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AN IRRIGATION STATE.
Sonth California Only Survives on Its Water Supply. Heedful Legislation Steadfastly De nied by North California. Separate Law-Making rowers by the Southern Counties the Only Remedy for the Irriga tion Question. If we include territory enough for sev eral states, it is competent for the peo ple of tbe State of California to divide hereafter. . . . I have no doubt that tbe time will come when we will have 20 states this side of tbe Rocky moun tains.—[Speech of Hon. W. M. Gwin in constitutional convention at Monterey in 1849. These Americans use political gov ernments as they do machinery ; when they become old and worn they are re placed by new and improved ones. —[Condensed from. Profeefior James Bryce. Upon tbe Pacific slope today there are only five states. Washington, Oregon and" California cover the entire weßtorn seaboard of the United States for nearly 1500 milea. Idaho and Nevada are the only states within the great basin be tween the Sierra Nevada and Rocky mountains, but there ie little doubt tbat the territories of Utah and Arizona will soon become states. When they do. there will ba only seven states weßt of tbe Rocky mountains. Tbe great waves of migration are mov ing westward. Yearly tbe center of Eopulation follows the sun while closely figging the 39th parallel of latitude. The H cty mountains are no barrier. In time, and no long time either, the entire Pacific elope will be thickly peo pled. The choicest sections like Souh ern California will be filled first. Then Noithern California, Oregon and Wash ington will receive their measures. !Every oasts and river valley in the great Colorado basin between the Sierra Ne vada and tbe Rocky mountains will be come beehives of population and wealth, Ouirivaiiug Buaiuec, palmyra, Thebes, and those other cities of the old world i whose past glory and greatness is mostly known by tbe grandeur and maguiii cence of their ruins. Being a free peeple, they will insist on a just representation in congress. They will not rest content with only seven etate governments represented by fourteen United States senators. Al ready are there signs of this discontent. Eastern Washington and Northern Idaho, physically one eection, with iden tical interests, are agitating the quee tion of a new state. And Southern Cal ifornia, physically a separate section from Northern California, with no identi ty of interests, is seeking separate state hood. Western Colorado wants a sepa rate state on the west side of tbe Rocky mountains. These movements will in creaseas population grows. Mr. Gwia's prophecy may yet be realized, but it can never come without divisions of tbe ex isting states. Southern California desires to be a state all to itself. It is a large and growing section, embracing about one third of the area and one-fifth of the population and wealth o! tbe entire state of California. It was incorporated into the present state under protest. Several efforts have been made to secure state division. One of these in the year 1859 came near being successful. Tbe sentiment of separate statehood is very popular throughout Southern California today. None of the relations with Northern California are harmonious, and many are very irritating. There has never been a time since the territory of California wae peopled by Europeans tbat harmony existed be tween Northern and Southern California. And the more the population has in creased the greater have tbe differences between tbe sections increased. The reasons for this grow out of natural causes. The etate is naturally divided into two great and separate physical sections by tbe Sierra Nevada mountains, which entirely cross it southwesterly from about the 35th parallel of north latitude to Point Concepcion. Their altitude iB from 4000 to 13,000 feet. Their effect npon the climate and products of the soil in Northern and Southern California make these two sections as different in these particulars as the Alps make France and Italy. Out of these differences grow interests •o diverse that they never can be har monized under one legislative govern ment, and all efforts to do so will only contmue and increase the friction and discord between the two sections. Year by year, as population increases, tbe sectional feeling intensifies. The finer climate of the south very naturally attracts the major part of . immigration to that section. Hence, in the south greater enterpriee and pros perity exists than in tho north iv com parison to the amount of population. This proposition is proved by the pros perity of tbe irrigated counties. Out of 203 medals given California by the world's fair for fruit, 107 came to South California. Each year witnesses greater political concessions on the part of the north towards the south, and finally the last concession will come in the form of a separate government for the eoutb. A single instance will suffice to show the necessity of state division. North ern California has almost twice as in rich rainfall as South California. The latter section is compelled to almost wholly resort to irrigation. Such communities as Los Angeles, Pasadena, Azusa, Po mona, San Bernardino, Redlands, River side, Anaheim and a score of other im portant places would cease to exist were they to lose this art. The rainfall is so scant in the valleys that tbey are com pelled tc appropriate, in many instan ces, all the waters of tho streams in order to nourish their growiug crops. Northern California with a greater rainfall, needß but little if any irriga tion. Hence tbe conflict between the two sections. The legislature has per sistently refused, until lately, to even •insider the question. As late as 1880 an effort was made to pass a bill divid ing the stato into two irrigating districts, the northern district to be governed by tbe common-law doctrine of riparian rights; tbe southern district to be governed by the civil law of appropria tion. This just measure was so bitterly opposed by the north that it did not even get a hearing. Yet nothing was nearer right than that each eection should be governed by laws best suited to its physical conditions. Assin, in 1884, came ths crushing blow from the supreme court in the ■hape of a decision affirming in unqual ified terms the doctrine of riparian rights. To apply such a doctrine to England, where it originated, with its exceedingly moist climate, is all right; but in tbe totally different conditions of Sout California it ia simply infamous. Even such a doctrine is not held in the British coloniea of India and Australia, which countriea have arid climates similar to that of South California, and in which countriea the doctrine of appropriation prevails. So inceneed were tbe people of South California that aome hot-beada talked of armed reeistence; indeed, it would be unfortunate to enforce such an unjust law. If done, it would blot out the south ; and submission or resistance would mean death on either horn of the dilemma. Fortunately, however, the eucceeding legislature, yielding to southern pressure, repealed tbe objec tionable section of the civil code upon which the riparian decision was baaed. Subsequent enactments enable the for mation of irrigation districts, with power of eminent domain to appropriate and even absorb tbe rigbta of riparian owners. But thiß ia merely attempting to heal the aurface aore without purify ing tne blood. The Wright irrigation law ia meeting with too many difficulties to be an effectual remedy. Tbe only effectual remedy ia to incorporate in tbe organic law of the atate of California an irrigation clause similar to that of the constitution of the atate of Arizona. Until then South California will have no permanent and satisfactory relief on the question of irrigation. Although Northern California truth fully and repeatedly disclaims the need of irrigation, yet moat of the congress ional approprlatione for arid land sur veys have been unjustly expended in tbat direction. The state can be divided aa easily aB was Virginia, and tbe new government will cost less than half of what it now costs tbe southern counties to belong to the state. IRRIGATION FIGURES. SOME INTERESTING STATISTICS ATTRIBUTABLE TO IT. Resnlts, Benefits. Possibilities of util izing Water In the Southwest. Citrus Frnita and Ir rigation. One of the most striking and signifi cant features of the development which has taken place throughout the south west in the last two decades ia what haa been accomplished by irrigation. Tbe far reaching benefits are apparent in the marked change from arid wastes to widely cultivated fields and orchards and thriving towns and cities. It af fords a highly interesting and suggest ive study to those who will trace through ita various atagea the operation of the eingle factor or agency tbat haß pro duced the splendid results now to be witnessed on every band. Not only are the actual achievements cause for con- graduation, but in view of the progress made there is a great promise for the future. What has been dono is in reality but a heginningof the great work of awakening dormant forces and util izing existing resources to the end that millions of dollars of new wealth shall be created, and thousands of beautiful homes be called into existence where before not even sustenance for the beasts of the field could be found. The first result of irrigation that sug gests itself as we review the new era inaugurated by its successful practice is tbe increase in wealth and population. Take California as an example. During the period from 1880 to 1890, tbe total percentage of increase in population for tbe entire etate was S9 per cent. This gain was mainly duo to the influx of settlers to the irrigated counties. This is most conclusively ehown by tbe fol lowing statement of the percentage of increase in the nine counties where irri gation is most generally practiced: ' Increase. 1. Ban Diego _ 305.98 2. Fresno 237.90 3. San Bernardino 227 47 4. Los Angelea 202 93 5. Tulare 117.84 S. Ventura 98 52 7. Ban Luis Obiipo 75 80 8. Kern 75 11 9. Santa Barbara 05.00 For the period between 1870 and 1890, in tbe seven counties named below, it is interesting to note what may be at tributed to irrigation in the notable strides made in population: 1870. 1890. Los Angeles 16.309 101.410 ban Diego 4,951 34,878 **n Bernardino 3 988 25.450 K*rn 2,025 10,031 Tulare 4,533 24,870 Fresno 0,330 31,877 Merced.... 2.807 8,102 Taking the same counties fn the mat ter of increased wealth, based on taxa able valuations, and tbe following state ment speaks volumes: 1870. 18H0. Los Angolet SO.9H 074 $07,121,610 San Diego 2,539.957 27.7<13,02t> San Bernardino .v. . 1,202,482 22,400.440 Kern 1,974,856 10389 154 Tularo 3 450,766 21,742.827 Fresno 3,210,230 35,539.055 Merced 3,202,445 13.308,921 The fruit-growing industry, whicb is the direct result of irrigation in South ern California, furnishes some very in teresting etatistice as proof of the value of water. From reports of the state board of horticulture we gather come figures respecting acreage in orchards that are not only reliable, but signifi cant. In tbe sevan fruit counties of the southern part of the state, the result is in acres: San Bernardino 43,903 law Angeles 31,650 Oruuge 14,008 San Diego 11,8'ja Tulare 11,445 Ventura 10,70!)' Santa Barbara M.siii; Kern 3,3^2 Tjtal 135,974 The total production of oranges and lenionß is known to be wholly dependent on irrigation, ami data on tbe citrus acre age from tbe aauie eource aa tbe above furnieb epme very striking facts. In the state there are 11,234 acreß of bearing orange and lemon trees, and 32,515 acres which are non-bearing, or a total of 43,740 acres iv citrus fruits. Estimating a'bearing orchard at $1500 per acre, the valuation of bearing orchards is $10,851 --000: at $500 an acre for orchards not in bearing, tbo valuation for non-taearin orchards ia $10,257,500, or a total for till orange and lemon orcbarde of $33,108.t>0. The great Hemet dam, in iliversi- county, hae been finished to a height oi 90 feet. The lak« is nearly two mile" long, the widest place being three, fourths of a mile, making a surface arert , of nearly 750 acres. It is now five weeke since the outlet was closed, and tl.. . enormous body of water has been col lected in the last two weeks. There is enough now impounded to irrigate 20, --000 acres during tho coming dry seaeon. They report tbe enow four feet deep in many places on the San Jacinto moun tains.—[lrrigotion Age. Ladies take Angostura Bitter j generally when tbey feel low spirited. It biigutens them up. Dr. stegert it Sons, sole manufacturers. At all druggists. LOS ANGELES HERALD- TUESDAY MORNING, OCTOBER 10. 189?. THAT IRRIGATION CONGRESS. The Preparations for Its Open ing on Tuesday. Some Noted Specialists Who Will Read or Make Addresses). The Record of tho Events Which Have Unused the Congress—What Ha* Been Done or Late—Lively Meeting Expected. About the most important gathering ever held in tbe history of tbis section will convene in this city this morning at 10 o.clock for a session lasting five days. It is tbe international irrigation con gress, tbe preparations for which have been in progress for several months past. The influence of the gathering will not only be felt in the great arid regions of the United States, but in the droughty east and in many [foreign countries as well. In view of tbe near approach of the congress, it wonld be well to trace brielly the incidents which led to the selection of Los Angeles for the present congress. About one year ago Mr. W. E, Smythe. editor of the Irrigation Age. visited this city after having been in tbe northern part of tbe state. While there he vis ited Mr. Wright of Modesto, the origin ator of the Wright irrigation system and law. Mr. Smythe talked with Mr. Wright about bis system, and also ex amined the irrigation works in the north. Shortly after his arrival in this city Mr. Smythe was interviewed by a Her ali> representative, and in the course of an extended talk he advanced the prop osition oi holding tbe congress in Los Angeles. Mr. Smythe soon afterwards left the city to further study the irrigation sys tems of this section and the territories, stating, however, that be, as secretary of the national executive committee of tbe congress, would present the claims of Los Angeles before the committee. The chamber of commerce of this city became interested in tbe matter and helped to arouse interest therein. At a meeting of the national commit tee, held in Salt Lake City eeveral mouths ago, Los Angeles was selected as the place for holding the present con gress. Tbe claims of several other places were also presented, but Mr. W. E. Smythe proved bimself master of tbe situation, and to his efforts was due the present selection. On August 9th ex-Governor Thomas of Utah, chairman of the national exec utive committee, issued a call setting forth the objects of the congress. At tbe meeting of the trans-Mississippi congress recently held in Ogden, resolu tions were passed requesting the presi dent to issue a call to the foreign na tions. As a result, Secretary of State Gresham caused the outside countries to be notified by means of a circular sent to this country's diplomatic repre sentatives abroad. Many of theee coun tries will send delegates. When it was known tbat the congress was to be held here the people at this end of tbe line at once went to work to boom the meeting. A epecial publica tion committee was appointed, consist ing of Fred L. Alius, chairman; C. D. Willard, secretary, and Messrs. George Rice, I. H. Le Veon, R. E. Archer, Harry Brook, A. Phillips and T. B. Merry. All data relating to irrigation was gathered and, together with the pur pose and objects of the congress, was presented in attractive style and sent to every paper published in any section that was interested or slightly identified with irrigation enterprise. The matter sent forth by the commit tee was almost all published, and tbe holding of the congress became univer sally known. In addition to supplying tbe outside papers with stuff, a little pamphlet entitled Irrigation in South ern California was also issued and has been widely distributed. Although the day for the congresß iB almost here it is impossible to form any positive estimate of how many delegates tbere will be in attendance. Tbe territoriea and states lying within tbe arid section will send delegates, as will even tbe several east of tbe Missis sippi river. Among those from tbe far east are several from Tennessee and one from Delaware, A letter has also been received from a man in Connecticut, an nouncing his intention of attending the congress. Ohio and Kansas will be represented, as will Illinois, the gov ernor of tbe latter state having recently appointed four representatives. Several foreign countries will send delegates, while a large number of other nations have not been beard from as yet. Of the nations that have appointed representatives are France, Russia, Aus tria, Mexico, Kquador and several of the British provinces, including, probably, Australia. The United Stateß govern ment will be repreeented by F. H. Newell, of the interior department, who will contribute a paper. R. H. Hinton, for years in tbe United States geological department and also governmental irri gation agent, will be in attendance. The programme aa planned thus far contains 13 papers to be presented by some of the prominent delegates at tbe congress. The programme, however, ib subject to change, and is as follows: F. H. Newell, department of interior —Irrigation Investigation by the Inte rior department. Elwood Mead, Wyoming—lnterstate Division of Waters, or A Land System for the Arid Region. C. O. Wright, Modeßto, Cal.—lrriga tion Legislation. . Count Cinstantin Comodzinsky—lrri gation in Russia. Dr. Joseph Jarvis, Riverside. Cal.— Irrigation as Applied to Horticulture. C. W. Cross, San Francißco—Ethical and Social Effects of Irrigation. J. W. Gregory, Garden City. Kan.— The Significance of Irrigation with Re spect to the Great Plain Region of the United States. Wm. E. Smythe of Utah (secretary i.ational executive committee)— What Bhall be Done with the People's Heri tage. J. K. Doolittle, Phojnix. Ariz.—The Ouumon Law of Water in Arid America. Weeks, Bakerefleld, Cal.—Colo nizing Irrigation Lands. C. R. Rockwood —Conservatism in the Development of Irrigation Enterprises. 8. M. Woodbridge—Rslatiou of Irri gation to Fertilization, Maj. J. W. Powell, United States geo logical survey—The Government's Irri gation Work. ■ The congress will hold ita Bessionß in the Grand opera house. The foreign ,: n i— »- j .. - 1C p» C-COU tab, YCO »»»,» UW BU.kDU IU Lilt? boxes, which will be appiopriately deco rated with the flage of their respective nations. On Tuesday morning ai 10 o'clock Governor Markham will deliver an address of welcome, after which the congreaa will be called to order and or ganize. Hon John P. Irish will deliver the opening address on Tuesday even ing. During the entire session of the con greaa a daily journal containing a ver batim report of the various papers of the previous day will be published. At the conciueion of the congreaa a pamphlet containing all of the papera presented before the congreaa will be issued and distributed to the delegates. The out side towns have also expressed a desire to entertain the congress. A delegation from Santa Ana was in the city yester day and requested tbat tbe various dele gates visit their city and examine their irrigation system. Riverside and other places have evinced a similar den ire. Many excursions to various surround ing places will also be made, but as the entire time of the delegates will be occupied by the sessions of the con gress this week, the trips will probably be postponed until the first part of next week. Among the excursions that will be made are the kite track, Mt. Lowe, Port Lob Angeles and Soldiers' home, Santa Ana, Chatßworth Park and San Pedro via the Terminal route. Tbe principal object in visiting this last place is to ace the enormous artesian well at Bixby and owned by General Bouton. A reception committee, consisting af Messrs. Eugene Germain, T. L. Duque, E. F. O. Klokke, L. Loeb and W. B. Cline has been selected. The following have blbo been appoint ed as assistants to the main committee: D. Freeman, John E. Plater, S. H. Mott, F. W. Braun, H. W. Whitmarsh, J. M. C. Marble, W. T. Maurice, Wm. G. Kerckhoff, Judge R. M. Widnev, Marcua S. Tyler, E. N. McDonald, M. A. Newmark, S. W. Luitweiler, Joseph Maier, W. L. Hobbs, T. D. Stimson, I W. Hellman, J. M. Elliott, John M. Bicknell, J. G. Frankenfield, A. Ham burger, Abraham Haas, L. N. Breed, W. G. Cochran, Josepa Mesiner, F. E. Fay, Andrew Mullen, M.S. Severance, R. H. Howell, Georgeßonebrake, B.J, Curson, J. F. Sartori, C. Ducommun, William Maun, A. W. Davie, William L. Bell, General Johnson, R. A. Demens, Cap tain Ainsworth, E. P. Clark, John J. Akin, Frank W. King, Kaspare Cobn, L. W. Blinn, C. Bamesberger, F. D. Decker, Fred L. Baker, N. W. Stowell, A. Jacoby, H. F. Hartzell, T. B. Bur nett. Frank Sabicbi, Gregorio del A mo, H. Jevne. The members of the reception com mittee and as many of the assistants ac can attend are asked to meet at the chamber of commerce tomorrow morn ing at 9 o'clock. Government Aid for Irrigation. Th 6 Kansas City Star, aB well aa many other newspapers further east, discoun tenances the proposition of government aid for irrigatiou. The Star is confused. The plan is not to irrigate the laud it self, but to provide means whereby the land may be irrigated and thus be re claimed. Years ago the government passed drainage luwb looking to the re clamation of Bwamp lands. If the gov ernment cau legislate to take water out of lands it can certainly legislate to put water in the lands. It is just that appropriations ahould be made for these purposes out of the im mense surplus of the government's revenues. Look at tiie millions of dol lars annually appropriated and expended for the improvement of rivers and har bors. The number of people benefited thereby are only those engaged in trans portation. Ia transportation tbe only thing requiring the paternal care of tbe government? Has there ever been a secretary of tranßportation? The sub ject has never been deemed of sufficient impc-lance to create such an office in the president's cabinet. Agriculture baa a secretary. It baa been elevated to the dignity of the most importaut, and made the equal of the other functions of the government. It is agriculture which demands the ad vancement of tbe cause of irrigatiou. Already has tbe last of Uncle Sara'a naturally watered domain been given away. The land offices are preparing to close up. Nothing is left now but the vast arid plains on the eastern slope of tbe Rocky mountains, in the Colorado basin and ou the western slope of the Sierra Ne cada. Within thia area it is plainly the duty of the government: First—To cause a general survey to be made to ascertain: (a) The area of catchments end vol ume of water Bupplies. (b) Tbe Bitea for reservoirs and routes of waterways. (c) The local duty of water and acre age capable of supply. (d) The estimated cost of construc tion of both public and private water works. Second —To appropriate sufficient funds to economically execute euch of the ioregoing plan aa is plainly of a public character. Third—To arrange some equitable plan for the settlement or occupation of said lauds by Uncle Sam's bona fide children and none others, and utterly excluding speculators and monopolies. Some of this work has already been done, especially the appropriation for the preliminary survey of catchment areas and reservoir sites. But the work ahould uot be allowed to atop. Thia is one of the objects of today's convention. The civilization built upon the irri gation of the arid lands will be of the most permanent character, even aB irri gation ia more constant and equable than the natural rainfall. In irrigated countries failures of crops are never known. Hence there is never a cessation of the revenues of tbe people. The first great principle of finance—the creation aud maintenance of a revenue —with such a people is always a solved problem. Hence, with the exerciee on their part of tho Becond great principle of finance—the saving of a part, greater or leeß, of their revenueB —there is bound to be a colossal accumulation of wealth in the irrigated belts. With wealth will come leisure, cul ture, education, refinement, elogance; in fact, the greatest civilization of this age will grow np in the and zones, as it did in other and former ageß. The most pleasing pictures opening before the mental vision ore the arid portions of the United Statea, viewed bb they will be fifty aud a bundaed years hence. Great cities of grand mansions and fine thoroughfares, besetting emer ald fields, watered with crystal floods from everlasting and snow-crowned mountains, with every condition favora ble for physical and psychical develop ment, what a magnificent race of men l iere will be 1 Let us all put our shoulders to the wheel and help lay the foundations ot this desirable Btate of affairj. SIS Uiwiiril. Off & Vaughn, druggißtß, corner Fourth end Spring etreete, are author ised lv nu'uuu tue above iv uuy case that v Bingle buttle of fSmith'a Dandruff Pomade fails to cam. Mover known to fail, Tr/it. INYO COUNTY. A New Kngllsh Company for Irrigating In Uveoi Valley. A company baa been organized in London nnder the name of tbe Monnt Whitney and Owena Valley Canal and Irrigation company. It ia for the pur poee of conatructing a canal to extend from a point near the northwest corner of Inyo county aoutherly to a point near the aouthern boundary of that county. The capital to be inveated in thia enter prise ia £250,000. Tbe water to be need in thia canal will be drawn from the Owena river, about 10 milea north ot tbe town of Independ ence. At tbat place a large dam ia to be constructed, and in order to avoid payment of damages for landa flooded by tbe waters thua backed up the land on both sides of the river for two milea up stream haa been purchased by the company. The entire length of the canal will be 80 miles. It ia to be 00 feet wide and six feet deep. The territory which will thua be opened up to cultivation con tains more than 400,000 acres, and is 4000 feet above sea level. It is the only valley of the kind within the state waiting to be irrigated and cultivated. Tbe contract for the work has been let to Orland A Vickery of Los Angelea, and it ia expected that the firet two or three miles from the upper end of the big waterway will be completed sufficiently to admit of irrigation within SO days. To finish tbe entire work will, it ia ex pected, require about two year's time. — Irrigation Aye. INCREASE OF CAPITAL. Financial Stringency Does Not Affect tbe First National Bank. Mr. J. M. Elliott, president of the First National bank, waa interviewed by a representative of the Huhald yesterday and etated that the bank had recently increased its capital from $200,000 to $400,000, in addition to a surplus of over $200,000. Thia great banking concern has a larger list of stockholders, princi pally among business men, than any other bank iv the city, and it ie gratify ing to state that the bank has always re tained the confidence of ita very long line of cuetomera. Status of Inlgution State Law. The status ot the irrigatiou laws of the etate of California appears to be very much mixed. The condition is anoma lous, and loudly calls for reform. Every effort to remodel the law on this point aud brush away tbe cobwebs of supreme court decisions, baa emanated from Southern California, and has been con stantly and successfully opposed to date by Northern California. Only in the last legislature was an attempt made by the delegation from Southern California to have consistent laws enacted in it - gard to irrigation, but the measure was overwhelmed by northern opposition. Apart from the sectional tight in Cal ifornia over irrigation, the status of tbe state laws pertaining thereto should be si.'led out and clearly presented, bo that the people can understand through what kind of a legal mud-puddle they are wading. It is strange that this ques tion ie not included in the programme of the convention, which will assemble in this city on October 10th. The queßtiou involvea a little history. Irrigation had been practiced in Califor nia under the civil law for about three quarters of a century prior to American occupation. There was a memorable debate in tbe first legislature, which assembled at San Jose in December, 1849, over the propo sition aB to whether the civil or the common law should be adopted as the rule of action in this Btate. The com mon law prevailed. Tbe common law, indeed, recognizee riparian rights, but one of its funda mental principles is that the law itself cea9es when the reason for its existence ceases. Riparian rights may be just in in the moist climate of England, but are unknown and uujußt in tbe dry climates of tbe English colonies of Asia, Africa and Australia for the reason above given. The constitution, however, as well as subsequent legislative acts,' recognized the existing water rights of tonws situ ated on streams, and, in a measure, it might be said, admitted the force of tbe civil law in regard to irrigation. Indeed, under this principle, the great hydraulic mining district of Northern California was built up. Meanwhile, various laws were en acted at different times regarding irri gation districts, out of all which was Anally evolved the Wright law of 1887. When tho laws of the state were codified in 1872, a troublesome little joker found its way in the code of civil procedure in the shape of section No. 1422, which reads: "The rights of ri parian proprietors are not affected by tbe provisions of this title. [Title VIII on water rights." On this section, in 1884, the supreme court, by a large majority vote, estab lished the doctrine of riparian rights as the law of the Btate, and it so stands to-day. This decision has bsen followed by nearly a score of similar deciaione affirming the same doctriue. In 1887 the legislature abolished sec tion 1422, and left the decision of the supreme conrt without a foundation. But the supreme court has paid no at tention to thiß repeal, and hae kept on confirming its first decision. In the meantime the irrigation dis trict laws, which had been in process of growth for more than twenty years, were brought quite to perfection under the Wright act. Now thia law makes these districts quasi-public corporations and endows tbem with tbe right of eminent domain. In other words, after a man has se cured and vested his riparian rights, the irrigation district of appropriators can confiscate hia property and righta. Tbe Wright act ia all right for incoporatora, but it is ineffectual for non-incorporated appropriators. What a muddle 1 The riparian righta proposition is the law. Incorporated appropriators can confis cate riparian rights. Riparian rights not vested prior to 1887 are unlawful. They are lawful. Riparian rights not vested are unaf fected by non-incorporated appropria tions. AU these conflicting positions are clearly Etated in the laws and supreme conrt decisions. What is the law? "Where are we at?" How unjustly and unevenly these laws bear! Eor many years Southern California has endeavored to get a plain, reasou alno irrigation law enacted, one tbat would be adapted to the needs of the country. Againßt her wishes Northern California has boon arrayed as a unit. There ia only one way to get a remedy, and that ia to «iv« Southern California hor own law-making power; in plain .words, divide the state. Then and not till then will irrigation matters in Southern California ever be ruled by , reason and common sense. At the laat meeting of the Modesto district directors it was reported tbere was no money to meet demands. At the came time the treasurer stated that he had loaned a bank $15,000 of tbe district's funds at 5 per cent intereat payable after 30 days' notice. A propo sition wae aubmitted for the purchase of $250,000 of the bonds of the district at 00 cents. Notice Inviting: Street Work Pro posals. PURSUANT TO STATUTES AND TO ORDl nance No. 1813 of the Council of the city of Los Angeles, adopted Sept. 25,1893, direct ing this notice the undersigned invites and will receive at his office in the city hall, up to 11 o'clock a.m. of Monday, Oct. 10, 1893. sealed proposals or bids for the following street work, to be done according to specifications No. A for paving streets in the city of Los Angeles, posted and on file, therefor adopted, or here in mentioned, to-wlt: First—That said COMMERCIAL STREET, In said city from a point thirty feet west of tho west line of Alameda street to the west line of Alameda street, including all intcrsoctiona of streets (excepting such portions of said street and intersections as aro required by law to lie kept in order or repair by any person or com pany having railroad tracks thereon.be re paved with bituminous rock surface with con crete base and granite gutters four feet wide in accordance with the plans and protlle on file in the office of the cltv engineer and specifica tions on file in the office of the city clerk of the city of Los Angeles for paving streets, said specifications being numbered A. bidders must Hie with eacli proposal or bid a cheek payable to the order of the mayor of this city, certified by a responsible bank, for an amount which shall not be less than ten per cent of the aggregate of the proposal, or a bond for the said amount anil so payable, signed by the bidder and lit- two sureties, who shall justi fy, before any officer competent to administer an oath, in double the said amount, and over and above nil statutory exemptions. In bidding use blanks which will bo fur nished by the city clerk upon application. Los Angeles, Cal., Oct. 9, 1898, G. A. LOCKINBACH, City clerk and cx-oflicio clerk of the council of tiie city of Los Angeles. 10-9 2t Ordinance No. lliOO. fVKW SERIES.) AN ORPIN ANC 5 DECLARING THE INTENa tion of the mayor and council of the city of Los Angeles to establish the grade of FOURTH STREET, From Luces avenue to Fifth street. The Mayor and council of the city of Los An geles do ordain as follows: Section 1. That it is the intention of the council of tho city of Los Angeles to establish thegrade of FOURTH STREET, From Duras avenue lo Fifth street, as follows: At the intersection of Lucas avenue the grade shall be 159.00 on the southwest corner and 159.80 on the northwest corner; at a point in the southerly and northerly side of Fourth street 139 feet west from the west line of Lucas avenue 147.00; at a point in the westerly side of Fourth street 400 feet north from the norlh- WMtnorn*T of Fifth street. ].4|,00j und at a point in tho easterly side opposite to said point 131.O0; at the intersection of Fifth street 105.00 on the northeast corner and 104.H0 on the northwest corner. And at all points between said designated points the grade shall be established so as to conform to a straight line drawn between aaid designated points. Elevations aro in foot and above city datum plane. Sec. 2. Theclty clerk shall certify to the pass ageof thisordinaneeandshallcause the same to be published for ten days in the Ix>s Angeles Herald, and thereupon and thereafter it shall take effect and be in force. I hereby certify that the foregoing ordinance was adopted by the council of the city of Los Augeles, ut its meeting of Oct. 3d, 1893. C. A. LUCKENBACH. City clerk. Appproved this sth day of October, 1893. T. E. ROWAN, 10-7 lOt Mayor. Ordinance Mo. 1802. (NEW SERIES.) AN ORDINANCE DECLARING TIIE INTEN tionofthe mayor and council of tho city of Los Angeles to establish the grade of FIFTH STREET From Lucas avenue to Witmer street. The mayor and council of the city of Los An geles do ordain as follows: Section 1. That it is the intention of the council of the city of Los Angeles to estab lish the grade of FIFTH STREET From Lucas avenue to Witmer street as follows: At the intersection of Lucas avenue the grade shall be 107.00 on the northwest corner and 100.00 on the southwest corner; at the inter section of Fourth street 105.00 on the north east cojner and 104.80 on the northwest cor ner; at points in the south side of Fifth street Opposite to the northeast corner of Fourth street 104.00 and opposite to the northwest corner of Fourth street 103.80; at the intersec tion of Witmer street 78.90 on the northeast corner and 76.36 on the southeast corner. And at all points between said designated points the grade shall be established so as to conform to a straight line drawn between said designated points. elevations are in feet and above city datura plane SEC 2. The city clerk shall certify to the pass age of this ordinance and shall cause the samo to be published for ten days in. the Los Angeles Herald, and thereupon and thereafter it shall take effect and be in force. I hereby certify that the foregoing ordinance was adopted by the council of the city of Los Angelea at ita meeting of October 3d, 1893. C. A. LUCKENBACH, City Clerk, Approved this sth day of October, 1893. T. E. ROWAN, 10-7 lOt Mayor Notice iHViting Sireet Work Jfropu- sals. PURSUANT TO STATUTES AND TO ORDl nance No. 1844 of the council of the city of Los Angeles, adopted Sept. 25, 1893, direct ing this notice, the undersigned invites anil will receive at his ofllce in tho City Hall, up to 11 o'clock a. m. of Monday, Oct. 16, 1893, sealed proposals or bids for the following street work to be done according to the special speci fications for laying a granite gutter in Center place in the city of Los Angeles, posted and on file, therefoi adopted, or herein mentioned, towit: First—That said CENTER PLACE, In said city, from the south line of First street to the north curb lino of Second street, includ ing all intersections of streets, bo gutteied with a granite gutter three feet wide, and be renaved with bituminous rock for a width of four inches ou each side of said gutter, in ac cordance with the plans and profile on Hie in the office of the city engineer and specifica tions on tile in the office of the city clerk of the city of Los Angeles, said specifications be ing designated special specification for laying a granite gutter in Center Place. Bidders must file with each proposal or bid a check payable to theorder of the mayor of this city, certified by a responsible bank, for an amount which shall not be less than ten per cent of the aggregate of the proposal, or a bond for the said amount and so payable, signed by the bidder and by twosureties, whoshall justify before any officer competent to administer ah oath, in double tho said amount, and over and above all statutory exemptions. In bidding use blanks which will be furn ished by the city clerk upon application. Los Angeles, Cal., Oct. 9, 1893. C. A. LUCKENBACH, City clerk and ex-officio clerk of the council oi the city of Los Angeles. 10-9 2t Timber Land, Act Juue 3, 11370. Notice for Publication. UNITED »TATE3 LAND OFFICE, LOS AN geles, Cal., August 7, 1893. notice is hereby given that In compliance with lhe provisions ot the act of Congress o( June 3, 1878, entit.ed "An «ct lor the sale of timber lands iv the Stateß of California, Ore son, Nevada, and Washington Territory." Ar thur T. Blalu of La Caflada County of Los Angeles, State of California, has thlsday Hied in this office bis svrorn statement, for the pur chase of the N. X. 'A, S. W. V, of Seclloa No. 14, In Township 'I K„ Range No. 13 W.. and will oiler proof to show that the laud sooght Is more valuable for its limber or stove than for agricultural purposes, and to establish his claim to said land beforo the Register and Re ceiver of thia oftie" at Los Angeles, on the 30th dayol October, 1893. Ho names at witnesses: Chester B. Blaiu of la Canada, Cal.; Stephen German of La Caflada, Cal.; DariaD. Bowman ol Duarie, Cal.; T. M. 0. Mall of La Canada, Cal. Any and all parsons claiming adversely the above-described lauds are requested to tile their claim* in thin ofllce on or beiure siid 30th day of Oclobor, 1393. 8-8 rutoa lOt W. H. SHAMANS. Rsglstar. Notice-*- Auuual Meeting ol Sloeli lioiders. NOTIC'S H HERKBY GIVKN THAT TITX annual meeting of the slo of the Harper Reynold! Com many will be held at the oillce of the company iv the city and coiin v of Los Angeles. Stale of California, on Wednesday, tier. 11, 1893, at 10 o'clock a. m.. for the e>ection of a. bo .rd of directors and ior the transaction of such other btisiuess ?.s may be brought bolore the meeting. 1. B. NKwTON, Secretary. | Los Asseißß. Sept, SIS, 1999, 8 .a lit Summons. IN THE 80PERIORCOURTOFTHI OOtJNTT of Loa Angelea, State of California. Sarah 0, Whigham. plaintiff; vs. t. H. Bar clay, H. J. Hunt. J. W. Hendrlok, J. S. Chap man, Ida Hancock, aa administratrix of ths estate of Jonn flancoftk, deceased; Francla E. McDonnell, A. A. McDonnell, Robert N. C. Wil aon, H. S. Shields, Julia Mcertain, John Doe, Bichard Roe, Mary Doe, defendants. Action brought In the superior court of Loa Angeles county, state sf Califoania, aud the complaint Hied In said county of Loa Angeles, in tbe office of the clerk of said superior court. The people of the state of California send greeting to F. H. Barclay, H. J. Bunt, J. W. Hcndrick, J. 8. Chapman, Ida Hancock, as ad ministratrix of the estate of John Hancock, de ceased; Francis E. McDonnell. A. A. McDon nell, Robert N. C. Wilson. H. 8. Shields. Julia McErlain, John Doe, Richard Roe, Mary Doe, defendants. Yon are hereby required to appear in an no tion brought against yon by the above named plaintlff'ln the superior court of the county of Los Angeles, state of California, and to answer the complaint filed therein, within ten days (exclusive of the day of service) after the ser vice ou you of this summons—lf aerved within this county; or if served elsewhere, within thirty clays, or judgment will bo taken against you according to the prayer of said complaint. The said action Is brought to obtain a decree 'of this court vacating and setting aside the de cree of foreclosure and order of sale, made In a former action in said superior conrt, being action Mo. 14,324 on the register of action of said court, wherein -nnih C. Whigham waa plaintiff, and F. H. Barciay and otoers were defendants, whicb said action was inatltuted for the purpose of foreclosing the mortgage hereinafter referred to; and also vacating and setting aside the aale made on the 17th day of November, 18111, in pursuance of the aaid de cree of foreclosure: and also vacating the HherifTa certificate of sale, issued in pursuance oi said sa.e, which aaid certificate of sale la recorded in book 8, sheriff's certificates of aalr, page 121): and aiso vacating ana setting aalde the sheriff** deed, made by the sheriff of aaid county to said plaintiff In pursuance of said certificate ou November 18th, 1891, recorded In book MOD of deeds, page 2, in the office of the county recorder of said county of Los An geles Also to recover judgment against the said defendant, F. H. Barclay, for the sum of $5731.01, with interesu at the rate of 12 per cent per annum from November 6, 1889, compounding quarterly; also to obtain a decree ot this rourt for the foreclosure of a mortgage described In said complaint and exe cuted by the said defendant. F. H. Barclay, oar tho slh day of May. A. D. 1888, to secure the paynu-ntof a certain prnmißsory note, made by sad defendant F. H. Barclay, on said Mb day o May, A. D 1888, to said plaintiff, for 85500. gold coin, upon which said promissory note and mortgage there has been paid the sum of $707, mid no more, and upon which promis sory note and mortgage there Is dueand unpaid a balance of $5731.01, with interest thereon at the rate of 12 por cent per annum, from No vembers, IHB9, compounding quarterly; also to recover judgment for the an in oi 821.20 laid out and expended by plaintiff for taxes upon tiie mortgaged premises, aud ior Interest there* on at 12 per cent per annum, compounding quarterly from December 20, 1890, and also for the sum of *800 as reason able counsel fee of plaintiff' herein, as -, rovid;:d in aaid mortgage: that the prem ises described in said mortrage may be aold and the proceeds applied to the payment of ihe amount the court snaii ascertain to bo due ou said note and mortgage, or other, and for such taxes, and for counsel fees, and for co.ts of suit; and In case such proceeds are not suffi cient to pay the samo, then to obtain judgment for tbe deficiency, and an execution against said defendant, F. H. Barclay, and also that each and all of the defendants, and all persons claiming by. through or under them, or either of them, may be barred and forever foreclosed of all right, title, claim, Hen, equity of redemp tion and intereat lv and to said mortgaged premises, and for the appointment of a receiver tor said premises, and for other and further relief. Reference is had to said complaint for particulars. And you are hereby notified that If you fail to appear and answer the said complaint as ebove required, the ssld plaintiff will apply to the court for the relief demanded in said com plaint. Ulven under my hand and the seal of the ruperior court of tbo county of Los Angeles, atate oi California, this 19th day of April, in -the year of our Lord one thousand eight hun dred and ninety-threa. [-kal] T. H. WARD, Clerk. By A. <N. Seiviik, Deputy Clerk. Z. B. West and Wellborn & Button, atty's for plaintiff. 8-29 63t Notice Inviting Street Work Pro posals. PURSUANT TO STATUTES AND TO ORDl uancc No. 1820 of the Council of the city of Lob Angeles, adopted Aug. 28, 1893, direct ing this notice, the undersigned invites and will receive at his office in the city hall, up to 11 o'clock a.m. of Monday, Oct 16, 1893, sealed'proposals or bids for the following street work, to be done according to the specifica tions No. 5, for graded ana graveled streets and No. 12 for cement sidewalks In the city of Los Angeles, ported and on tiie, therefor adopt ed, or herein mentioned, to-wlt: First—Thafsaid % PENNSYLVANIA AVENUE In said city from the easterly curb line of Bailey street to the westerly line of St. Louis street, including all intersections of streets (ex cepting such portions ol said street and inter sections ns are required by law to be kept in order or repair by any person or company hav ing railroad tracks thereon, and also excepting such portions as have already been graded, graveled and accepted), be graded and graveled, in accordance with the plans and profile on tile in the office of the city engineer and specifica tions on tile in the office of the city clerk of the city of Los Angeles for graveled streets, said specifications being numbered five. 2d. That a redwood curb be constructed alnugeach line of the roadway of said Penn sylvania avenue from the easterly curb line of Bailey street to the westerly line of St. Louis street (excepting along such portions of the line of said roadway upon which a redwood, cement or granite curb has already been con structed and accepted), in accordance with specifications in the office of the city clerk of said city for constructing redwood curbs. 3d. 'fhat a cement sidewalx six feet in width he constructed along each side of Bald Pennsylvania, avenue from the easterly curb line ot Bailey street to the westerly line of St. Louis street (excepting such portions of said street between said points along which a cement or asphalt sidewalk has been con structed and accepted), said sidewalk to be con structed in accordance with specifications on file in the otlice of the city clerk, said specifi cations being numbered twelve. Sec. 2. The city engineer having estimated that the total cost ci said improvement will be greater than one uollar per front foot along each line of said street, including the cost of intersections, it ia hereby determined in pur suance of an act of the legislature of the state of California, approved I'ebmary 27.1893, that bonds shall be issued to represent the cost of said improvement. Said bonds shall be serial, extending over a period of 10 years, an even proportion oi which shall be payable annually, on the second day of January of each year.after their tlate,until the whole are paid, and to bear interest at the rate of 7 per cent per annum, payable semi-annually ou the second daj-s oi January and July oi each and every year. Bidders must tile with each proposal or bid ft check payable to the order of the mayor of thia city, certified by a responsible bank, for an amount which shall not be less than ten per cent of the aggregate of the proposal, or a bond for the said amount and so payable, signed by the bidder and by two sureties, who shall jus tify, before any ofheercoiupetentto administer anouth, in double the said amount, and over and above all statutory exemptions. In bidding use blanks which will be fur nished by the city clerk upon application. Los Angeles, Cal., Oct. 9, 1893. C. A, LUCKENBACH, City clerk and ex-ofllcio clerk of tho council of the city of Los Augeles. 10-9 2t Notice of Street Work. VTOTICE IS HERHIIV GIVEN TO AT ON IX Monday, tho 18th day of Sept., A. D. 1893, the council of the city of Los Angeles did, at its meeting on said day, adopt au ordinance of in tention, No. 1838 (new series), to have the following work done, to-wit: First—That said TWELFTH STREET, in said city from the southeasterly line of Olivo street lo the southwesterly line (if Hill street, including all intersections of streets (except ing such portion of said street and Intcicc tions as aro required by law to bo kept in order or repair by any person or company haviut; railroad tracks thereon, and also excepting such portions as have already been graded, graveled and accepted) be graded and graveled iv aeeordanee with tiie fdans and proliie on file in the office of the city engineer and specifica tions on tl lt- la the oniee of the city clerk of tho city of the city ol" Los Angeles for graveled streets, said specifications being numbered live. Second —That a cement cur', bo constructed along each lint- of tire roadway of said Twelfth street from the southeasterly line of Olive street to t he.southwesterly line of llillstreet.ex cepting along bach portions of the line of said roadway upon which a cement or granite curb has already been constructed andaccepted,) i:t aeeordaneewithspeeiilcations in tho otllee of the city clerk oi said city for const l-ueling co mont curbs, said specifications being num bered twelve. BB^BBBI Reference is hereby made to the said ordl. naucu of iuteution for further particulars. D. A. WATSON, Street Superintendent, By B, C. lUKKO.n, Ecpuly, Av-ii 7t 15