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r ; FOSTER'S PATENT HOOK GLOVES AT 75 CENTS PER PAIR. _f
l/CREDITORS' SALE! |
§2 MONEY T \ I
5m | The industrial condition of America is anything but prosperous. Values Lave been m _
S ' shaken. "Uncertain legislation" is to some extent responsible. People who have money ; '
■y— ; are holding it tightly, and must be satisfied thoroughly that they are getting more than Z^m
f 2 value received when they part with the precious stuff. This is human nature. Herein *
U/ Los Angeles at the present time can be seen the practical demonstration. The tJJ
I > CITY OF PARIS DRY GOODS STORE 51
IS THE PLACE. H
H The creditors of this establishment have been and are sacrificing every dollar's "~j
£ worth of goods in order to get the CASH. Actual values and cost of goods are disregarded
g ~£ — it is not a question of making money, or even expenses. The only consideration is to T '"^S,
_ realize "money and close out the business. This MUST and WILL BE done. The public ~~ —age
(J ran get more value for their $ $ $ at this great Creditors' Sale than anywhere else on the Q
q Pacific Coast. q —, &
|S CHRISTMAS! *§
F™ Is coming, and Santa Clans will soon be knocking upon the chimney tops. The hearts of \~ —2
~- • A £ both the young and the aid are to be made happy. Now is the time to be looking up pres- (*\
X ents. Therefore, remember that you can get more for your money at the City of Paris Cred- —-ty
itors' Sale than elsewhere. You can SAVE MONEY— at least from 40 to 75 per cent —aud | \
|TJ I at the same time get choice, first-class, reliable, new and seasonable goods for less than is I [Tl —^
. I charged elsewhere for "shelf-worn auction trash," that has been picked up here and there.
i $ Commencing Monday, December 4th, j $ f
*n| I And continuing until Christmas, special efforts will be made in the Silk Department. The
Q| a stock is complete in fancy and plain weaves, «nd all imaginable shades. Prices have been Q] • ■<>
reduced to aud below manufacturers' cost. Window displays will be made during the week, ,gf
showing qualities, shades and prices of but a small portion of this complete and magnificent } r\
«3> — U s stock. Please remember that the prices and reductions are not merely foi the goods in the jj \)
pj windows, but for everything in the entire stock. It is not necessary to enumerate every ( rT|
— ' article carried in the .
§» CITY OF PARIS j|
| 3 DRY GOODS STORE. g 1
J As the Stock is Complete in Every Department, and from 40 to 75 |
—' I Per Cent Will be Saved by Purchasing Now, and Here. 1 —
1 T CHAS. MUNTER, | T I
MANAGER. t
VJIVd H3d SIN3O 9i IV S3A0 TO WOU IN3.D d 5.H31503 j2
SOME INTERESTING WATER LAW.
Judge Van Dyfee* Opinion in
the Crystal SprtLttV Case.
The Question of Percolating- Water
Fully Defined.
The City Loses Bat Claims to Be Satis
lied With the Result-A Mew Suit
Granted - No .adverse
Ownership.
In tbe case of the City vs. Crystal
Springe Land and Water company,
Judgte Van Dyke yeeterday rendered a
decision granting the motion of the de
fendants for non-suit.
Although a victory for the Crystal
Springe company, the decision, it is
eaid, ie aleo eatiefactory to the city.
The city being nndecided ac to whether
or not tne defenuante were using the
water running iv the city pipee, and
fearing that, they were doing co, the
company might claim ownerehip of the
water by right of adverse poeeeeeion,
brought suit to enjoin them.
Tbe defendants pleaded that tbey
never bad, and never intended to nee
the aforeeaid water, and upon theee
grouude Judge Van Dyke granted the
motion for non-suit.
The decieion was as follows:
On this motion for a non-suit a great
many questions have been presented
and very ably argued, both by counsel
on bebalf of tbe defense and by the city
attorney in resisting it. The latter
officer, I feel bound to say, haß mani
fested a great deal of zeal aud industry
In presenting the caee on behalf of the
city. It may be neceesary and proper
for the court to notice theae various
matters thus presented, in order that
misapprehension in reference to the
views of the court may not arise.
In the early history of this etate the
tribunate were called upon to consider
tbe character, righte and privilegee of
tbe Spanish pueblos. In tbe scheme of
colonization the pueblos occupied a
very prominent and conspicuous place,
as wiil appear from the laws and regula
tione of Spain on the eubject. It wae
the policy of Spain, ac indicated in
these lawe and regulation, to induce the
Bettlere to congregate in communities,
the better for tbeir own protection as
well as to encourage the growth of
fruits, vegetablea and farm products.
It will be aeen in referring to the laws
and regulations in question that it was
pointed out to the officials in founding
tha pueblos to have a care to locate
them in healthful places, near running
fresh water and a good Boil. The Span
ish governor sent here to auperintend
tbe founding of thiß territory reportea
to the Spanish viceroy, iv accordance
with these laws and regulation, that lie
had found in this territory two very
ptiitable places at which to found pueb
lot —one on the Ouadalupe river, on
which afterwards, in 1777, the
town or pueblo of San Jose
fuunded, and one on thie riv
er, which then went by a
different name. The town or pueblo of
Los Angeles wae founded in 1871 under
tbe direct eupervieion of the governor of
the territory, and then the name of the
river waa changed to bear tbe name of
the town. By the laws and regulations
of Spain pueblos could grow or sprint
up by themselves by the collection and
settlement of a number of people for
that purpose, and then tbey were en
dowed with certain rights and privileges
according to those laws and regulations;
but this pueblo, as remarked, was
founded by direct action of the territori
al governor and at the point previously
recommended by him.
It waa founded aome 10 years after the
first exploration of the country by the
Spaniards, and over 10 yeara after the
flrat party passed by this location and
hadenuomped upon the site, which was
in 1769, the pueblo being founded in
1781. So that the Spaniards hud tied
an opportunity within that time m
which to explore tee country and ascer
tain the most suitable place at which to
found a pueblo, and the governor, aa
stated, reported that it was the heat
place in this region for the location of a
pueblo. it was evidently located here
on the river for the purpose of being
auppiied with water therefrom. The;
ascertained, doubtless, that this river
possessed tbe character of being perpet
ual iv ita flow of water; that ia, that it
had ita origin, aa ban been developed
here by the testimony, by means of
springe and subterranean channels, and
contained water during tbe dry season,
bo that the little colony founded upon
ita banks would not be left to famish
during these long periods of lack of rain.
It haa been held in thia etate, aa re
marked before, from quite an early
period, and repeated in variouß decisions
in etate courts as well aa in the United
States court, that these pueblos possess
or enjoy a certain right to tbe laud
within the limits of the pueblo and also
to tne water necessary for the use of the
inhabitants, and that they bad a para
mount and superior right to thia use oi
the water, whether arising from springs
or flowing in rivera; that the righta of
those settling outside of these pueblos
were subject in this respect to this com
munal or municipal right of the pueblo.
It was held in these early cases, and it
has been uniformly so considered that
aa to the landa they were held in trust
by the pueblos, a public trust, subject
to tbe regulation of tbe government, and
that after to the change of flag and after
the organization of thie atate these pub
lic truata were eubject to the regulation
of tbe state legislature. My opinion ie
that the same may be said of the right
to the water. A great deal haß been
said here in reference to the nature of
that right, whether it be ownership or
the corpus of the water or merely the
right to use what may be necessary. I
am of the opinion that the right to the
use and control of water for the pueblo
iB the same ac the right over the
land within the pueblo, and
the Spanish laws and regulations
show that this right to the use and con
trol of the water reached outside of the
limits of the pueblo, in so far as it was
necessary to control the use of the
water within and for tbe benefit of the
inhabitante of the pueblo. That right,
I think, ia a perpetual easement, as one
might Bay, in the nature of a right in
trust in the pneblo to the controlling
use of all the water, subject tv the sov
ereign power of the Btate in like manner
as in case of tbe pueblo lands; and I
am borne out in this vitw of the case by
tbe legislation of this atate in reference
to thin city and the control by the came
of tbe waters of tbe Los Angeles river.
It has been intimated that this right
held by the ancient pueblo could only
extend to tbe uee of so much water ac
was neceeeary for it when founaed. I
think thie ie entirely erroneoae. This
LOS ANGELES HERALD- THURSDAY MORNING, DECEMBER 7. 1803.
pneblo w»* founded by a few fainiliea
brought here for that purpose. I', would
be foilv to suppof-e that lbs Spaniards
who founded this town did not contem
plate that there wou'd bo more of a
population than wbea inaugurated. In
tbeir wildest dreams they may not have
contemplated such a city as we see here
today, but they evidently contemplated
that it would grow and foster and con
sequently increase in population and
that the demand for the use of the water
would correspondingly increase. The
right, therefore to the use of the watsr
in tho river wbb co-ezteneive with the
wants of the prospective town or city.
In other words, tbe wants of tbe town
then and thereafter were considered first
aud paramount as far as the water of the
river was concerned.
And what do we understand by tbe
waters of the river ? After we have ar
rived at the conclusion that tbe town,
and its successor tbe city, possesses the
right to the use of the watera of the
river paramount to others, what then it
meant by waters of the riverT A
great deal has been aaid here in refer
ence to percolating waters, and a great
deal of law has been submitted in refer
ence to percolating water. This ques
tion waß before this department of the
court not long since in another case. I
had occasion then to consider the mat
ter pretty thoroughly and arrived at a
conclusion that I see no occasion to
change. The circumstances under
which we find the rivers in Southern
California, in fact, it may be aaid the
name in reference to all tbe arid regions
of the United Statea, is somewhat dif
ferent from the rivers east of tbe Mis
sissippi river and in Europe, where they
are generally streams flowing in well
defined channels and supported by a
bed or bottom that will hold water, so
that the water is above the surface of
the earth within the banks of the river.
In the arid portions oi California and
tbe territories the rivers have their
feeders in the high mountains, and in
time of storms which are eemi-tropic in
their character, the water for abort pe
riods tears down the aides of the moun
tains, grinding and pulverizing even the
granite into gravel and sand wbica, car
ried down with the water, makes beds
for tneae streams, in some instances 50
and 100 feet in depth, so that after
the violence of the storm subsides,
in many caaea tbe rivers and
streams, or the waters in them, disap
pear from the surface and are carried
beneath through this sediment o< sand
and gravel. Now, ia this water which
flows beneath the sarface in these chan
nels filled up with this debris any leas
the waters of the river? It seems to me
they are not. Our rivers in that respect
might be likened to a large flume with
depressions and rises in it bottom, cor
responding to the inequalities aa to sand
and bedrock bottom over which these
natural rivers flow. Suppose then we
take that flume and fill it with gravel or
aand and put through tbe flame only
uufflcient to fiil that body ol eaud and
gravel; it rune down within the flume
through that sand and gravel and iv
the hollows or depressions of the flume
it Binks deeper and then rises to pass
over the ridges or rifli.-a in the bottom
of the flume, bringing it up nearer the
surface, the eauie ab we witness in many
of our streams. Yet, in both cases, it ia
the came body of water flowing down
through the aand or above tbe aand.
Now, ia it not a diveraion of the river to
take tbe water from that Band in the
bed of the river, although it may not be
taken from the flow on the surface ? My
op nion ie that it ie, and I ao held in tbe
cate alriady referred tc—that the water
'be'tongs to the river just ac much aB if
tbe eand had all been cleaned out and
the water allowed to appear aLove the
, surlae-
Otherwise we have a very Blender
right of property in waters in ffliese arid
regions, because we all know mat the
greater body of the water very frequently
runs beneath the surface within the
channel of these rivers, and if the water
ceuld be tapped beneath the surface and
all drained out up to the surface, in
many cases it would take all tbe water
which flows down the Btreams, I think,
therefore, that that class of percolation
or moving water within the channel in
the bed of the river mußt be withdrawn
from what is considered percolating
water in the sense that you rind it in
tbe books. I thins- that what, is meant
by percolating water as yon find it in
the books and decisions is the water that
percolatesor trickles through the natural
coil of the hill that has not been depos
ited in the way of a river bed; but I
think after tbe water percolates through
this natural soil and gets to a stream
and followe down that stream, either ou
top of the eand or beneath the sand,
that it ie then all a part of the etream.
We come now directly to this action.
It ie brought for the purpose of restrain
ing the continuance of an alleged ties
pass or wrongful taking of tbe water by
the defendant, alleged to .belong to the
plaintiff. It is not in the nature of an
action to quiet title in which the title of
the plaintiff is alleged, and aho an alle
gation that the defendant claims some
adverse title, but it is stated that the
defendant has no right totakethewater,
yet doee take the water wrongfully.
The city contracted with certain par
ties in 1868 to distribute the water
through the city, instead of doing that
work itself. These parties then Organ
ized a company and assigned this con
tract to that company—the City Water
company—and that company continued
under the contract for taking and dis
tributing the water that the city, aB suc
cessor to the pueblo, might have done.
That contract or lease haa been recog
nizep by tbe legislature, however, as
heihg proper. The city, therefore, doea
this work through these parties, or com
pany, by this contract.
Some years after, in 1886, tbe stock
holders in the City Water company or
ganized a new company, called tbe
Crystal Springe company, or thia de
fendant, taking stock in it in the aame
proportion ac they had in tbe other,
and celling certain lands and rights of
way to that company, the defendant,
and that company hae put down pipee
on that land through which water is
now taken. Why was this new cempany
organized We have bad come brilliant
examples of corporation jugglery, aa it
might be termed, in thia atate, and per
haps the city authoritiee suspected that
there might be something in that line
in the organization of thia new com
pany ; that it wae designed by thie new
company to perfect a system of its own,
which, at tbe expiration of the lease
which had been assigned to the City
Water company, could be eet up in
hostility to tbe lights oi the city. The
city attorney hae evidently imbibed
that suspicion on the party of tbe other
city officials, and hae displayed a
great deal of ekill and ability on
behalf of the city to try and head off any
injury that might result to tbe city from
that fact; but inasmuch aa the direct
ieeue made on the part of the defendant
i- that it doea not take tbe water from
the Loa Angeles rivor, and inasmuch aa
tbe teatimony already ia shows without
conflict that tbe defendant corporation
doee not take tbe water, how can thie
action be maintained? This action al
• leges a wrong and a trespass in the tak
i ing of tbe citj's water and asks that the
continuation of that wrongful trespass
may be restrained. The answer is that
the defendant does not commit tbe
wrong, is not committing the wrong,
and tne testimony without conflict sup
ports its contention. Tho court does
not agree, however, with the city at
torney in tbe view that any right can
accrue on the part of tbe defendant, or
that any act by it can ripen into a right
adversely to the city. As already said,
I am of the opinion that thiß right to
the use of the water Is a trust right on
the part of the city against which the
statute of limitations cannot run any
more than it car. to the use of the
streets or plazas. It is a right inherent
in the old putblo, continued down and
perpetuated in the city, and is a public
trout for public purpoeea; and the city
as tiucceeeor of the old pueblo possesses
the right to all the water of the river
that may bo necessary for its use and the
use of its inhabitants now or hereafter,
subject only to the power of the legisla
ture to regulate and direct the use and
distribution of the same.
The city attorney asks the court to al
low this case to go to the jury because
many days bave been occupied in the
trial so far and much labor and expense
on tbe part of the city ; but a case ought
not to be submitted to the jury where
the court could not enforce a verdict
that might be given. Suppose the jury
should hnd that this water taken in
these pipes iB taken from the river, the
court might agree with them in that
finding, that the great body of that
water that rune through those pipes is
taken from the river. From the testi
mony already introduced I am of the
opinion that that is the case within the
definition of a river that I have already
given, but the defendant does not take
the water, but the City Water company
does, and the action iB not against the
City Water company. That company
not only takes that water but distributes
it under its contract. No act of it can
ripen into a right in favor of the City
Water company against the city, nor
can itue3 another company, either aB a
side company or a parasite, so as to cre
ate a right adverse to the city at the ex
piration of its lease. But an injunction
cannot properly be granted, under tbe
facts of the case, consequently it would
be idle to submit the case to tbe city.
The court feels bound to grant tbe mo
tion for a nun-suit, and it will be so or
dered.
"The Noble Art of B*ir Defense."
Bet Forth bit an Authority—3elf defease Is
Instinctive Persons who Hud themselves af
flicted with heart disease as manifested by it]
many symptoms, palpitation, short brmth, ir
reguiarpnlsa, pain iv ide or shoulder, smother
iuit, tainting or dropsy, etc., naturally dei lre a
dereuse asainst what m»y terminate fatally.
For ihih express purpose no remedy has over
approached Air. Miles' New Heart Dure, sold by
(j. ii. Hmce, 177 N. Spring, on a guarante .
Mrs. 0. F. Perkins of Northwood, la., says,
Dr. Miles' New Heart Cure savea her Hie. She
suffered from palpitation and heart would fre
quently beat as high as 125 a minute Was
not expected to live Wae a mere skeleton, u<>
relief from physicians New Heart Cure cured
her.
Fire Insurance Kates Kednced.
Independent ol the "compact." See Busker
vil ia, 218 North Main (Laufr&nco buiidiunj and
save money.
Finest Variety aud Cheapest
Place in town for fish, same, oysters, etc. Fred
Uanniman's, Molt market.
2fio envelopes. 80c: M rm writing paper, 25c.
Langstadter, 214 W. Second, HollenbecK hotel.
Uss Gebhan Family Soap.
Ceylon Yeas, jasist
i if mem
Not a Dollar Need Be Paid Us For
Treatment of Rupture Until Cure
Is Effected.
DR. C. EDGtIRS^S^.
SPECIALISTS
Positively cures in from thirty to sixty days
nil kinds of
RUPTURE
VARICOCKI.E, HYDROCELE, PILES and FIB-
S' RE, FIjIOLs, ULCERATIONS, etc.. etc.,
\\ llhout the use of knife, drawing blood or de
tention ftom business.
f)is;ases of Women Skillfully Trea'4
CONSULTATION AND EXAMINATION FREE.
Can refer interfiled parties to prominent Loj
Ange es clti/ens'who have been treated by
them. Cureguarsuteed.
t!st; 8. MAIN BT..COR. SE 'FNTH,
3-7 12m LO.H ANGEUCS, CAL.
MRS. F. E. PHILLIPS'
Ladies Toilet Parlors
Mrs. Phllllpi has Just returned fro~i the
Fast wllh a conplete lias of goods. Latert
style i>' hair dressing.
« complete line of Mme. Rnppert's Cele
brated cosmetics, Face Tonic, tho finest ia
tlie world. Hair dressing, manlcurlug, faci
massage, OPEN EVEN! sG.S.
Rooms SI and 32 Wilson Block,
CORNER SPRING AND SIRST UTS.
Take elevator at the first-it. ontraucj.
0-20 tues-lhu-sun-ly
WAGON MATERIAL^
HAKJ WOOUS,
IRON, STEEL,
Horseshoes and Nails,
Blacksmith's Coal, Tools, Eta.
JOHN WIGMORK,
147, 119 and 121 UeuU --- fliiejsleai Hjasja
The Only Gename
KEELEY CURE
IS LOCATED AT
RIVERSIDE.
Smog, 65 New Wilson Block
Beware of dangerous imitations.
10-31 iv tb sat 3m
BLANK
BOOKS.
GLASS & LONG.
TEMPLE AND NEW HIGH SrS.
Tel. 535. 112-7 ly] LOS ANGELEB
KINGSLEY & BARNES,
ART PRINTERS
COPPER-PLATE PKINTiNG,
WEHDING INVITATIONS, ETC.,
VISITING Ca.fc.DS, ETO.
211 New Hiarh Street, Fulton Block,
Nei.-Franklin st , ground Boor, Tel. 417.
The Newest Importations
CONTINUALLY AKSIVING.
CHCI' E DESIGNS. BEST GOODS.
112 pc. Sonii-Porcelaia
li.imer Service, $10.50.
ALL GOODS EQUALLY LOW.
STAFFORDSHIRE UROUKEKY CO.,
417 S. SPRING ST. 7-28 Bra
FOR ALL KINDS OF
GUNS, RIFLES, PISTOLS,
Cutlery, Ammunition,
All Kiuds of Sporting Goods,
Fishing Tackle. Bamboo ;t Haseballs. Mitts
■nd Gloves. Repairing nd Choke Bonug of
Shotguns a specialty. Guaranteed or money
refunded,
H. S OTTtfRDECK,
7-10 ly 'Z\ l N. Main s 1 . Temple bloofc
~ CLARK & BRfc'stOM,
ibucci sors lo Clark A Hu-nphreja>
W bolesalc and Retail
LUMBERDEALERB
OtTce, IVSM West teond St., Bnrdick bloat.
Yards at Keuoudo and Los Ansetes. lit If
A Cure That Cures!
i? |» |•< I I h ye •ii red tuou«and«. and can
V 11 1. 1 j cure ihousauoH in c whosufler
a-you no, of vi .s.wii. in, :icy Nervooa
1 .b.llcy, Varicocele aud e'hr.iukeu raits,
cauied by te f-«li - . by a simple remedy
» ii en eurod me. receipt i>r watah 1 will etna
i-eul-d) FHKK to h litre:. Address, wish
stamp. DAVID B. *.MUBT, En.iewuod, lit.
11-Ulm
7
