and not repugnant to or
inconsistent with the constitution and
by-laws of tbe United States or bill of
rights or laws of this territory or the es
tablished customs of the people of this
territory,' is hereby adopted and shall
be tbe rule of decision in all tbe courts
of this territory.
The second eection provided for the
repeal of all acts in conflict, and tbe
third section put the act in force imme
diately.
In the revision of the territorial laws
in 1887 this section, as amended in 1885,
is retained, and it is now of the organic
law of the territory.
The legislature of 1893 parsed two
minor acta concerning irrigating waters
(session laws, pages 135—149}. The
first act relates to the appropriation of
water and the construction and main
tenance of dams, reservoirs and canals,
and a proper record of appropriations
and titles, and tho eecond act is in rela
tion to regulating canals and ditches
built and maintained lor the purpose of
conveying water to consumers for hire.
The provisions of theee nets ore few,
simple, easily understood und nut oner
ous, and are mostly matters of detail
in the construction aud main eunnce of
such ditch:>B. Freed from the threat
ened dangers of the dangeunis princi
ples laid down in Lux vs. Haggin, aud
unburdened by any impracticable, top
heavy, unsaleable, hand-ridden Onli:or
nia Wrights act, and stimulated by
wise and appropriate,, legislation, the
initiation, growth aud expansion of irri
gating enterprises in Southern Arhona
iv the last few years are almost beyond
belief. Hundreds of thousands of acres
of us fertile hind as the delta of the
Nile, and in the most genial, health
giving and enloyabie climate, in North
America, aro tinder the ditches of the
Salt river, Santa Cruz river and (iila
river and the Colorado river valleys.
The prehistoric ditches which ages be
fore Caluja de Vaca and hia companions
tramped their weary way over
towards Culiacar, in the early part of
the sixteenth century, supplied the plain
and the great city of the Casa Grande
with water, haa been again re-opened
and tbe desert plain is again bloasoming
as the rose; and amid the ruins of the
dead city the laugh of children in place
of the yelp of tue coyote is now heard,
and old men are n jw living who will see
in those once desert valleys a million
people dwelling in their happy homes,
having an abundance of all the good
things of this life, wishing for no other
home and envying the possessions of
no other people on me earth.
F. W. BRAU.-l & CO.
Tho YuuuKisnt und l.urgoat Drag Firm on
111,, Cunt.
Among the more energetic wholesale
drug hVU:ea in California few stand
higher than the firm of F. W. Braun &
Co., the yoongjat and latest establish
ment of this kind on the Pacific coast.
Their business covers a large territory,
extending into New Mexico, Arizona
and in California from Freano south into
Lower California.
Messrs. Braun & Co. are large buyers
from the head centers of supply in the
various markers of the worid and are
direct importers of a great number ol
articles in their line which aro produced
in foreign countries.
A visit to their large and commodious
warehouses, 401 and 407 North Main
Btreet, would give but a slight idea of the
value of the large and varied stock, which
is entirely complete in all its depart
ments.
The firm comprises Frederick VT.
Braun, Q, K. Fiulay and L. N. Brun
ling.
A SAFE BANKING INSTITUTION.
The Los Angeles National
Bank.
A Great Concern Which Successfully
Stood the Financial Pressure.
IM Deposits Dopoaltora—•toekhold
en Wtn *« M«nlH«il wltb Maaj
of the Solid Inatltntlona of
Southern California.
Probably no bank in the United States
can point with aa much pride to un
pleasant calls aa can the Loa Angelea
National bank ol thia city. The manner
in which they withatood the preaaure
brought to bear on them during the late
financial trouble ia Indeed a marvel, tor
it waa openly etated by many leading
business men that few banka in the atate
cuuld have withstood euch a pronounced
run at that time without surrendering.
It waa an experience tbat waa unprece
dented in the biatory of the city, but ita
officers stood like adamant and met
every onslaught with a pleaaant greet
ing externally, while at the same time
their heads and hearts aohed. They
were among tbe first to experience tbe
result of tbe fright which bad taken pos
session of tbe people, who had seemingly
ruH mad without cause. Depositors
crowded about tbe doors, clamoring for
their money, as if tbey feared tbat
their life depended upon reaching
the teller's window. In every case they
were met at tbe door by the president
and given tbe assurance that their
money wae safe, aa indeed it was. In
four daya' time ohecka were honored to
the amount of 60 per cent of the demand
deposits, and when the people had col
lected their senses tbe fact tbat the
bank was truly moat solvent was proven
beyond tbe peradventure of a doubt.
After quiet had been restored Major
George U. Bonebrake, the president,
told a Hekald reporter that no money
could induce him to undergo such a
strain again, but the major still remains
at the helm, and the public have demon
etrated to him that they have confidence
ia his management by increasing tbe
patronage of the hank, in connection
with this it may be etated tbat tbe other
officers and directore of the bank proved
to be able aupporta and a etrong help
during those timea of trouble, and to the
cool heads and clear foresight of these
gentlemen can be attriboted tbe fact
that the bank waa able to withstand tbe
pressure and keep ita doors open. The
stockholders endorsed their every act,
and the public offered their con
gratulations when quiet waa reetored
with a heartiness that waa merited.
The buainess of the bank waa never in
a more prosperous condition than it ia
at tbe present time. Tbe deposits
amount to about $750,000, and among
its depceitora will be found many of the
leading business men and corporations
doing business in this section of the
country, eeveral of which came to the
bank and opened accounts after tbey
had seen how cooly its management was
conducted during the honrs of adversity.
The capital stock of tbe bank is $600,
--000, with a surplus of $65,000. In addi
tion to this surplus the bank showa
sufficient earninge to pay a semi-annual
dividend of 4 per cent, which it haa al
ways done since the bank waa incorpo
rated, 10 yeara ago.
"In timea of peace prepare for war" la
an old adnge, and it seems as if it waa
a predominant trait with the officers of
this institution
The old c i'itl.lence baa been restored
and many n! ( i'.e customers who have
had their money bidden away in vaults
nre n Minn.;/ and asking to open their
acronn c agr-.in.
Conservatism is a leading factor in
the transaction of bueinesa, and aa
those connected with the bank are men
who ere thoroughly informed in and
a- out Los Angelee, they are able to
place their loans with every degree of
Mfatv.
Us stockholders are identified with
nvanv of the solid institutions of South
ern California, and have done much in
aiding and abetting every sound project
that has c- er been brought forward for
tb>> purpose of advancing public enter
prise.
The hank is located in its own build
ing, which ia situated at the northeast
corner of First and Spring streets, a
valuable piece of property, inasmuch aa
it ia the most prominent corner in the
City of the Angtls.
B. SENS & SON.
A Bolaet and First-Class Merouuit
Tailoring Kat'ibllaiinMnt.
The merchant tailoring' establishment
of H. Sens & Hon is one of the finest and
most comprehensive on the Pacific coast,
and the tirm has more than earned the
distinction of being one of tbe most re
liable in the etate of California. Their
fine tailoring stock is alt brand new,
every conceivable fabric that the loObus
produce being found upon tbe tables, iv
their store, which is one of the beat
adapted, in light and general acquire
ments, for a first-class tailoring busi
ness. Messrs. 15. Bene & Son always
guarantee a perfect fit, all work being
done under the personal supervision ot
B. Sens, the senior of the firm, who has
bad many years' experience in tbe in
tricate art of cutting and fitting, and
every garment is cut in the latest style.
All the stock embraces the newest pat
terns and weaves in all the shades of tbe
season in first-class goods, such as would
guarantee such a reliable firm the pat
ronage of the most fastidious! Messrs.
B. Sens & Son are located at 208 South
Broadway (near the?' California Bank
building), Los Angelee*
State Loan and Trust Company.
The State Loan and Trust company is
one of the substantial institutions of
California. It has an authorized capital
of $1,000,000, of which $750,000 is pant
up. Some of the wealthiest men in
Los Angeles and Southern California..- •
among its stockholders, who are liable
for $1,300,000 in addition to the $700 -
000 paid up. Tl,it fact bad a material
effect, which was demonstrated during
the recent panic, us there was scarcely
an unusual ripple noticeable with them
during the entire excitement which pre
vailed at the time throughout the city.
Their business in that oi general bank
ing and loans, und their directors are
considered most conservative. The ol
licers are as follows : President. Dr. VV.
G. Cochran; vice president, H.J. Wool
lacott; secretary, James F. I'owell.
Aptlluny m.in .
The above named gentleman ie a lead
ing member of the Ticket Brokers' aeso
olation, and ie alao a notary public. He
sells railroad tickets lo all points at re
duced ratee. and his nlace of hnsinn«H.
corner Spring and Market Btreetß, Tem
ple Block, is open every evening until
10 o'clock.
