r WTBESIT REGISTER LITERARY AND SCIENTIFIC DEPARTMENTS: INCLUDING 1 COLLEGE OF LETTERS: (i) CLASSICAL COURSE; (2) LITERARY COURSE; 2 COLLEGE OF AGRICULTURE; 3 COLLEGE OF MECHANICS; 4 COLLEGE OF MINING; 5 COLLEGE OF ENGINEERING 6 COLLEGE OF CHEMISTRY; 7 COLLEGE OF LAW; 8 COLLEGE OF MEDICINE; 9 COLLEGE OF PHARMACY. 1879-8O. -x The subject of irrigation, it may well be claimed, is the most important considera- tion affecting the welfare of the State as a whole which has ever confronted the peo- ple of California. It will ba conceded without question that it is in the develop- ment of her agricultural r.nd horticultural possibilities that the greatest and most permanent sources of wealth and pros- perity in this State are to be found. While it is true that many branches of the industries mentioned have been suc- cessfully pursued in various localities without the aid of irrigation, yet it must be conceded that development on those tion as an aid to the fanner, is seen iriThY fact that whereas but a few years since the irrigated area was confined to a compara- tively limited locality in^ the southern part of the State, irrigation enterprises are now either in full operation or are being actively promoted all the way from Mexico to the Oregon boundary line. Many localities which in the past most Persistently maintained that irrigation was not needed have fallen into line, and ere now prominent in the movement, which will not cease until every acre of arid land ' shall have been provided with making it productive. the means for lines has nearly if not quite reached "the f**? " ^active. All the way from utmost extent of which it is capable i San Die S to fehasta com ^ the note of the Further progress to any considerable ex- ! ; naa ^ uration of enterprises by which arid ! lent must depend in great measure upon | Jands are * be Declaimed through the aid the facility with which land and water may * " d ca P tlve ' and fertile lands to be brought into the closest relationship ', 9 mad ev orchards J _ lv tll i nd vineyards of phenomenal productive- ply that it was the painful irregularity of <** r-+- ness. Cities and towns have sprung up tn an almost magical manner,' railroads have been built in every direction, and wealth has multiplied by tens of mil- lions. On the other hand, with few exceptions, the unirrigated sections have either stood lation has in many cases fallen off, wealth has decreased and a general era of stag- nation has set in. The old cry of the lack of necessity for irrigation has lost its ue it is still sometimes the rainfall, through which his fields were liable to be flooded at one time or burned up at another, and were he to be assured that an easily found remedy existed there- for he would go to any extent to avail himself thereof. derstood all the time, and it has gradually come about that irrigation, instead oi being regarded as a process to be avoided, if possible, and only made use of when driven to by necessity, is now welcomed as a means of escape from bondage, and one of the greatest boons that was ever de- Tised for the benefit of the tillers of the oil. The remarkable advance that has been the undeniable records showing the com- parative progress of irrigated and unirri- gated sections. In the face ot those ^ ^ Ai ., ctionx in the face ot those made in the popular confidence 1 inmiga- records the most ardent anti-irrigationist niuat hold his pesce. He is not left with , an argument which is not completely j answered beforehand. Important as irrigation is, however, and ; | great us has been the progress made dur- ! ing the last decado, a critical point has I now been reached. Difficulties have ; arisen which require to be surmounted if any great degree of further development is to be expected. From a merely local or I individual question irrigation has become a subject of national importance. It is useless, however, to look to the general Government for assistance in this matter, and hence the difficulties must be met and conquered at home, or at least within the boundaries of this State. What those difficulties are and how It is proposed to meet them it is the task of the CHRONICLE to show, and they will be briefly outlined here. " The first systems of irrigation made use of in California were of the crudest char- acter. A single settler near some source of supply built a small canal and diverted the water upon his own land. Sometimes a dozen or more neighboring farmers joined in a sort of co-operative plan and constructed and maintained the canal to- gether. Only the most readily and cheaply obtainable water was utilised. No expen- sive work was done on the canals, there being rarely any outlay beyond the per- sonal services of the irrigators them- selves. Many such systems were con- structed without the expenditure of a dol- lar in money. This plan lasted very well so long as irrigation was practiced on but a small scale and population remained sparse. But as time went on the land be- came occupied by thousands who desired water for irrigation. Individual enter- prise and capital were unequal to the task of supplying this demand, and hence arose the stock company for the construc- tion of irrigation works. Canals were built costing hundreds of thousands of dollars, and water was diverted from every available source. Under this sys- tem many of the most prosperous settle- ments in the State were founded, and millions of dollars were invested, which bore fruit in the rapid increase of popula- tion and wealth. As time went on, however, it became apparent that, valuable as this method of irrigation development had proved, it pos- sessed features which were of an objec- tionable character. It tended to the crea- tion of a monopoly in water, by which the owners of land needing irrigation were at the mercy of corporations who had the power to increase the rates demanded at their own will. Obliged to have the water or see his growing crops perish from drought, the farmer found himself in a j most unpleasant situation, and a very little experience showed the necessity of so complete a wedding of land and water that the one should control the other, and there should be no diversity of in- terest. Then, too, all the easily available sources of supply were utilized, while there still remained many millions of acres of land desiring and needing irrigation. To pro- vide such lands with water involved the expenditure of vast sums, far beyond what private capital could be induced to invest. Storage reservoirs were seen to be a necessity, while the construction of ex- pensive systems of canals was needed to cover the vast area of arid lands that could only be mado productive through the aid of irrigation. Various suggestions were made to meet the emergency, and finally from the neces- sities of tho situation and the crystalliza- tion of opinion upon the subject arose the passage of the measure known as the Wright Irrigation law. As amended that law is given herewith, being the founda- tion upon which there is certain to be a growth through irrigation development which shall throw into the shade all that i has been accomplished heretofore. Thai ; law has ?tooti the tesrs of the cour< j been pronounced constitutional by re- peated decisions, and is regarded wher- ever irrigation is a necessity as an epi- tome of the best knowledge upon the sub- ject. This law provides for a district system of organization, by which the people in any given section, the lands of which are irrigable from a common source, may form an irrigation district simi- lar to all intents and purposes to a municipal corporation a city or county. Having determined upon the source of supply and tho most feasible manner of constructing the necessary t works, estimates are made of the cost oi such works and the people interested are empowered to vote bonds to defray that : cost. These bonds are a first lien upon I ail the property in the district to be bene- fited, and the payment of interest thereon A type of the effects of irrigation. and their redemption is to be made through taxes regularly levied and col- lected in the same manner as in the case of city or county bonds. Manifestly, such a security as this possesses features scarcely surpassed by any other that could be mentioned. Ifc is, in reality, a first I mortgage upon all lands in the district. But, unlike the money loaned upon mort- gages, the proceeds of these bonds are directly devoted to the enhancement of the value of the original security, thus giving them an added value which is sur- passed by no other form of bond. As will 1?9 shown in the discussion of the legal aspects of the situation, these ' bonds have exactly the same foundation as acity orcounty bond, and they should be as favorita an investment as such securities. No one, of course, will be so foolish as to put himself on record as indorsing the bonds o| each and every district that may be organized. There may be fatal defects in various respects that can only be ascer- tained by investigation. But the broad of the district to meet its obligations, just as in negotiating a loan on a piece of city property it is necessary to search the title, appraise the value, etc. Under the Wright law there have been some thirty-two districts organized, and bonds to a large amount have been issued. In some cases these securities have been used in payment for water rights and irri- gation works already constructed, but in the majority of instances it was expected to sell the bonds and devote the proceeds to the construction of the necessary works. Unfortunately, at this juncture an obsta- cle was encountered in the shape of a very general popular ignorance in regard to the subject. This ignorance prevented that confidence from being reposed in irrigation bonds as a security which was absolutely essential to assist in their disposition. While there was no avowed opposition to them, still the attitude of non-interest was as fatal to the inducement of investment from the outside as active opposition ; would have been. It became evident, therefore, that a cam- j paign of education was necessary, and int.) that campaign the CHRONICLE has entered heart and soul. The irrigators themselves have done good work during the last two ' months in obtaining the indorsement of prominent commercial bodies and busi- ness men for irrigation bonds. Their ef- j forts, however, have been handicapped in more ways than one. The lack of a con- cise and complete statement of the entire situation has been keenly felt, while the multiplicity of questions that arise re- quire yast labor and much time in ex- planation. In the present edition the CHEONTCLK has undertaken the (ask of presenting the entire question in such shapo that every possible inquiry can be met. The Wright law and all its amendments is given, so that those interested can study it for themselves and become familiar with all its minutiae. Concise summaries of the scope of the law are also ; ;;*m by ab)3 writers, so that readers with no taste for legal terms can, at a glance almost, under- stand just what the law provides. Supplementary to the law and its ex- planation, a history of the litigation which has arisen in various districts is given, showing the points covered by the repeated decisions of the Supreme Court, in every one of which the constitutional- ity of the law has been sustained. This portion of the history of the act should be read with especial care, as it affords tha clearest exposition of the various dis- puted points, an understanding of which will prevent much misconception and clear away a great deal of misapprehen- sion which might otherwise result in un- necessary litigation. Contributions upon the. subject of irri- gation trorn the pens of such able finan- ciers and business men as C. P. Hunting- ton, A. L. Rhodes, Francis S. Newlands and others are given, showing the estima- tion in which irrigation is held by then., as a factor in the development of the State and the building up of the wealth of ihe people. The value of irrigation bonds as a security is also touched upon in no uncertain terms, and their indorsement, coming from such a source, is one of the strongest that could be received. Supplementary to these papers are tho written indorsements of a large number of the most prominent bankers in this city and throughout the State, in which irri- gation bonds are recommended as a high- class security. Many of these indorse- ments come from financiers who have had an opportunity of personally watching the growth of wealth through irrigation enter- prises, and who are fully aware of the value of securities based upon such a foundation. * A particularly notable feature is the series of interviews with leading business men upon the subject of irrigation. These interviews are especially valuable as re- moving the impression that hag obtained to some extent that San Francisco was in- different to the development of the in- i terior. As will be seen from a perusal o ; the utterances given, the best business ' men of the city are fully alive to the fact i that the interests of San Francisco and of the interior are closely bound together so closely that influences unfavorable to one are equally so to the other, and what- ever benefits the one is certain to operate similarly to the other. There c;m be no escaping this logic, and it is gratifying to find so many willing to put themselves on record in the unreserved manner shown. An interesting portion of the accom- panying matter is that devoted to a sketch of the irrigation work done in this and in foreign countries. A graphic picture is thus afforded of the vast benefits con- ferred upon communities where irrigation is the rule. T'.vo immense increase in wealth is shown in an unmistakable man- ner, while the fact that the greatest growth in population and wealth in Cali- fornia for the past two decades has been in those localities where irrigation enter- ! prises have been most largely fostered is j demonstrated in the most convincing j shape. Many of the more notable instances ot the reclamation of desert lands through the aid of irrigation are given at length. It i certain that nowhere in the world j has there been such an entirely unique j development in many respects, and for j this reason especial emphasis is given to the wonderful work done at Riverside, Anaheim, Redlands and elsewhere. Those places are types of what may be expected wherever intelligent enterprise and suf- ficient capital engage, in the work of re- clamation. The CHRONICLE has, in a word, aimed in the present edition to present a full, im- partial and correct statement of the con- dition of irrigation as it exists to-day in this State. It has endeavored to leave no possible question unanswered, but to fur- nish the fullest and freest Information upon every branch of the subject. How well the task has been performed the reader can decide for himself. f San Bernardino mountains and Redlands valley. IRRIGATION ABROAD. WHAT HAS BEEN DONE IN THE OLD WORLD. and won! d y never 'be' 'su's'pected were it riot for tlie enduring monuments of stone lel't behind. The history of irrigation in the old world is full of interest to the people of the American Continent, since it af- fords so many examples for guidance in what is in most cases an untried art on this side of the Atlantic. Extensive Systems in India, Spain, Italy and France Sources of Great Wealth. Were one to undertake to write a his- tory of irrigation he would be obliged to write a history of the human race. The first man who undertook to till the soil, if we are to believe the biblical narrative of the erection, found it necessary to resort to irrigation, for we are told that the gar- den in which Adam and Eve passed the happiest portion of their lives was watered by a river which went om of Eden. That this is no forced construction of the sentence. "And a river went out of Eden to water the garden," is apparent from the fact that in all that region where the habi- tation of the first man is believed to have been located irrigation has always been a necessary adjunct to the successful culti- vation of the soil. The Bible, too, is full of allusions to the practice of irr.fration, onu prolane history from, the earliest times contains an abundance of proof tnai the u--es of water as an aid to agriculture were well known to the most ancient peopb. In Africa and Asia, too, are to be found the of v:>st systems for the and diversion of water. Massive dams and canals of solid masonry still remain, and in some cases are even yet in use, whose oritrin is lost in the mists of uii- tinuity. That there is nothing new under the sun is shown by the fact that the best engineering skill of modern times is unable to improve upon tho methods of people INDIA. whose very existence is but a tradition Tnst Canal Systems and Immense Area ' Irrigated. Like many another arc of the greatest j value to moderns, it is not improbable that irrigation had its birthplace in India. Certain it is that from the remotest times is has been extensively practiced, while, systems of storage and diversion are still in | use that have been in existence for thous- j ands of years. At the present time there ; are upward of 20,000.000 acres of land un- j der irrigation in India, and as the Eng- ] lish Government has taken an active part j in tostering new enterprises for the diver- ' sion of water, as the best means of pre- j venting or alleviating the periodical iam- [ ines that prevail in that country, large ad- j ditions are being constantly made to the j irrigated domain. In an address recently delivered before the American Society of Civil Engineers j at Washington, Herbert M. Wilson de- | scribed in detail the irrigation system oi j India, and a lew of the more salient points are condensed therefrom, There are three varieties of irrigation works in use in India. There are canals with a perennial How, those that serve to utilize the sur- plus in seasons of heavy rainfall, and those that are supplied by storage works. The streams which provide the perennial canals with water are far larger than any remains (, American rivers which are utilized for ir- storage , rigation. The diversion of their waters is accomplished by masonry dams or weirs of missive construction, which are so ar- ranged witii sluice gates that there is 110 clanger of damage during seasons of un- usually high water. Of all the irrigation systems in India the greatest is the^DgesmaiMl. Its head works are peculiar, the discharge of the river being much greater than the amount oFwaler needed, and the current swift,, while the bed is composed of bowlders to a great depth. It was deemed advisable to divert the water by means of a tempo- rary bowlder dam info the Hurdwar chan- nel, and this is kept open and separate from the remainder of the stream by an elaborate system of river training works. These temporary weirs ior there are three of them, one back of the other are destroyed annually by the Hoods and re- built etch year, this method being cheaper than to construct a permanent weir. This canal controls 10,440,000 acres, or which it irrigates 1,000.000 acres, and has 456 rnilos of main canal, 2599 miles of distributaries, 895 miles of escapes and drainage cuts, and its total mileage is 3910. Each distribu- tary would be a large canal in America, and has numerous masonry bridges, regu- lators and aqueducts along its line. Another great canal svstcm is that of thejSirhmd canaj in the Punjab. The di- us 5 per cent, and when iToing its n mum duty would realize 10 per cent, net profit on the capital invested, besides hir- nishing homes for many thousands of people, and largely increasing the aggre- > gate wealth of this" country. The chief inducement to canal enter- prise in America has not been mentioned, because it does not, exist in India. Tins, is the increment in value of the land served by the canal. There is no such increment available to private enterprise in India, because the Government is the sole owner of the laud. Here, however, where land can be purchascsd for from $L 25 to $2 50 per acre, and when irrigated will sell ior from $40 to $1'JO per acre, or bring an equivalent revenue, the increased return on an investment is obvious. The great extent of thf country, its topographical features, its enormous pop- ulation and the volume of its large river.s ._ ... permit and require canals of length and version works consist of the usual weir j section surpassing beyond all comparison with undersluices in it, and regulators at } any to be found elsewhere, unless it be in the canal head. In the first few miles the the single instance of the Imperial canal -T,, 1 1 ^^ i_ 1 J. 1 , _~, . ^ I in China. The great Ganges canal is arranged !' for navigation as well as for irrigation, its aqueducts and embankments being built , upon a scale which isunequaled in modern . times. The canal was built and projected by the Government. The other canals oi importance in the northwest provinces \ and the Punjab are the Eastern Jumna, the Western Jumna and tne Bari Doab canals, carrying from 2000 to 3000 feet of water per second and each several hun- dred miles in length. Passing from fall is great, and there are a number of drainage works, of which the Siswan Super passage carries 20.000 second-feet and the Budiu Superpassage 30,000 second ieet of water. The main canal and prin- cipal branches are in all 4950 miles in length, of which 503 miles are main navig- able canal, its discharge is estimated at 7000 second-feet, though it generally car- ries only from 3700 to 4000 second- feet. The gross area comm mded by the canal is 4,521,000 acres, of which 800,000 acres are irrigable. In the autumn of 1889 the duty of water per second-foot on the supply en- tering at the canal head was 119 acres or $113. The total original cost of the works was $12,000,000, of which, exclusive of cost of land and maintenance, $400,000 was for headworks, $6,500,000 for the main canal and branches, exclusive of $1,100.000 for ris'ht of way and navigation works, and $300,000 was for drainage and protective For 800, 000 acres of irrigable land the earthwork cost $4'J5 per acre; or our con- tract prices in the West being sny 10 cents per cubic yard, while theirs is but 4 cents this earthwork would have cost us $10 62 per acre. The inasonrjr works, such as falls, weirs, regulators and bridges, cost in all $2,400,000, or $3 per acre irrigated. Rubble masonry costs in India about $3 per cubic yard." In the West it averages say $6. Hence these masonry works would have cost us $6 per acre. Iii our works we would avoid the ex- pense of the numerous masonry bridges constructed in India. Say one-third can I be deducted for the cheaper material and less masonry work, and it would cost us Company, ail of $4 per acre irrigated. Drainage works cost enterprises, some Northern to Southern India one finds in the delta of the (Jan very, the Godavey and tne Kirtna rivers a comprehensive system of canals, no one of which, indeed, can compare in length or in dimensions with j those just named, but which, taken to- gether, irrigate very large areas in their respective deltas. 'These delta systems have enriched pcor ie and State alike. They have placed declining districts in a condition of high prosperity, and have produced this result in a very short time. Under the care of the British Govern- ment irrigation .enterprise in India is , making great headway. Among the sys- tems that have been commenced and par- tially completed within a comparatively ; receiit period are the Soonsekala and Bel- i lairy canals, from the Toombuddra river, ; 350 miles long; the Soane, just completed, : from the river of the same 'name, to carry 4500 cubic feet per second, with a capacity to irrigate about 1,000,000 acres; the Sir- hind canal, from the Sutlej river, to cost $15,000,000; the Lower Ganges canal, to carry 6000 cubic feet per second ; the Orissa canal, built by the East India Irrigation which are very large of them rivaling the about 73 cents more per acre, or say in all Ganges canal in magnitude and import- the Sir hand canal would have cost us i aiice. To these may be added the Agra $15 35 per acre irrigated, against $8 LJ j canal, from the Jumna, and the Eastern India. The water rates charged averaged 90 cents per acre irrigated ; we would charge at least $2; in some localities iar more. As the cost of construction in America would be twice what it was in India, while the receipts per acre are more than double those of India, it is not improbable that under similar circumstances such a work, Ayhen partially utilized, would yield Ganges canal. All of these except two have been built or restored by the Govern- ment, which owns all of them but one. Many of the larger canals have been < constructed for navigation as well as irri- gation, the toll collected from freight and passenger traffic forming one of the regu- lar items of the annual reports. Tremen- dous engineering feats "had to be per- iornied at, the head of some of the_big s, where tne Ganges and other j streams were tapped at the foot of the Himalayas. To carry the canal through certain districts the tracks of mountain torrents had to be crossed in many in- stances. Sometimes the torrents had to be diverted in other directions and some- ; times they were provided with broad channels of masonry to carry them peace- fully over the bed of the canal. Monster weirs had to be built across the big rivers v/hence the supply of water is taken, and the canal carried across broad streams on ; aqueducts. The Ganges canal, for in- j Riparian rights, as iney are defined by th> English common law, Iiave no existence in Italy. la a'lases when it is desired to mak use of water for irrigation the proper authorities must be applied to for permis- sion. After careful examination, if it be found that existing rights will not be in- juriously aliected and that no one will ba damaged by the proposed new works, a concession is granted. The act of conces- sion describes the quantity, manner and conditions of the diversion, conduiting, us- ing and of the restoration of the waters, stance, crosses the Solani river on an im- j the quantities required in the interest of ; mense aqueduct three miles Jong. The agriculture, industry, commerce and pub- aqueduct consists of earthwork ap- lie health, and names tne annual rent that preaches, which carry the canal across the is to be paid to the government treasury low valley subject to overflow, and fifteen for the use of the waters. The time withiu arches of masonry of titty feet span each which the full amount of the conceded across the normal bed of the river. Over waters has to be diverted and utilised, this aqueduct flows a stream 200 feet < under pain of lorieiture, is also specified, broad and twelve deep. j ami discretion is given a competens The financial results of the different authority to cut short this term when systems form an instructive field of ob- it becomes justified by delays in servation, as showing the vast difference the execution of the works. Temporary in the receipts in the proportion of outlay I concessions are made for terms no~t that maybe obtained from enterprises of i exceeding thirty years, but at the the same general character in our country, i expiration of such term the grantee has One canal system, for instance, Known as { | he ri 7 nt to obtain it renewal of his privi- the Canverv system, in the Madras Presi- le S es * r another term and so on sue- dencv, returns 81 per cent profit per cessively, saying the modifications which annum on the investment, and some of Altered conditions of the locality or of the tiie smaller canals even more than this, watercourse may render necessary in the On the other hand, many of the system* | agreement of concession. The renewal of sh -w an annual deficit, owing to the tre- j a concession may be denied when in the mendous cost of construction and propor- | preceding term the waters have not been ; tionatelv less cultivable land to supply ; Used > whe . n tlie privilege has been abused, with wa'ter. Takine the canals as a whole, or when, in the judgment of the adnnnis- ' however, they are a very good property, i tration, the grantee nas not used his priv- paying the shareholders on an average as ! lie 8f ' for the proper and specified purpose. When an application is made for a new n <4 , ] t P f r r { ank3 r U K haa i Privilege it must be accompanied by plans n calculated, afford a revenue of about f or the works proposed to be built for the Srt'io V? fl nored ' ln . concl 1 usio l n j diversion, conducting use and restoration * i l^ are presented to the which makes the ; prefecture of the province and are thence communicated to the provincial deputa- tions interested for their observations. landlord, obligation of irrigation peculiarly strong, and which at the same time injures a share of profit which could not inure to a private company. ITALY. Then the projects are puolished in the in- terested communities, notifying all inter- ested parties to be present at a specified time to present their views. The provin- cial civil engineer goes over the ground with the applicants arid other interested parties and reports his opinion. If it be favorable the desired concession is granted. From the foregoing it will bo seen that were the same system applied in Califor- nia much of the litigation and almost end- GoTeramental Control of Waters and Systems of Diversion. Both in the laws regulating the control water and in the appliances for irri- Italy stands easily at the head of ail the countries in whicn ihis art is prac- ticed. From the earliest times the im- i less disputes over water rights would be portance of an artificial supply of water' prevented, and that no such thing as mo- in the cultivation of the soil has been rec-H ^L^^?^ 11 '. ognized, and every effort has been de- voted to securing the best means for con- ,| and the ancient literature of that country ferrmg: the greatest benefits upon the j is full of allusions to this subject. The people at large. The result has been the' fi''st comparatively modern authentic in- establishment of a code of laws which 1 ;* stance ot a canal for this purpose is one ' ihhiR riv^r Ijy tfia in tl might well be patterned after by other J J, al \ en - rom the 1 Vel * ah / 5 l ia riv , e , r ling countries. . Cistercian monks of Chiravelle it will be of interest to glance at the more important features of the laws gov- erning this Mii.ject, as valuable hints may be derived therefrom. In the first place, ' tho waters of running stro-.sms are recog- nized us the property of the Government, or, rather, of the peoule as a whole, and no one is allowed to interfere with them without first obtohiing a concession. the the m o twelfth century. About the same time the Naviglio Grande canal from the Ti- cino river was built, and in 1520 the largo Canal Muzza was commenced. In th fourteenth century no irrigating work o a f the was end he Canal Martesana, one of earliest provided with locks, built. In the interval from th of the sixteenth to the begin- An Anaheim, colony home. ningof'the nineteenth century very few' works are constructed in the most sub- canals were constructed, the canal of Btantial manner, with stone-riveted banks Pavia belonging to the nineteenth Ifc in m ny places, and with solid masonry was, it is true, first opened in the four- kadworfcs, bridges, outlets, sluiceways, teenth century, but it fell into disuse, and Overfalls, syphoons and other structures. was only ordered to be rebuilt. by Napo- . Laws governing the practice of irriga- leon in 1805, bemg completed in 1819. ^ on occupy a very prominent place on In Piedmont the canal system dates the statute hooks of Italy, and the atten- froma later age, the first works having turn of legislators has been freouently de- been executed in the fourteenth century. Vo * ed to tbelr amendment. The prmci- In the fifteenth century there was con . pal point in the present irrigation laws of siderable activity in this kind of enter- ital y consists in the formation ot irigation prise, but in the sixteenth, seventeenth associations, much aflcr the fashion of the and eighteenth centuries there was but lm S afcl n districts of this State. The little extension ot irrigation. In the nine- canals are generally owned by the Gov- teenth century the canal of Charles Al- * rnment - They are under the control of bert and the Cavour canal from the Po the Finance Department, which has a were constructed, the last being worthy of * of engineers to superintend the re- special mention pairs and to see that the works are kept The principal object of the work WM to ! n efficient order. The usual practice is supply water to the canals already exist- l? r - the , Government to farm out ing, particularly at the low stage of tae tbe canals to contractors. These at- j rivers from which *hv Hr-ow *<>;... range with the cultivators for the u j ply, at which season tne'Po has generaliv distribution and measurement of water to spare. The originally estimated ** w cost was $7,070,000, but the contract ot the nder water, and fix the rate of payment, some restrictions. Disputes be- canal was let' lor no less than $8 875 000" tween * he contractors and cultivators are while contingent expenses, damages and jettled by the civil tribunals. Each canal other matters raised the total estimated form ? a district for administration, but it cost to $10,660,000. Then the purchase of ma f in . clutle more than one district. In the Crown canals a part of the agree- f ach district, under regulation prescribed ment and expenses accruing before in- by th . e government, the irrigafcors lorm come was realized brought the total associations, which administer the affairs sum to be paid out by the company up c d wit " the Distribution and use of to $16,600,000. The nominal capital of' the company was $16,000,000, but al-j applied to irrigation is 8290 cubic feet per though the Government guaranteed the second, not counting the supply of the interest at 6 per cent on that amount, ' Cavour canal. The total area of' irrigable from the time the work was opened, it never laud commanded by these canals is stated i went anywhere near par, its actual re- to be 1,335,680 acres. Deduct one-third sources never exceeding $12,200,000. It for roads, villages, marches, etc., the net failed and the works were thrown irrigable land will be about 900,000 acres back on the hands of the Govern- of which 300,600 are actually irrigated, ment. The Government at once went If one adds the scattered irrigation in the nf*tk~ M .i. ail d the canal was upper valleys of Piedmont not before in- In Piedmont the total quantity of water actively into the wor built. It is noble work. amounting to 180,000 acres, the total area irrigated is 486,600 acres. In Lombardy about one-fifth of the total area of territory is irrigated. Be- tween the rivers Ticino and Adda nearly nine-tenths of the surface, between the Adda and the Oglio two-tenths and be- tween the Oglio and the Adige one-seventh of the plain are irrigated. It is estimated that the aggregate length of the canals and their principal branches in Lombardy exceeds 4500 miles. To sum up it may be stated that Italy employs for irrigation more than 24,000 cubic feet of water per second, supplying een whose southern slopes and tFe" diterranean is a narrow border of 1 ping plain lands, only somewhat less ide, and less continuous and connected ian the seacoast plain of the eastern face i the country. K These plateaus receive as a general thing less than 10 inches of rainfall per year, of which total less than 10 per cent (alls during the summer months. The low plains of the eastern coast region re- ceive from 10 to 20 inches per year, of Which about 5 per cent falls in the sum- mer. Tiie south coast and the valley of 600,000 acres of land. It is estimated the Genil rece ive from 20 to 30 inches ol that there has been expended for the irri- (rainfall, but only about 5 per cent falls in gation of 1 000 000 acres m Lombardy not j the summe r; while the valley of the Ebro Jess tnan ^200,000,000. This expenditure receives about 15 to 20 inches* with onl y 10 has been spread over ,00 years, and has L er cent pre sented in summer. In fact, s Lombardy a garden, h^, less elevated parts of Central Spain .y resent a climate quite similar to that of In- terior California, while Eastern Spain has Ifce Source Whemfe California Derived J n characteristics of the Los Angeles val- Its Irrigation Customs. }/ f^ productions also being almost The practice of irrigation in Spain pos- i de tlcal m ^ Q couplets above named, eesses peculiar interest for Calif ornian-?, jmtion' Alfalfa is a standara grazing crop' Bince it was from that country that we de- a i s o irrigated; while grapes and temper- rive many of our custom;* in that connec- ate zone fruits are irrigated or not, accord - tion. It is true irrigation was practiced mg to the peculiarities of special localities. in Mexico and South America long before On the low Plains, and in the low valleys the Spanish occupation, while in Arizona %* g^^ffgg^^ are the traces of irrigation systems con- flourish, the ' grape is cultivated princi- Btructed by a people that were extinct cen- pally for raisins, and the presence of the turies before the Spanish conquerors date palm and other semi-tropical fruits landed on the American coast. The mark the similarity to our plains and yal- foundation of the irrigation system of Cai- }e ^ s of Los A "" t e leH and San Bernardino, ifornia, in fact of the entire country, was Bnd the^possess^o'n of water^ights follow bid, however, by tho Spaniards who t ho same lines that are peculiar to Cali- founded the missions on the Pacific Coast, fornia. In some cases the water right and to them should be given the honor of belongs to the land and cannot be sepa- iriaugurating the system to which, more ^ted from it. than anything else, California owes the g^ni^riVthe proud ppsition which she occupies to-day. Spanish" and "Mexican Governments in The irrigation systems of Spain possess California carried the water with the land. till further interest for us, because the* The two were inalienable, climate of that country corresponds more In other instances Spanish irrigators nearly with that of the irrigated regions who are owners of land rent the water for of California than any other country. a stated sum and at stated periods, exactly It is in the central portion of Spain that as is done in this State "in cases where irrigation is most extensively carried on. large corporations have appropriated the This is a region "something like 300 miles water and constructed expensive storage square, and is composed of a series of und distribution works, graat plateaus, separated from each other Many conflicting laws and customs ob- and bounded north, east, south and partly tained in Spain in regard to the control of on the west by ranges of mountains, irrigation waters, and it was not until a These plateaus lie at elevations between recent date that any uniform system was 600 and 3500 feet above the sea, and slope j adopted. Under the laws passed within generally from east to west. The moun- jthe past fifteen years, however, the Gov- taius on the east present a continuous ! eminent assumes control ol all canals of formation as a chain, and rise to but rnod- (irrigation and navigation, wholly paid for erato heights above the hills bordering tae plateau plains, but their eastern lopes are abrupt, and dropping to near the level of the sea. leave a narrow fringe The sale of the land car- national funds, and all national river "works; aiso the presenting or approval of police and administration of the use of public waters and streams in all of plain land between their feet cases. Tho provinces have administrative and the Mediterranean, behind control of works of irrigation and irriga- which they stand as a high, jtion pertaining solely to their sev- rug^ed range. North of the plateau re- jeral territories and those paid for gion, and lying between it and the feet by their funds. The State may accord Of the Pyrenees, is tho valley of the Ebro, to a private individual, association, corn- near 200 miles in length aac 5 irom fifty to 100 linunit-y, company, municipality or pro-, ivule, opening out upon the Mediterran- vincR the privilege of conducting any ean toward the east. South of the plateau enterprise which would come under its region lie the vaJieys of the Guadalquivir control. A province or a municipality and the Genii, sloping in the opposite di- may delegate to others its right of con- fection from that of the Ebro, and open- Btruction and immediate control of muni- Ing out on the southwest coast of the cipai water works, but neither the State, country. South of these last named municipality nor province can fori'eit its valleys lie the Sierra Nevada mountains, right of ultimate administrative control and regulation oi' works and waters. Th,0 btate is empowered to grant sub- : sillies in aid of the construction of irri- Tiiese may consist of a mono iot to exceed 30 per cent oi f tlio --.vorks. of a premium of $Hl5 for each cubic foot per second oi continuous flow (ioveioped, and of A !ur- tbor premium of $8 an acre for all the land irrigated. The Government reserves the right to expend under its own suoervision all the money furnished under the i$0 per cent regulation. When communities of irrigators wish to construct works to supply their own lands the Government will subsidize them to the extent of 50 per cent of the cost of the works, and will also advance the other 50 per cent as a loan, to be repaid in small installments. This, it will be observed, meets most effectuully the difficulty that is encountered under our district system j in disposing of the bonds for the construc- I tion of works. When syndicates, companies or indi- viduals apply for a concession for the con- struction of irrigation works the Govern- ment undertakes the preliminary survej^s, the expense of which rmist be refunded by the applicants, and if, after due investiga- tion, it be decided to grant the application a concession for a term, of ninety-nine years is offered at public auction to the one who shall agree to carry out the terms thereof at the least expense. If two or more bidders name the same sum, then the concession is awarded to the one who shall agree to re- duce the subsidy premium the most. If the offers should still be equal on this point, then the concession is given to the bidder who places the tariff for irrigation at the lowest rates. After the concession is granted to the successful bidder the time is specified within which each section of the work is to be completed. Forfeits are predeter- mined and agreed to for partial failures. Extensions of time are granted only when unforeseen natural circumstances are the cause of delay. Concessions are forfeited upon non-compliance with conditions. Such forfeiture is declared by the minis- ter, and the enterprise and works are sold } at auction for the benefit; of creditors and the grantee. Companies or individuals having con- cessions of. this character are required to pay taxes on the lands owned by them, out under the general law of waters their capital and works are exempt from tax- ation. i Koine interesting facts can be learned - i from the following statistics in regard to a ; ' number of the most prominent irrigation enterprises of Spain. They afford in- structive comparisons in respect to the ' average duty of water, the cost of con- struction, and the average expense per i iacre of furnishing water. Among the principal^oanals are the following: Caroline J. Swyney__. C CANAL. Aragon & Cat 104.8 Ebro Urgel Isla Henares Jaca J Guadalquiv'r , Guadiaro ' Genal i De la Oiiva.. Mediodia - De la Obra. . . , Guadiaco Gevora l Guadalentin. Guadelete Duero DarechadelG Guadiana Escation . . . 41.5 45.9 24.8 2S.5 10.5 40.5 42.8 14.3 3.1 23.4 6.2 7.5 11.2 24.8 13.0 31.0 37.8 39.0 10.5 II 1,250 i'is'6 232 180 45 534 64 22 36 18 4 7 45 107 53 150 107 200 11 257, 32,180 242,140 22,770 28,400 2,050 53,030 4,450 1,480 2,260 8,180 610 817 4,110 21,740 4,010 19,760 9,000 16,000 750 000 $6,000,000 Cost. 3,723,000 3,882,000 630,000 946,400 49,100 1,939,000 133,600 32,400 18,300 373,000 5,400 24,600 73,400 302,800 107,000 866,400 133,400 489,800 43,800 Of reservoir concessions the following are among the more notable: NAMB. Capacity in cubic 'feet.. Extent Irri- gated Acres Estimated Cost Torralba de Ri- bota Isbert 1,505,000 558 $5,300 420,000 39,700 50,000 245.500 5,000 1,562,400 65,200 Arbade Luesia Monteugudo. . . Hijar 79,835,000 227,500,000 420,000,000 2,135,000 4,440 1,531 7,460 494 Elda Puentes Mezalocha 280,066,000 3,400 The valley of the Ebro is the scene of ' the modern" works and of present progress in irrigation, while the valley of the Guad- , slquivir is the scene of ancient as well as ' of very recent irrigation enterprise. But the irrigated Spain of which the world has heard the most is that handed down from the times of the Moors, in the valley of the Genii in Granada, and in the val^s and plains opening out on the east coast i of the country, where lie the garden lands of Murviedro, Valencia, Almansa, Ali- cante, Elche, Orihuela, Murcia and other irrigated and highly cultivated districts. Unlike the case of the great irrigated val- ley of Northern Italy, the irrigation dis- tricts of Spain are very much scattered and subjected to pl^sical conditions varying among themselves. According to the official reports, ths area of irrigated land in Spain is 4439 square miles. The principal canals irri- gate some 750,000 acres. There are many small canals and a few tanks or reservoirs, which increase this prea considerably. Accepting the officinl reports, the great bulk of irrigation is done by wheels and norias. These wheels have buckets or jars attached to the circumference, by means of which the water is raised. The motive power may be the current of the river, or it may be animal power. The remunerative character of this mode of cultivation can easily be shown. Near Valencia irrigated land is sold at from $700 to $900 per acre, while land of the same quality not irrigated only fe'tches $80 or less per acre. Land near Madrid is increased in value by irrigation Jrom ~ADout7Cast.eilori Ufir, lively liberal form ot goVemmenramT average prico of irrigated land is $700 per amid a free and enlightened people. Th e acre and fo r 'vn_iiifri ***! in >.,] *:-A /-, . , . * . ". acre, lu the for non-irngated land $50 per : Government of France has of late years yaiiey ot the Esla Irrigated specially encouraged irrigation in a vari- and M, worth $600 per acre and dry land - ety of ways, and here one finds examples 5f>oO. Spain, indeed, may be described as a -*-'*-- - country where the water is more valuable than the land in a ratio of from five to twenty. The Spaniards have an experi- ence of 1000 years behind them, and they ought to be convinced of the value of tins mode of cultivation. There is probably j of irrigation enterprise both ancient and modern, and of all grades and forms ot organization, from the small private ditch project to the large, costly and complete canal system, wholly built and managed as public works of the nation. , ___, , As a general thing, however. Franco is no part of the world where water is more Ness an irrigation countrv Irom necessity carefully applied, and there is certainly and for general profit than is California no countrv where t,h lnronc man is uamorma, of France, with exceptions limited to small regions, receiving from sixteen to thirty-two inches of rain each year, while ours of California receive only ten to eighteen inches as a general rule. The necessity for and value of irrigation in France was not sufficiently appreciated by the generations past to bring about a general sentiment in favor of national en- couragement to irrigation enterprise. Irrigation there, as in California, has been until within the past few years looked upon more as a local necessity , than as a valuable auxiliar}' to genera'l soil, while there are still other extensive ! agriculture. Hence there has not been sections where iarming operations are j that widespread appreciation of the sub- possible without the artificial application II ject among the people of France which we of water, though made much more profit- ! might expect to find recorded, able by that process. The lands are very generally held in The departments of the Mouths-of-the > small tracts, and close and thorough til- Rhone and of Vaucluse, in Southeastern lage has taken the place of that wasteful France, where irrigation is most common, J out easy one of water, which is sometimes j ;re in a region of wide open plains or roll- j< substituted for skill and industry. The j ing lands near to the level of the sea, 1 generally humble condition of the peas- ant .proprietors may be judged from the fact that when the association for the Canal de 1'Isle (Vancluse) was set on foot in 1845 there were 1414 subscribers, ot whom 1095 desired irrigation for tracts less than one hectare (2.47 acres) each, and out of the whole number only four subscribed lor areas greater than ten hec- tares (24.7 acres) each. The St. Julian where the temperature is high and rainfall very light, and artificial watering of all crops is an absolute necessity, even on the richest of soils. In the department of the Pyrenees, in Southwestern France, a peculiar irrigation of natural meadows and other vegetation is found in the mountain valleys high above the level of the sea, with destruc- tive meteorological surroundings, while along the base of these mountains irriga- tion is again found on extensive plains and rolling lands of moderate elevation and medium range of temperature and precipitation. In the department of Vosges, in North- eastern France, is found that peculiar ir- canal, eighteen miles in length, irrigating from 6000 to 7000 acres, is the property of an association having 20CO me mbi'r.i, and the Crillon canal, irrigating from 1000 to 2000 acres, has 750 subscribers. The French laws governing the owner- I ship and control of waters in running ; streams have undergone many changes, . rigation of meadow lands where water is and have been productive of a great deal used almost continuously, notwithstand- | of litigation. It is a well Battled principle ing heavy rains well distributed through- \ now, however, that all streams and parts of streams that are navigable belong to the public domain and are subject to the control of the Government. The Govern- ment has the power at any time to declare any stream or portion thereof navigable, and thus assume control of its waters. out the year. In Northwestern France artificial water ing has reclaimed and jnado productive and populous vast tracts of lands formerly barren and covered with drifting sands or scanty natural pasturage. Throughout France market gardening and fruit-raising are largely dependent upon irrigation, which is very extensively practiced for these purposes, 'as well as for growing fodder and plant* used in manu- facturing textile fabrics and dyestuffr. Of For a long time it was claimed that unnavigable streams belonged to the parties through whose lands they Mowed, but this position is not recognized by the Government, which holds that all such streams are the com- late years, too, the application of water on ; mon property of the people. Riparian vineyards to orown out or prevent the | proprietors hava certain rights to the use spread of phylloxera has become quite of water for irrigation, but do not possess MI-I it: Hiroi-. with the aid of water. authorities, accompanied by plats of the district to be irrigated, a list of subscribers, plans for the works, and evidence of the financial ability of the applicants to carry out the project. Public announcement is then made, and the interested parties are given an opportunity to be heard ior or against the plan. It', after due examina- tion, the plan shall be made to appear feasible and work no injury to any one, the authorization to commence work is granted. After the Government has authorized the construction of the works it is in a manner accountable for tho meeting of the engagements of thy organization which has undertaken the taak. The assessments levied on the prop- erty-owners interested are collectable as taxes, not only by the officers of the s} r n- dioate or company, but by the Govern- ment itself, which may, if necessary, in- terlere and force collection so as to make good tiie debts of the district. .Lands may be condemned for the use of the district, and all the lands that may be benefited by the construction of the irri- gation works are put under contribution. When two-thirds of the land has been subscribed for the other third may be forced to contribute its share to the ex- pense. In order to encourage irrigation the j, Government not only advances the funds " needed in the construction of works, but also agrees not to raise the assessed value of lands to be irrigated over that given before irrigation for periods varying from twenty to thirty-five years after the water has been put upon them. What a boon that would be in this country may be judged from the fact that through irri- gation land has been raised in value sev- eral hundred per cent within half a dozen . It will bo of interest to note some of the ' leading features of the terms upon which I concessions have been made for the con- ' struction of extensive irrigation systems. Thus the canal of St. Martery, built by a syndicate of English capitalists, was au- thorized in 1S66 in the Department of the Upper Garonne. The period of the con- cession was fifty years, and the Govern- ment granted a subsidy of 3,000,000 franc?, to be paid in ten equal installments. Loans were also authorized to be made by the department in which the works were located to the amount of 4,000,000 francs. Some 34,000 acres of land were to bo sup- plied with water upon the basis of a cubic foot per second to ninety-three and a quar- ter acres. The price oi water for irrigation was fixed by the Government at from $1 95 to $3 91 per acre annually, according to the time when application was made. Tho company was also obliged to lend to each land owner subscribing, should he so desire, tiie sum of $7 69 per acre to prep ire his land for the reception of water. A prominent feature of ail the great irrigation enterprises of recent years in France has been their subsidization by the Government, an immense amount of money having been so expended during ! i the past twenty or thirty years. AUSTRALIA. Great Progress Made Under the Caro of the Government. Irrigation in Australia is of compara- tively recent date, yet a good beginning has been made, and as the benefits of the S3'stem have become more apparent the area supplied with water is certain to be constantly enlarged. There is no lack of running streams in Australia to supply water. The principal rivers of the eastern watershed are the Hawkesbury, the Hunter and the Clarence. The Hawkesbury is 330 miies in length the Hunter 300 miles, and the Clarence 240 miles. All the rivers of the eastern water-shed flow into the Pacific ocean, and are estimated to drain an area of about 50,000 square miles. The prin- cipal rivers of the western water-shed are the Darling and its affluents, the Lach- lan and its affluents, the Murrurn- bidgee and its affluents, and the Murray and its affluents. These rivers all eventually unite with the Murray, which empties into Lake Alexandria, near Adelaide, South Australia. The Darling river is 1160 miles in length. It drains, with its affluents, an area of 198,000 square miles. It is, however, a narrow stream, and is navigable for only very small steamers. The Murray river is 1120 miles in length. It flows westerly and northwesterly through the whole of New South Wales and Victoria, and, as already staled, empties into the ocean near Ade- laide. The average width of the Murray, from Monara to Alburj r , is about 240 feet, and the area drained by it audits affluents is 270,000 square miles. There are no large fresh water lakes in Australia, and indeed, with the exception 01 a few estuaries of the sea, they are all shallow and untrustworthy for water sup- ply. In most cases they are mere depres- sions connected with the rivers, and re- ceive their water only in times of flood. It is maintained in the report of the Royal Commission of New South Wales tor the Conservation of Water that there are three lakes in the course of the river Darling, each of which has an area of sixty square miles, and their capacity is shown by the fact that when rapid falls occur in the Darling the overflow from them keeps the river navigable for nearly a fortnight longer than it would be otherwise. This, the report says, is an important feature, as the outlets from the Darling are in their natural stats and with few exception;* no attempt has been made either to. in- crease or regulate the supply of water. In the lakes east of the Darling, in the county of Livingstone, an almost perma- nent supply oi water is kept through the construction of a dam across Tallawalka creek. The cost of this, about $20,000, was incurred by the lessees of the land. It is said that this data threw the water into a, series of lakes extending north and south a distance ot eighty miles. The report of the royal commission states that the levels of the country be- tween the Murray and Murrumbidgee show that It is well adapted tor the con- struction of c aials. The country between the Lachlan and Murmmbidge'e is more irregular, but the vast area lying between tho Lachlan 4 and the Darling, which ap- pears as a blank on the maps of the col- ony, possesses some well-defined features. For instance, the waters of the Darling and Laclilan are ordinarily separated for about 200 mile?, but in time of flood they spread out to within a distance of twenty- five or thirty miles of each other. The most remarkable artesian belt in Australia occurs in the Liverpool plains, in i ihe northern part of New South Wales, but very little has been done to develop it. In the early history oi the country water was very scarce in that district. All the rivers and creeks in the summer were ( turned into sand tracts. Wells were sunk there arid the water has continued to flow from them ever since. The greater pact of the district is wnat may be called good | boring country, and little trouble need be apprehended from the swelling of the sur- faces of the bores, as little soapstone is met with. So much is said about the drought of Australia that very few persons are aware j that tne average rainfall in ali the colonies will compare favorably with that of other countries. In New South Wales, a terri- tory of 310,000 square miles, the average rainfall is 24 inches, at Sydney it is about 50 inches, at Eden it is 70 inches, but in the flat country it is only about 10 inches, The average "rainfall in Queensland is about the same as that of New South Wales. The former colony, however, ia more subject to tropical ruins than the latter. The rainfall, therefore, in Queens- land rises in some districts, as for instance Johnstone river, to 123; in other places the average is as low as 8 inches. At Adelaide, South Australia, where there are no high coast ranges to arrest the drift of the clouds, the rainfall is as low as 20 inches. At Fort Augusta it fall-* to 8 inches. At Perth* Western Austra- lia, the average is 31 inches, but at Cana- roon, in the same colony, it does not aver- age more than 6 inches." At Eucia it is 10 inches. The rainfall in Victoria varies from 63 incUes at Cape Schanck to 12 inches at Wycher proof. At Melbourne it is about 25 inches. The trouble, however, in Australia is that whenever there is a diminished rain- fall the effects are much more disastrous than in other places, on account of the great heat of the sun and the absence of more general cultivation. A dimin- ished rainfall of 50 per cent has Ht times desolated va~t tracts of country. The report of tho New South. Wales royal commission, however, states that while one part of the country suffers from a diminished rainfall other parts have an average supply, and others again may be favored with an abundant fall. In 'the basin of tho Darling, excluding the hilly portion, the rainfall is 12.yi inches. In the plains between the Lachiati and the Murrumbidgee it is 16.33 inches, and in the corresponding district between the Murrumbidgeo and the Murray it is 14. f/G inches. These raintalls would be suffi- cient for ordinary crops of cereals if they came at proper periods, but the report o"f the commission admits that they do not. It says that as a rul in tl^ese district! when rain is most needed it comes in such small quantities as to be of little or no, use to vegetation. One of the most difficult questions with, which tne Australians have to deal in con- nection with the subject of irrigation is the best means for the storage of water. There is no doubt that rcost of the rain- tail is of a temporary benefit only on ac- count of its tropical character, coniin^, us it does, in vast quantities when it is not * needed. Ths Government astronomer states that rain foil to the depth of 10^ inches at Newcastle in loss than two hours and a half, and that at the South Head, near Sydney, it fell at the rate of 1 inch per hour for more than twenty hours. Tiie report of the New South Wales royal commission recommends the establishment ot large reservoirs at the heads of the principal rivers in order to store the surplus waters for irrigation. The colonial Government in leasing or i selling public or crown lands reserved of late years land deemed essential for the purposes of water supply present and fut- ure. This has brought up the whole ques- tion of "riparian " rights. The Surveyor- General required his assistants to select and recommend for reservation and pub- lic use "permanent water holes, springs and parts of rivers desirable for water sup- ply." These instructions have been reason- ably well followed, but the commission consider that more intelligence and dis- cretion would have resulted beneficially in securing a larger reservation of water- bearing and storage areas. In order to avoid the conferring of riparian rights more or less definite in char- acter the official also requires his subordinates to omit meanders and con- tours in the matter of swamps, lakes, ponds or lagoons found within hinds to be alienated from the Crown. The surye}' is to be run ou right line?, thus avoiding all boundary issues. "The doctrine of riparian rights, which obtains under the common law of England, is not iipplica- 1 ble to the conditions of Australia," the commission reports, and "it is calculated to be a very serious obstacle" to Austral- ian progress. The colony of Victoria, having by enactment reserved from sale i'.H river or stream frontages, is relieved from the dread which r;parivm claims al- ways produce in an arid country. In New South Wales, however, these difficulties have arisen. In the matter of legislation the New South Wales Commission made recom- mendations in the form ot a drnfced act, which has since become law. This act iefines "water rights, National adminis- tration, district administration, water trusts, drainace works, navigation mat- ters," and "offenses and penalties." In the preamble it is declared that the meas- ure is designed to "define the public right" in rivers and streams and their natural courses in stiil-waiers, similarly conserved, and to create a system for the "conserva- tion and distribution" of the waters flow- ing orcontained, whether above or beneath the surface of the ground. Much progress has been made in all the Australian colonies in the matter of irri gation. The laws are largely founded upon those of Spain, France and Italy and have been found to work admirably. The full cost of Aus:ralian 'colonial : works up to 1383 for watar supply and sewerage was ns follows: New South Wales $19.198.485 ' Victoria 2;>,725,750 Queensland 2,705,110 Total $4.8,629,3 15 Up to 1888 there were in New South Wales 248 artesian-well borings. Of these 134 flowed fresh water, 77 had saline flow, 11 were brackish, 2 were mineral, in 10 cases coal was struck, and of 7 no record is given. A later return (1889) gives for \ this colony, in public works, 110 tanks, 27 artesian wells, 9 dams and 7 other works 153 in all. In process of construction ' were 52 bored wells, 21 tanks, 3 dams and 1 weir; 77 under way, or 230 works in all. ' /The expenditures made by the Colonial Government direct for pastoral waters up to 1888 have amounted to about $17,500,000. The colony of Queensland has but just commenced the work of water conser- vancy, and the lin.es of its policy shape themselves for botii pastoral and agri- cultural supply. In New South Wales the public exertions and aid have been in thj direction of town and pastoral supplies. In Victoria, besides large town works, the trend is directly in aid of agricultural irri- , gation. In 1888, there were 50 water trusts in ! Victoria, 30 urban water districts, and 1.1 others proposed and lorming. Of the town trusts, 20 wore of a loc:il character; 10 other:> were constructed by the colonial Government. Thore wro 6 other works formed of swamp districts. Tneso covere-J in all about one-fifth of the area of Vic- toria, or some 17,000 square miles. Up to the close of 1885 the accounts of the col- onial department of water supply stood as follows : Amount of authorized loans $3,988,840 I Amount paid to corporations 3,930,84:0 Cost of maintenance 44.7,971 Interest due 3:23,048 Revenue received to date 1,397,083 Principal of loans repaid 301,904 The- season of irrigation for 1891 will probably *ee a great improvement. Several crusts will bo able to deliver water. In 1892 about one-half of the twenty-five will do so. The total advances that will be made if they carry out their improvement will be only 1,168.000. The security will be 1,440,000 acres of land, worth without irrigation 4,000.000, with irrigation double that sum. The national works will cost about 1,000,000. The total expenditure, therefore, will be about 2,000,000 sterling. The colony has a revenue of 8,000,000. It has expended 30,000,000 on raiiwavs. The expenditure of 5,OJO,000 will reclaim land worth 11,000,000, covering about | 3,000,000 acres. Source of supply for }em and Tulars district. IN CALIFORNIA. WHAT IRRIGATION HAS DONE FOK THIS STATE. Wealth and Population Increased and Deserts Made Productive- Prospects for the Future. scarcely he believed werw .lot ihs accounts known to be absolutely correct. Nothing can batter illustrate tha effects which irrigation has had upon the growth of California than a comparison of the condition of the State twenty yo::rs nso with the present status. Taking the cen- sus for the three last decades, the popu- lation was divided among the counties as follows: 43 77120 . 62 2G ( J Leaving out of consideration the first impetus given by the gold raining era to California, it may be as- M im not ^ fo announce fho serted as a fact Susceptible of ready proof - Mining> chemistry, or Engineering) they that no other element has done moro than -eond year. the practice of irrigation to build up the wealth and population of this State, and , BY CLASSES. in the future it is equally certain that Science, nothing else will have so potent an effect _ 12 in the same lines. So much greater are _ -jg the returns from irrigated lands by com- 29 pamon with those which are not supplied "~~ 2 n with water, ana so capable are such lands of sustaining the densest population, thai 79 it ia self-evident such must ba the ___._ case. It is only through irrigation that , land can ba brought into the most highly productive state, and it is no exaggera- tion to sav that, the returns secured by ! d S( , )me of the Sl> f \ al Course Students, are the irrigating farmer are from 100 to 1000 t with 80mo ono of the Colle S es ' *"* of per cent greater than the best efforts of lc the non-irrigator can obtain. So great are tho rewards of the irrigator that a half dozen acres carelully cared for will yield a larger return than a couple of hundred acres farmed without irrigation. Much of the experience of irrigators in California ia of so marvelous a character as to be almost incredible, and could indeed Letters. 29 16 8 47 120 Total. 41 3-1 57 67 199 . 69 . 268 COUNTIES. "0 4 Copulation Census 1880 Copulation Census 1890. ...... COUNTIES. Hoed Vulimtion. 1870. 1880. 1890. ! Alameda... Alpine Amador Butte Calaveras. . . i Colusa Con. Costa. DelNorte.. El Dorado. Fresno Humboldt. Invo $11,786,381 378,60 2,241,07C 8,484,014 1,089,787 4,339.041 2,802.657 454,902 2,143,941 3,219,230 2,138,660 G30,259 1,974,856 801,21)1 590,997 6.918,074 8,588,449 1,197,498 2,523,78 3,202,45, $49,298,44< S66.69S 2,872,38 f 12,898,09^ 2,608,81* 17,S75,77: 8,170.52: 820. 25( 2,909,7; '; 7.533,327 6,607,38t 1,177,562 5,858,881 2,556,274 1,303,43C 18,502,652 8,924,530 1,465,243 6,373,98, 6,441,416 1,833,058 2,305,43: 8.076,874 9,182,661 9,061,990 "7,999,343 2,100,802 25,748,293 8,838,935 3,630,746 4,995,469 253,520,326 27,463,315 4,668085 7,764^410 5.487.053 25,530,723 6,596,512 2,813,577 1,741,587 3,724,857 12,124.576 18,802,858 9,730, 5,036,723 1,580,650 5,307,354 18.281,502 28,833.942 15,205,109 9,271,775 10,947,811 1,186,555 21 ."42,827 8,0':. 7,05: 19,5J)S,649 6,670,340 i,0f;o,;-:flo,2:>6 Alameda Alpine Amador Butte Calaveras Colusa 2-1,23' G8: 9.5SL 11,40!- 8,89;' 6,1 6r 2 022 10,809 e.sae 6,14C 1 Q o6 62,975 n,8s 18,72 9,09 18,11 12.52 2.58 10,68 9,47 15,51 2,92* 8,60 6,59 3 3tO 93,516 607 10,315 17,904 8,970 34,61} 18,503 2,570 9,2C6 81,877 23.424 3,544 10,031 7,103 4,141 101,410 12,643 3,317 17,573 8,062 4J936 2,013 18,658 16,304 17.375 13,564 15,089 4,916 40,508 6,890 25,486 JM.j-.7s - 297.990 28,570 16,179 ' 10,054 15,730 47,895 19.241 12,109 , 5,047 J 12,150 20,485 32,691 9,992 5,465 - 9,878 8,685 24.875 6,028 12,084 9^56 Contra Costa. .. D-l None El Dorado Kern Lake.... Fresno Humboldt Inyo. . . Lassen : LosAngalea , Mariu Mariposa.. . Mendocino. Mercea... . Modoc Kern 2.925 2,969 1 3'>7 Lake Lassen Los Angeles 15,309 6,903 4,572 7.515 2,307 33.37' 11,325 4,339 12,801 5,656 4,309 7,409 11,802 18.235 20,827 Mar in Mariposa Mendocino Merced Mono Monterey.. Napa Nevada... .. Orange Placer ?luraas Sacramento. San Ben i to.. S16.176 3,S69;8i' 3,9.12.906 5,871,OC6 ' '4,'06,V.6S9 1,209,600 11,187,764 Modoc Mono 403 9,876 7.1 G: 19,134 Monterev Napa...: Nevada Oramrs. piacer ..'.::'. Piuinas Sacramento San Bonito San Bernard 1 ' MO. San Die so San Francisco San Joaquin S-in Luis Obispo. Si. n Alateo 11,357 4,489 2c;,880 :V,ass 149J478 21,050 4,772 6,635 7,784 26,2-46 8,743 4,17:3 5,619 16,871 19,810 6,499 8,218 10,851 14,226 84,893 5,584 7,78!) S.filS 438,956 21.851 9,142 8,fc69 9,522 35,039 12,801 9,492 6,628 8,010 18,425 25.926 8,751 5,159 9,802 4,998 11,281 7,848 5,073 11,772 11,270 San Berdino San Diego... S. Frail cisoo San Joaquin S. L. ObLspo. , San Mateo.. I Sta. Barbara ' Santa Clara. Santa Cruz.. Shasta Sierra Slskiyou Solano Sonoma Stanislaus... . Su'tor 1,202,482 2,583 957 116,375,9,88 7,883,220 2,871,056 1,901,955 2,882,526 11,813,882 2,897.120 1,146,118 2,175,372 2,154,210 6,945,725 6,920,006 3,423.8(W 2,408,295 2,058,487 596,161 8,453,76^1 1,180,224 ' '4,752,605 3,986,505 .: Santa Barbara... Sauta Clara Santa Cf uz Shasta Sierra Siskiyou Solano. . Sonoma Stanislaus Sutter Teharna.. . Trinity Tularo Tuo] 'rain e. . Ventura... Yolo Yuba. Tehauui Trinity Tularo Tuulumne Ventura Yolo Yuba Totals Totals The seven showed the ibr the twen Los Angeles. San Diego. .. San Bernard! Kern. . leading following ty years c 18 .. $6,0 irrigation counties remarkable increase overcd : 70. 1890. !>i.074 867,121,610 *9,357 27,703,520 >:J,4,o2 22,490,140 "4.856 K),3&rM54 ";,7iK> I'l.,74.'.>,b27 '- . 35,5:,;, ;2,455 13,368,921 nine- tenths of this wealth is due to ses that have been ties referred to. recently issued bv gent in charge o't Cation, contains a o present status of , and it will ue lib- The information is character and caa- uspected of any ex- ig development of ony life which irri- ids to produce has i during the past fleet may be upon i 560.? 17 8fi4.fiSf, l.oO.v'W The principal irrigation centers Stato are the counties of Los Ange Diego, Sail Bernardino, Kern, : Fresno and Merced. In the tvven from 1870 to 1890 the population < counties will be seen to have incr a far greater rate than an;/ other o terior counties. These, 'figures a worth studying: 1870. Los Angeles i R .'?OQ of the ies, Sun Tulare, L .y years >f th se f sasted at the in- re well 1890. 101,'AIO 34,878 25,480 10,031 84.875 31,877 8 ; 1(>2 igating o their greater tsida oi taxable " 70, 1880 i Board 25.' no... 1,2( !,' 'i /tr Tuiare Fresno 3)2 " Merced 3,2( It is safe to say that remarkable increase ir the irrigation enterpri jarried out in the cour The progress report R. J. Hinton, special i tae irrigation investi complete epitome of tt irrigation in this State erally quoted from, of the most, accurate not for a moment bo 5 agireration. The most astonishir the small farm and col Cation so rapidly te been seen m Oaliforni ten years. What the e San Diearo 4,951 3,988 2,925 4,533 San Bernardino.. Kern Tiilare Fresno 6,336 2,807 r>f the in rtionato is in far uti.es ou The itios in 1 the State vws: Merced The increase in wealth counties has been propo growth in population, am proportion than the cou the irrigating districts, wealth of the various cour and 1890, as returned bv of Equalization, is as foil' veru.ee holding in the Stale under i-^.e present census cannot now be e-ti- muted. In 1880, 500 acres wa longed to it as a pursuit. Southern California proper, to wit, Santa- It appears to be a well-founded fact that Barbara, Los Angeles, Orange, San Diego, the water supply in Southern California Ventura and San Bernardino, the in- has been in many places largely increased crease oi population will be: during the past few years. In some it has In 1830 64,37$ been more than doubled by artificial Iii 190. 302,974 means, and this development is going on ~ rapidly. The artificial progress is thus An increase for the decade of 138,59 ; conclusively stated by one whose valuable The counties in Northern and Central experiences enforce his conclusions: The CaliiornU which have maintained and in-: water supply during the past few years creased their population will also be found, has been materially increased and in to have been favorably aiiected by th ' many places more than doubled by artifi- tendency that irrigation has so developed,, cial means, and this development is going Another evidence ot tho value of this j on to-day at a rapid rate, form of farm life may be found in the First The natural flow is being saved banking statistics of California. There ur ' "by the construction of conduits (pipes and 232 banks in the State. Of these twenty* , cement canals), which save all the water eight are in San Francisco and sixty* in the streams and put it where it will do three in the Southern counties. Putting the most good. aside the San Francisco bank statement, ,. it appears that the sixty-three banks had on the first of July, 1890, of cash on hand, ' $(5,264,000; the remaining 141 banks, scat-! tered over the State, held as cash in hand only $9,265,000. The State at- 1 Second The natural flow of our streams is being increased by running tunnels un- der the beds of the streams to take the un- derflow which otherwise is lost. Third Artesian wells are being sunk in large numbers and large irrigation sys- large shows $26 in cash to each in habi-! terns are being formed and an abundance taut. Southern California, however, of water is being obtained from this one shows $31 to each one of its po.pu- sousce alone, which is adding millions to ' lation. Leaving San Francisco and South- > our wealth and thousands to our popula- I ern California out of account, the average tion. ! cash per capita elsewhere would bo $11. The deposits ot the ban Bernardino banks show an average ot $93 to each man, woman and child within the county. It is claimed that the property of the State Fourth Storage reservoirs are being successfully built. There are at present three large reservoirs completed and filled with water. Tho first attempt was the Bear valley reservoir in San Bernardino give an average of $9000 to each f) county. It is a grand success, and no one family. These figures are presented in illustration of the remarkable tendency toward small farming which irrigation produces everywhere, and of the still more remarkable results as to security and prosperity which, under favorable circumstances as now developed, have fol- lowed its progress. The value of irrigation as an economio cau look into the future far enough to see the vast acreage that reservoir will eventually irrigate. The Cuyamaca and the Sweetwater reservoir in San Diego county were -next completed, both of which are more than meeting the expecta- tions of their promoters. The Hemet lake reservoir near San Jacinto and the San Luis Key reservoir are both in process factor in the cultivation- of the soil is of of construction, and others will 'follow. the highest quality. The fact that the ' This shows the artificial increase of irri- irrigating farmer has the element:? and th c gating water. seasons practically under his control is The area available in the five counties coming 10 be more generally understood of Southern California, not including what all over the country. To illustrate the' is known as the desert region, that may value of an irrigation supply: The semi- be cultivated for fruit by- means of irriga- tion is not less than 2,000,000 acres. T. 8. Van Dyke, of San Diego, divides these acres as folio vrs : County of Acres. S,n Bernardino 300,000 ~ SieS? x- 550,OUO Angeles and Orange (300,000 aridity of the great plains region, which has been a marked feature for several years, has caused a loss of 20 per cent in j its productions. If the fruit crops, then, i of the arid States, especially California, were entirely dependent, as are the wheat crops of the plains region, upon the irreg- I ular natural water supply, the enormous loss that would follow can be easily ap- preciated when it is remembered that peach and apricot orchards, etc., return a net profit of at least $100 per acre; the fentura - 300,000 Santa Barbara.......... 300,000 TotaL 2,050,000 Against Mr. Van Dyke's estimate Los v . r , - Angeles claims a much larger area and wine grape and the table grape one of j Credits ban JLnego with less, but between $150; the raisin grape from $200 to $250, |the_authoritie3 3,000,000 acres may be as the reclaimable area. At ^.i average profit of $2QO per acre lor fruit and other special crops which is rather below than above the yield of fruit lands in that section the reclamation of the ,8,000,000 acres alluded to would within five years make an annual return of $600,- 000,000 to the income of the community. Mr. Van Dyke declares: "The amount of land available in South- ern California for the production of all kinds of fruit is a thing that few even of its oldest residents have any idea of. Every year sees thousands of acres of vineyard and orchard shining upon land that the year before every one supposed nature had designed only for brush or cactus. Every year sees thousands of Tines and trees come into the mil bearing of abundant and perfect fruit upon gravel and bowlder washes, wastes of cobble- tones, etc., that but three or four years ago the poorest seeker for a home on the public lands would not touch. So every year sees water brought higher and higher over the country, and thousands of acres which must have irrigation, and which with water are the most valuable parts of the whole, are being yearly reclaimed. Southern California is getting more water than ever before; is entering upon an era of water development that will cast the past into the shade. This is of far greater importance than the discovery of new land, for it is the irrigated sections that will produce the greatest amount of wealth, and maintain upon the market the highest standard of products." The farm value of the fruit trees raised in the United States is not less than $180,- 000,000. Our annual imports of fruits and nuts may be estimated at a value of $20,- 000,000; just about the amount that franco spends annually in aid of her agricultural development. Our total ex- ports will not exceed one-tenth of our fruit imports. Oi oranges we import not less than 1,750,000 boxes; of lemons, 2,275,000; of raisins, more than 2,000,000 boxes of twenty pounds each, and of figs, 8,000,000 pounds at least; the value of prune* imported cannot be less than $800,- 000. The 3,000,000 acres of land which Mr. Van Dyke claims can be reclaimed in a uthern California, alone will produce ot le finest of fruits enough to wipe out the ifference between our pre?ent ex- >rts and imports of such production. ?his fact alone is sufficient war- it for the practical interest mani- isted in the progress of irrigation. It is _ ident that California alone could sup- ply all of the temperate and semi-tropical fruits and nuts that are now consumed in this country. Recent reports claim a com- mercial shipment for 1890 equal in value to $10,000,000. Of prunes. 15,000,000 pounds; raisins, 40,000,000 pounds, and oi oranges 4000 carloads have been shipped out of the State. Nor is this all of the benefit arising from special culture and IP tensive farming by means of irrigation Our wine imports exceed in value $7,000,- 000 annually, yet California has about 225,000 acres under wine-grape culture, and exports wine to Europe to be brought back and sold in our own markets as of French origin. The product for 1890 is estimated at 18,000,000 gallons. We can not only supply our own tables, but we can vastly increase that market by an in- crease of the fruit area. '^--'lAn export and compete with the best fruit countries of the world, and ere long wd shall prob- ably be found doing this successfully. The question of general farm competi- tion is settling itself. Take California, for example, as a wheat-growing State. Three years since California had nearly 2,800,- XX) acres, producing over 30,400,000 bush- els. The past year the cereal crop was about 27.000,000 centals. The average value of the wheat product was $7 50 per acre. The difference in favor of the East- farmers' contiguity to market is esti- mated at about 30 cents per bushel. In an address before the State Horti- cultural Society N. P. Chipman declared that the yield per acre in California has fallen off at least 28 per cent within eight- een years. He estimates its average as below that of the United States as a whole. It is claimed therefore that to raise wheat for the world's market is com- paratively unprofitable farming, and that fertility and production are alike dimin- ishing. Forage plants, especially alfalfa, are much more valuable when combined with the raising of fine stock. But a very large proportion of the area devoted to wheat in California can profitably be transferred to fruit culture, with a differ- ence in favor of the grower in net profits of from $100 to $300 per acre. In 1874 Vaca valley contained 4500 acres devoted to wheat and alfalfa. It is now planted to trees and produces an annual profit of nearly or quite $200 per acre. Land worth $60 in 1874 sold for $600 in 1888. At New- castle, in Placer county, among the foothills, wheat land worth five years since from $5 to $10 per acre ia now sell- ing for fruit-growing purposes at from $100 to $200 per acre. Wheat lands in Merced county, under ditch two years since, selling at from $25 to $40 per acre and renting for half these figures, are selling no^y for fruit purposes at from $60 to $150 per acre* At Bakersfield, Kern county, a similar change frprn alfalfa and wheat to vins and fruit trees has trebled the value of the land. In the whole San Joaquin valley the Vineyards average but twenty-three acres each. Wf One* of the most striking evidences of all this change under the magic touch of irri- i gation is that exhibited by Fresno county, in the center cf the San Joaquin valley, California, especially that portion of it lying adjacent to Fresno city. In 1871 a colony of 8*00 persons settled there and laid out 6000 acres in small vineyards, for the purpose mainly of cultivating the muscat or raisin grape. This colony, be- gun on the 16th of February, 1871, is the most prosperous, with the exception, per- haps, of Riverside, now existing in Cali- fornia. The same settlers that bought and planted 5000 acres of land, paying $2 50 per acre, became the supporters of the Fresno Canal and Irrigation Company, which then had a length of about forty miles of main and lateral ditches. In 1870 there were less than 5000 people; in 1890 tjiere were over 100,000. There are 25,000 residents in and around Fresno city. More than twenty colonies, large and small, are located there, and 20,000 acres of vineyards are directly tributary to that place. In 1890 there were sixteen main canals in existence with a length of 750 miles. The laterals had about the same mileage, or 1500 miles in ail. About 400,000 acres are under cultivation in the county. The entire area would be worth- less except for occasional crops of wheat and sparse cropping for cattle, without the advantage of the systems of irrigation in vogue. Their cost is estimated in 1890 at $1,500,000. The acreage in cereals is given at 300,000, in grapes 60,000, in orchards 5000, in alfalfa 20, 000; the remaining 7000 acres being utilized for small products. In 1870 the cultivated area would have been sold at a high figure if $1,000,000 had been paid for it. It is probably worth $80,000,000 at this time. The raisin grape began to bear in 1873, and 6000 boxes of twenty pounds each were shipped that year. In 1883 2,800,000 pounds, or 140,000 boxes,, were shipped from Fresno city. In 1890 the crop was over 1,000,000 boxes of twenty pounds each. Land unimproved with water sells at the present time at from $50 to $100 per acre; improved and "under ditch" at from $100 to $300 per acre. The cost of water royalty is included In the land, which remains, therefore, inalienable from it. The annual cost of maintenance averages 62% cents per acre. Within the year 1890 irrigation districts Lave been rorm,ed in Fresno county under the Wright laws, the bonds for the construc- tion of which works are about to be is- sued. Under these laws the company and private works now in existence will be purchased or condemned, and be paid for out of ttie proceeds of the bonds. This system will result in a large increase of irrigable area. In California horticulture is in great i part the result of irrigation. This is es- pecially true of the culture of citrus fruits, raisin grapes; to a large extent also of wine grapes and of the deciduous trees throughout Southern California. The fruits of the temperate zone and the cult- ure of the prune one of the largest fruit projects of the State is accomplished, as a rule, without the direct application of water to the land on which tne trees are grown. Natural sub-irrigation is but just being understood within the irrigable re- gion as necessary for the successful culti- vation of these fruits. The commercial value, as well as other social and economic factors of crops grown under irrigation are forcibly illustrated by the results of fruit culture. In Califor- nia generally horticulture i almost im- possible without irrigation, natural or ; artificial. The prune grows to its greatest perfection in the coast region, where the surface is underlaid with water and the rainfall ie Abundant. The olive, fig, Eng- lish walnut and other deciduous fruit I trees flourish well, being irrigated only in their earlier years. The raisin grape and the orange most forcibly illustrate the value of irrigation. That California could grow oranees to perfection was demonstrated by the Padres 100 years ago, but their actual production as a commercial factor began in Riverside in 1870. Then Riverside was but a sheep ranch. The largest land owner pleaded to have his taxes reduced to 75 cents per acre. Without irrigation Riverside and its neighbors would have no real value for their land. It took 800 acres to support a ranchman and twenty-five to poorly feed one head of cattle. Now 6,000 1 people live well on 6,000 acres. No land in America supports so well so many peo- ple, and no locality has so many beautiful and striking features of landscape. Of this area 3,000 acres are in oranges, the oldest trees being 15 years old, while thou- sands are but just fruiting. In 1890, 1480 carloads of o'ranges and lemons were shipped to market, the value per car be- ing $800, or a total of $1,184,000, a net re- turn per acre of $395. The area about Riverside is now about 12,000 acres. The entire population is not less than 8,000. There are 750,000 citrus trees owned and cultivated by 660 persons. Raisin grapes occupy a large area, and, with opber fruits, gave a return last year of $700,000. A moderate estimate places the value of fruit shipped from Riverside last year at $1,800,000, a larger estimate places it at $2,500,000, which gives an average of over $2,200,000, or $300 uer acre. The original cost of the land upon which these valuable crops are raised it will be very difficult to estimate. It certainly does not exceed from first to last $100 per acre, or $1,200,000 in all. This does not include the cost of improvements by way of dwellings, etc., which must nearly double the value. The total cost of the works for the original settlement of Riverside will be about $80 per acre, or, in ; round figures, $500,000. For other works, pipes, pumps, canals and artesian wells, the total cost will be about $1,100. 000, mak- lug in all $1,600,000 or a fraction over for the whole 12,000 acres embraced in the five j. Riverdale settlements of $100 per acre. | The maintenance of the system is a com- i paratively small item. It may be seen by these statements, which are rather '. above thun below the mark as to the cost of land and works, that two years' production at Riverside would return a profit of 15 per cent, at least, on the average totality of outlay. Of course the present values of land to the later purchasers and occupants give an entirely different balance sheet. Even with these high figures a large return is secured, as, lor example, a purchase was made in the winter of 1889-'90 of a ten-acre orange orchard, all of which was in bearing; the cost of the land and trees to the purchaser was $1000 per acre. The crops soid divided between two grades of oranges, one for $1750 and the other for $1250, making a return of $300 per acre. Under tiiii percentage of returns the purchaser of these ten acrs would, inside of four years, receive $2000 more than his original outlay. During the past year the yield from citrus orchards at Riverside ranged from $1000 per acre down to $261 80. These figures cover the net and not the gross profits, as the cost of cultivation, etc., are all deducted before the amounts are given. All these results are from the primary application of water by artificial means to the soil. Blessed by unremittent sunshine, by the clear dry at- mosphere common to the arid country, with land that has gathered for untold centuries the fertilizing qualities of the rocks and soils round about, and manipu- lated also by an intelligent cultivation rarely to be found, the student of the new agriculture finds at Riverside abundant evidences of the benefits to be derived from irrigation and striking proofs of the fine social life that is being created by such conditions. One of the most notable instances of the effect which irrigation has upon land values and at the same time illustrating the remarkable results of intensive farm- ing, made practicable only through irriga- tion, is afforded at Anaheim, which is justly called the parent of the colony sys- tem In California. Writing of this settle- ment some sixteen or eighteen years ago, the well-known traveler Charles Nordhoff ?ave a complete history of the project. n 1857 several residents of San Francisco of German descent proposed by united ef- fort to purchase a piece of land, lay it out into small iarms, plant these with grapes for wine, and to do all this by one general head or manager and in the cheapest and best manner possible. After some discussion fifty men joined to buy a tract of 1165 acres of land on the then uncultivated and apparently desert plain southwest of Los Angeles. The price paid was $2 an acre, and in- cluded with the land was a right to water for irrigation. It may be added just here that much of this very land that originally cost but $2 au acre is now worth at least 2000, and cannot be bought even for that, aying as it does a high rate of interest pon such valuation. The members of the colony were workingmen of almost very occupation except farmers. There were blacksmiths and brewers and musi- cians and merchants, but not a solitary 'armer, in the company. None were in any sense well-to-do, none had money nough to purchase and improve ever so small a tract, but they believed that co-operation they could all better their condition to an extent impossible San Francisco. The tract "of 1165" icres was divided into fifty twenty-acre lots, while a village plot was laid out and divided into fifty lots, besides a number of lots lor school and church purposes, etc. A competent manager was chosen and the members assessed themselves at first for just sufficient to pay for the land, which at $2 an acre was no very heavy tax. This manager engaged a force of In- dian laborers, and as the first step con- structed an irrigating ditch some seven miles in length, taking water from the Santa Ana river in the mouth of the can- von, near the point now known as Yorba. Beside the main canal there were laterals or distributing ditches covering the entire tract and aggregating 450 miles in length. On each twenty-acre lot eight acres were planted with vines, and fruit trees were planted on the balance. For three year the manager continued to control the tracts. At the end of that time the trees and vines were bearing fair crops, and accordingly the colonists decided to take possession of their places. Each stock- ' holdex had at this time paid in ,$1200, this sum representing the actual cost of each 20 acres. In divid- ing the property, however, pre- miums were paid for choice lots, so that when the whole matter was settled it was found that each colonist had paid an average of $1080 for his small farm. In summing up his account of the Ana- heim colony, Nordhoff states that "the roperty which cost $1080 is now worth rom $5000 to $10,000." That was in 1874. , a\. > IJrj At the present time tnere are lew of the original tracts that can be bought for less than $1000 an acre, and for many of them even that amount would be no tempta- tion. Briefly, with the aid of water the value of land has been advanced from 500 to 1000 per cent, and a veritable garden has been created from what was in fact a desert. That the district system of irrigation will prove by far the most economical that can be devised a little examination will show. Take a hypothetical case under the Wright law: The laws provide 6 per cent on the bonds and twenty years for their repayment, with a call on the issues after ten years. Suppose, then, 100.000 acres are bonded at $10 per acre, or $1,000,000 in all. At the end of ten years $600,000 will have been paid as in- terest. If the bonds are then called in at the rate of $100,000 per year the entire debt will have been wiped out at a cost of interest ot $930,000, or with the total of ob- ligation and repayment a lull payment of $1,930.000. This will be a tax or cost per acre of $19 30. The average annual water rental paid to private companies will not be less than $2 per acre, or $40 on a capitalization of twenty years. In addi- tion, every land-owner buying since water was brought to their land has paid an average royalty or bonus for the privilege of obtaining water of at least $10 per acre. Under the district system no such bonus will be required. 'The debt obligation in some senses may be consid- ered as taking its place, but all that is compensated for by the fact that the water belongs absolutely and in perpetuity to the land, and the price paid includes all the works also. The average coat of main- tenance and service will at once, under the district system, be largely reduced. In most cases it will at once be placed at one- half, as there are no dividends to make, and in a few years the average annual cost will hardly be more than one-fourth of present rates, or say 50 cents per acre, where now $2 is paid. But the advantage is to be most clearly seen in the rapid growth of reclamation and increase in land values. For ex- ample, in any 100,000 acres emoraced by an irrigation district in California prob- ably less than one-fifth will be under, cul- tivation by irrigation. The selling price of this area, if used for family crops only, will be about $40 per acre. If used for deciduous fruit and vegetables it will reach an average of $100 per acre. If for special crops, like wine grapes, prunes, etc., the value will be at least $100 per acre. If for raisin grapes and citrus fruits it will certainly reach $250, and probably more, per acre. Each acre of the 80,000 that is re- claimed will add largely to the selling value of every acre embraced in the 20,000 first cultivated, and a rapid doubling of values will be sure to follow, and that, too, within a comparatively short period. The Tulare County Times makes some valuable estimates and comparisons on the district and private systems of irriga- tion as follows: The 76 canal is now tha property of AUa irrigation district, and ita yattous Headquarters on Alessanaro tract. branches will be extended so that all the lands in the district shall receive their quota of water. When the canal was in the hands of the original owners those de- siring water were required to pay $5 per acre for the privilege of obtaining, and an additional sum of 50 cents per acre per annum to keep the canal in repair. During the last two or three years or its existence the company had doubled on its rates as above given. But counting the figures as first given and allowing in- terest on the investment at the rate of 10 per cent it will be seen that in twenty years the farmer would have expended $25 per acre for irrigating his land and at the end of that time would have no pro- prietary interest in the water of the canal. Simply the privilege of continuing to pay this price or any other sum the 76 com- pany chose to collect for the next thirty years. From Y. P. Baker, one of the directors of the Alta Irrigation district, the follow- ing figures were obtained, they being his I estimate of the cost of irrigation to his people under the Wright irrigation law, viz : There are 130,000 acres of land in the district. Bonds have been sold to the amount of $410,000 and it will require an additional $80,000 to complete the water system, making a total cost of $475,000. I This is a debt of only $3 65 per acre. The average yearly running expenses will be about 20* cents per acre, and the interest on the bonds about 22 cents per acre an- nually. Thus figured, this is an expense of only $12 05 per acre in twenty years less than one-half the price that would have been paid to the 76 company. One of the most interesting questions is that of land values as produced by irriga- tion. The nature of the products raised under this system of farming and the in- tensive culture which it generally de- i mands have much to do, of course, with I the large increase in the commercial value I of land cultivated by this svstem as com- ' pared with contiguous areas and acres not "under ditch." The value of irrigation j can well bo tested by the evidences of | profit. An examination of the evi- | dence given by the witnesses before the United States Senate Special Com- mittee on Irrigation and Reclama- tion of Arid Lands will show that in no case were the estimates of increased land values, as arising from the artificial application of water to the soil, less than $2 to $5 per acre over similar and adjacent land not u under ditch." Indeed the esti- mates generally run from $15 increase up to $250 per acre, and even more, for land ' not actually cultivated, but in a position ! jj to be made at once available by reason of its convenient access to water. These i lareer prices are, of course, the scale only \ of the semi-tropical or other exceptional areas, wherein iruits and special products of high marketable value are most readily produced. But it will be found during the develop- ment of irrigation an/1 the cultivation of the soil thereby that the area of special products, iu. its relation to the whole arid region, will enlarge almost continuously until the two become synonymous in character. In California the small farm, fruit cul- ture and their necessary intensiveness of culture have added greatly to the value of all arable land. Throughout the State unirrigated land commands from $5 to $50 per acre; and there have been many sales in excess of the larger figure. In Los Angeles county, at the mouth of the ! Cahuenga pass, unimproved land with a water right has sold at $450 per acre; ordi- nary vine land, unirrigated, is worth $40, ' r acre. Irriga- ;i creases ^^^ values "to $150 and $800 per aer' 1 T j.n San $eni:v " s Angeles ties the factors of values are far above * the average and the prices generally equal thereto. In Saa Bernardino 8300 acres, with water right (uncultivated), were re- cently sold for $556,000, or a small traction over $67 per acre ; at Remands five acres (cultivated) sold for $7500, or an average of $1500 per acre. In San Diego county farm lands are worth $20 to $100 per acre, while land for orchard and vineyard sells at $250 to $500 per acre. In Fresno grain land sells at from $20 to $50 per acre, and $100 to $800 per acre is paid for fruit land. In Butte county, Northern California, $650 per acre is the highest price yet paid lor orchard land. The average will be about $400 per acre. Kern county lands run from $5 to $20 per acre for non-irn- gated land. For farming purposes water increases this value to $25 and $40, and for horticulture to $60 and $100. Merced holds about the same average for non-irrigated and a? high as $75 for irrigated farms, and $150 for fruit culture. In further illustra- tion of the matter of land values and of the tendency which irrigation is rapidly producing, the accompanying table giving the details in regard to 1586 small farms is of great value: The ne an ari OOOOOOOO KHOfc3WM OOOOrf-CO COt*. do OO MtOM ] C -O M to iU ! C Tota acrea the returns from nearly an iruifc ia i ld~irT California, except that devoted to citrus culture. The average net returns oi wine and raisin grapes, prunes, and deciduous fruits generally when they are in a mature state will range from $80 to $200 per acre. The average net returns tor matured orange and lemon orchards will not be less than $350 when all condi- tions are fair. This is illustrated by the statements made in San Bernardino county as to the value of orange orchard land. The testimony of fifteen residents there, for example, sets the ordinary value of such land at $300 to $1500 per acre. These witnesses embrace viticulturists, merchants, real estate operators, a banker and an editor. The majority of them placed the selling value of such orchards at from $800 to $1000 per acre. These estimates refer, of course, to the more improved areas of that section, but it is safe to estimate citrus lands with | water and a growing orchard fairly located i as selling at about $400 per acre. Land 1 which is not yet under water has recently sold at from $60 to $90 per acre, because it is adapted to fruit culture and will be served at no distant day with an abun- dant water supply. This rise in value is not confined to Southern California alone, though its effect is seen there in the most marked manner. It extends throughout j the State. The difference everywhere is at ) least $10 to $1 in favor of the special pro- duct, the secure culture, and the small farm which irrigation brings over thut of ordinary farming, even with the aid of water and within the arid region. The enormous increase in values brought about through irrigation can be seen from the following statement of the assessed valuations of the four southern counties in 1880 aad 1890. The actual vin* it ] must be borne in mind, are fully twice | those given by the Assessor: Per i gra Per acr in fruit Pfl Number of acres. Yield pe acre. *Los Angeles Orange San Bernardino San Diego Totals. K3AL JkCBTATB. 1880. $10,477,432 1,689,007 1,307,802 ....|$13,453,84a. $83,940,100 1890. $45,454,99" 5,495.015 12,990,005 20,000^085 *Los Angeles in 1880 included Orange county. Statements could easily be presented showing much larger values, and returns also, than the foregoing statements indi- cate, but tbey are sufficiently moderate to be taken as a reliable basis *~- calculating 1880. 189. *Los Angeles $3,033,059 $14,253,300 1,468,337 4,198,550 4,4510,286 San Bernardino 586,577 341,948 Totals $3,961,584 $24, 5rth. These reservoir sites are great i ! valleys or plateaus lying at an elevation j i of 5000 to 7000 feet. Their areas are from I 180 to 375 acres each, and at an elevation of about 400 feet above the other. The plan of these gentlemen was to construct i dams at the gorges of each of these reser- voir sites and store the great storm waters falling there annually, as well as convey in a canal the waters of the South Fork of the Mojave river, and connecting each reservoir with a canal or pipe line, one with the other. At the lower reservoir, known as the Huston Flat, the water is to be conducted into a canal about a half a mile in length, thence into a tunnel 4500 feet in length, running through the saddle of the range of mountains; thence into the Waterman canyon, allowing the waters to flow down ( that canyon about one mile, and then in a i pipe line along the crest of the west side i of Waterman canyon about two miles, | where a fall of 1000 feet is obtained for utilizing the water for elt-ctric-power pur- poses. It is estimated by Colonel Ander- 1 son, the State Engineer'of Ohio, and Mr. Koebig that there will be sufficient water- fall for 4000 electrical horse-power de- livered at the cities of San Bernardino, Redlands, Colton and Riverside; thence the water is to be conveyed in a pipe line or canal in a westerly direction toward the Grapeland Irrigation district, Etiwanda, Pomona and the lamous Chino ranch. Surveying parties were Kept in the field \ for nearly one year by Messrs. Perkins j and Koebig before they attempted to draw j the attention ol caDital to their enterprise. In February, 1891, the whole scheme was - t mapped out in a systematic manner and! laid before a number of capitalists of Cin- i cinnati, among whom wera Colonel An- derson, State Engineer; Adolph Wood, a banker, and Dr. Erhman,an eminent physi- cian, after which these gentlemen visited California and made an examination of the plan and project, and, alter a thorough investigation, purchased the property of them, and are now in the field at work ; with engineers preparatory to issuing i proposals lor the erection of two dams, a i 4500-foot tunnel and twelve miles of pipe j line. The cost of this enterprise, when : completed, will be over $750,000, and the i Amount of water far irrigation purposes Main section Turlock canal. will exceed 10,000 inches per annum. B is estimated that the revenue derlyeq from the waters furnished to irrigate^ will equal a 10 per cent annual dividend on $2,UOO,000. According to the statements submitted to the Senate committe in 1889, the irriga- tion "plant" of the State comprised th following: Miles of ditches 3833 Cost per mile $640 to $540(1 Total cost $10,375,289 Acres of irrigated areas- Farm Crops 3,081,< Vines 83,< Fruit 131,< Total 3,294,000 The areas of vines and fruit, it is need- less to say, are grossly underestimated. In Kern county a remarkable degree of development is in progress, and the fruit colonies under way in the neighborhood of Bakerstield, Poso and Lerdo have laid out a large acreage for future cultivation. One most striking enterprise is in the northeastern section of Kern county, where three fruit colonies have been established, the water supply for which is found in the powerful artesian basin now being de- veloped therein. In San Diego county there has been a steady increase in the area and service of several great enterprises established therein during the last two years. The acreage of fruit as well also as or grain farming has largely increased. Small areas have been brought under irri- gation by wells and small phreatic sup- plies. In both San Bernardino and Los Angeles counties there has been a steady growth during the past years of numer- ous small irrigation areas served by local supplies, chiefly underground. One of the most interesting developments is being made in Inyo county a region of high altitude," lying between parallel ranges oi the Sierras. In other mountain counties, as Lassen and Sierra tor example, con- siderable progress has been made. In Lassen it is seen in utilizing as reservoirs of natural storage basins. In Sierra county the development of an artesian supply of water is referred to. In Shasta, in the ex- treme northern part of the State, irriga- tion enterprises for fruit cultivation are under way, while elsewhere in the foot- hills region considerable activity and in- terest have been manifested ; progress to a considerable extent is reported. In further illustration of the effects of irrigation are presented the following sum- maries of the ''taxable values" of Califor* riia for 1879 and 1889, as summarized from the Senate committee's report: 1879. 1889. Increase. ; 13 southern i counties en- I rictied by ir- 1 rigation ] 11 other coun- 1 ties where hi irrigation in- creases 8 foothill counties par- tially irrigat- ed Total.... $102,616,281 $350,081,695 $248,406,414 47,791,10-1 99,836,095 36,397,142 $174.046.658 $48S,714,932 $312,608,279 The increase in the balance of the State, twenty-one counties, amounted in 1889 over 1879 to $192, 125, 5 78, or $50,297,836 less than in the first division given. The discoveries and utilizations already made give good reason to hope that springs and artesian water may bo found in considerable volume throughout the Mojave and over a considerable portion of t-he oeach lines and other portions of the Colorado trough or basin. The reclamation of the Algerian desert offers lessons ot vaiue in this direction. There waters are restored to the surface after percolating for an immense dis- tance; here the stream beds are numer- ous, and the courses of their buried waters within the area to be reclaimed are easily ascertainable. Railroads have crossed the barren waste without experi- encing great difficulty in obtaining water, and indeed in many places the water is so near the surface that the coyotes, as at Coyote Wells, are known to have reached it. The chief difficulty in the way of a copious supply of wuter in the Colorado ' desert is found in the fact that quicksand ' is liable to choke the well bores or other ', appliances. Antelope valley is a part of the region ' known as the Mojave desert. In 1882 the J Southern Pacific Railroad Company bored j an artesian well it Lancaster in the north- ' ern part of Los Angeles county and ob- tained a good supply of water. Flowing water was no 'sooner found than settle- : ment began, wells were bored, cultivation and improvements put under way; and from this section of the Mojave desert,' whose aridity has been so notorious, the! wheat was harvested in the summer of 1890 that took the prize at the county fair over the competition of all Southern Call-; fornia. In this valley, which is rather a portion of a wide intra-mountain plain, forming part of the vast drainage basin which once fed a great inland gulf that now! heads into a shallow delta some 300 miles below and is slowly but steadily reced- ing, as well as in the upper and narrow Eortion of the Colorado desert, irrigation as already created the beginning of large and prosperous fruit-growing settlements. In the Antelope valley proper since April, 1889, some 10,000 acres Have been brought under cultivation. This area can be read- ily increased to 25,000 acres. It is esti- mated that in all 50,000 acres are now under ditch. The surface supply is ob- tained from mountain streams, stored in three reservoirs, with a total capacity of 30,000,000 gallons. The works in- clude 5 dams, 5 headways, 7 weirs and 6 tunnels driven into the foothills. The main ditches are 50 miles in length, 5 feet wide at the top. Tnere is an equal mile- ' age of distributing and lateral ditches. Five artesian wells, besides that of th railroad at Lancaster, have been sunk to depths of from 180 to 500 feet, with a flow for each ranging from 50,000 to 200,000 gallons per 24 hoars. The economic serv- ice of their waters is equal to a duty of 7000 acres. Over 100 wells are in use. They range from 20 to 100 leet in depth. They draw their supplies irom the glacial drift of gravel and bowlders. In view of the extension of reclamation by irrigation over large portions of the desert region, now arid anrf unproductive, it may be as well to suggest in outline some of the products which, by the aid of unfailing sunshine, a tonic atmosphere and water intelligently applied, can be as surely manufactured from the arid soils as the Avool from the sheep can be sheared, washed, carded, spun and woven into cloth. Not only can the grains and sugar cane, roots and other vegetables, with the trees and shrubs of the semi- tropics, be brought to maturity in great abun- dance, but ail of" the citrus and deciduous fruits and berries of TSe samo regions. Not these only, but the commercial, leguminous and medicinal products of Mexico, etc., may be success- fully cultivated. The date, as a fruit, will, require careful study In the more elevated portions. But the indigenous date palm of the Colorado desert and lower river valley yields a fruit which, in spite of en- tire neglect, is still palatable, and may yet, by hybridization, become of commer- cial value. A great industry that can be created is that of the cultivation of the olive, with the preparation also of it! various merchantable products. DISTRICTS IfOKMKD. Organizations That Have Been Effect** Under the "Wright Law. There have been some thirty-three dis tricts organized in the State so far under the provisions of the Wright law. Ser- eral others are in process of formation, while of those named a number have not taken any definite action as yet. The Alessandro district is situated in San Bernardino county and comprises some 25,000 acres of land lying in what is known as the San Jacin to valley. The pe- tition for the organization of this district was presented to the Board of Supervisors' on December 1, 1890, and there being no objection it was granted, and on January 3, 1891, the election was held. The follow- ing directors were chosen : S. C. Free- field, C. T. Gifford, F. M. Townsend, A. J. Condee and W. T. Warner. George H. Kelsey was chosen secretary. The water for this district was obtained from tho Btar valley reservoir, bonds to the amount of $765,000 having been issued and trans- ferred in payment for the same. The works have been constructed and the water is now being delivered on some 4000 acres of the district which have been put under cultivation within the last three months. From the commencement to the close, this district has been admir- ably conducted, and everything has been carried out successfully. It affords one of the best examples of the value of water that can be found in the State. Prior to the organization of the district and the discovery of a feasible source of suppi.v, this land \ya slow or almost impossible of sale p.t from $5 to $10 an acre. As soon as it was learned that water could be ob- tained the price went to $50, and now that water has been put on the land, the sell- ing price is $100 to $150 an acre. Yet the water cost but $30 an acre, and there are twenty years in which to pay for it. The Citrus Belt district is in San Ber- nardino county and was organized in Sep- tember, 1890. There nro 12,160 acres Within its limits and the amount of bonds voted was $800,000. These have been ex- changed for water rights and canal and Eipe lines, the source of supply being yttle creek and a series of artesian wells of good capacity. The amount of bonded indebtedness of this district is $05 78 per acre. At present lands in this district may be purchased for $75 to $100 ah acre. Th* East Riverside district adjoins famous lliverside settlement in ernardino county. It was organized in fc$eptemT5e?TTKW, -nd includes but 3000 acres of laud within its boundaries. Bonds to the amount of $250,000 have been issued and exchanged for a pipe line and artesian wells which provide an abundance of water. Owing to tne expensive character of the Work and the small size of the district the average cost to each acre is $83 33. The land thus provided with water, however, sells readily for from $300 to $500 an acre unimproved, while without water it was worth nothing in point of productiveness. For years it was neglected vacant Gov- ernment land, while at the same time lands immediately adjacent, but supplied with water, were selling at $200 and more per acre. , The Grapeland district is in San Bernar- dino county and adjoins .the Citrus Belt district on the north. It embraces 10,737 acres and was organized in June, 1890. Bonds to the amount of $200,000 have been voted, and their proceeds will be de- voted to tho construction of an irrigation system. The wate..* will cost an average of $18 54 an acr v which is a remarkably favorable showing by contrast with dis- tricts deriving their supply from the same source and is a guaranty that the bonds issued will be a first-class security. The Elalto district adjoins the Citrus Belt on the south, and comprises 7200 acres of land in the heart of the San Ber- nardino valley. It was organized in Oc- tober, 1890, and honds to the amount of $500,000 were issued and exchanged for Yrater rig tats and pipelines. The supply of water is derived from Ly tie creek an d artesian wells. The bonded indebtedness is $09 44 an acre, and lands in tha district are selling for $75 to $100 an acre. The Ferris district is one of the healthi- est in the southern part of the State. It comprises 22,630 acres and was organized in June, 1890. Bcmdi to the amount of $442,000 were voted, of which a little c-ver lialf were exchanged for water from Bear Valley, and the proceeds of the remainder will be devoted to piping the water throughout the district. This district affords another remarkable instance of a rise in values simply on the belief that Water could be obtained. Before there had been any talk of organizing a district, a tract of several thousand acres had been sold on foreclosure at Riverside, and the best bid that could be obtained was $4 50 an acre. Not many months siub- ^equently the project of obtaining ^"vrater from Bear valley was found to be feasible, and on the strength of the first preliminary steps to that end the vexy same men who were not willing to pay more than $4 50 an acre stepped forward and quickly bought up all the land they could obtain at $35 to $40 an acre, and the same land is now selling for $80 to $100. Big Rock 'Creek district is located in Antelope valley, Los Angeles county, and comprises 30,400 acres. It was organized in July 1890, and bonds were voted to the amount of $400,000. Of these $150.000 were exchanged for water rights, while so mueh of the remainder as may be necessary will be devoted to the extension of the canal gy s lem. The Anaheini district in Oranere county, comprising 32, 500 acres, is one of the best in the State. Bonds to the amount of $t300,- 000 have taen voted and of this amount $150,000 has been devoted to the purchase of the water rights and canals of the heim Union >\ater Company. So much of the balance as may be needed will be used to extend the system over lands not yet irrigated. This is one of the oldest ir- rigated settlements in the State, and by the application of water land values have risen from a few cants to several hundred dollars an acre. Examination will show that the bonds of this district are one of th boat investments that could possibly be found. The Central district of Colusa county ia another solid organization. This was one of the first districts organized under the Wright law, tha date of the petition being October 10, 1887. In November, 1887, the election was held, resulting in an over- whelming vote in favor of irrigation, c There are 156,550 acres in this district, and bonds to the amount of $750,000 were voted, of which a large amount have been r sold and the proceeds applied to the eon- ( atruction of irrigation works. The work is now well under way, and will be com- i pleted in flue time. The organization of this district has been passed upon favor- ! ably by the Supreme Court, and its bonds are now beyond challenge. Kraft district is another Colusa county organization, dating in December, 1888. I It comprises 13,500 acres, and $80,000 in ' bonds have been voted, but have not been issued. Stony Creek is the proposed source of supply tor this district. The Tulare district of Tulare county was i organized in August, 1889, and comprises f 34,150 acres. The district is bonded for ; i $500,000., and a large amount of bonds | : have been sold, the proceeds having been j devoted to tie construction of works i which arc well under way. The source of : supply is the Kaweah river, -ind this dis- ' 1 trict is one of the healthiest in the State. The Poso district MTS organized in Sep- tember, 1888, and comprises 4 --.COO acres In Kern county. It is bonded for $500,000, I and $250,000 worth of bonds have been . sold. The source of supply ifi Poso creek, and considerable work has already been done en the canal system. There are sev- i eral natural reservoir sites, and when these are utilized water will be available to supply at least 100,000 acres. Tht per acre is but $12 50, which makes the bonds of tnis district a first-class security. The Kern and Tulare district is situated in the counties of those names and com- prises 80,000 acres of land. Organization was effected in May, 1880, and bonds to the amount of $200,000 were voted. It is proposed to derive a supply of water from Kern river. The Madera district is located in Fresno country and embraces 305,000 acres of' Iftnd, which has been bonded for $850,000. The preliminary work has been done look- ing to obtain a supply of water, and the prospects of the district are very encour- l aging. The cost of putting water on the ] lands of this district is estimated at $2 78 an acre, which with one exception is the dowest in tho State. The Alta district is located in Fresno and Tulare counties, and comprises some 130,000 acres. It was organized in July, 1888, and is bonded lor $675,000. Bonds to I the amount oi $415,000 have been ex- 1 changed for a canal system, which will be ! extended so as to cover all the lands in the district. The Modesto district, in Stanislaus county, comprises 81,500 acres of land, and was organized in July, 18S7, being, there- fore, one ot the first to take advantage of the Wright law. Bonds to the amount of $800,000 have been voted, of which $400,000 \ave been sold, the proceeds beins devoted j jo construction works. (Some important i itigation has taken place here, but the| listrict has been invariably victorious. The Turlock district of Stanislaus and) Merced count. h;-.t t)ie honor of having been the irm-i organized Under the Wrijrht i*w. Tin* election w 3 ^ 9 . Number of unrecorded ditches Number of miles in ditches 4,249 Total carrying capacity in miner's inches 33,4.75 Total of acres'served 1,946,876 The area cultivated may be estimated at 8 per cent, or about 160,000 acres. The in- crease in 1890 in cultivated area (beyond forage plants and pasture) will not be less than 15,000 acres, making in all 175,000. No increase in ditches or mileage is re- reported. The Black Hills in South Dakota is at present the only section irrigated by sur- face works; the area under ditch is esti- mated at 100,000 acres and that under cul- tivation at about 20,000 acres. Elsewhere small experiments by artesian weiis reached an area of about 2000 acres, and have clearly demonstrated the possibilities of that supply. In Western Kansas, Nebraska and" Texas some increase in area of cultivation and a large addition to that "under ditch" has been noted. The estimates are as follows: j Western Kansas ; W'estern Nebraska . . . j Western Texas Under uiu;u. 1889. I 1890. Acres. 300,000 50,000 210,000 Acres. 350,000 65,000 ^40.001 Culti- vated 1890. Acres. 120,000 10,000 160.000 The area indicated us cultivated is, of course, largely used for forage plants, well as cereals and roots. The figures, when summed up, present the totals that follow. This office, says Mr. Hinton of the Agricultural Depart- ment, has been scrupulous in its endeav- ors to obtain exact statistics. That it has not yet been as successful as is desirable ia due to inability to send agents out and to the fact that the States and Territories, with the exception of Colorado and Wy- oming, have not as yet made any direct effort to secure a full account of the important interest under review. Proba- bly from this date, however, this diffi- culty may not be met with, as in addition to the systematic efforts making under law by the department through this office the United States Census Office has also made a minute inquiry. LANDS UNDER DITCH IN THE ARID AND SEMI- ARID REGION. States. Arizona* California Colorado Idaho Kansas (western) Montana Nebraska (westn) Nevada New Mexico Oregon (eastern) S.Dakota (BHi Us) Else where inDak Texas Utah Wyoming Wyoming (east) Totals Acreage uuder ditch. Cultiva- tion, 1890 529,200 8,294,000 2,818,273 715,500 500,000 986,000 50.000 142,000 638,455 75,000 100,000 7,576,100 *In Arizona for 1890 two estimates were sent in, one of 587,460 acres under ditch, and 295,- 200 cultivated^ aCIfiSt_by the ncung Governor; . the other, by Government officers,"of 699440 u acres uuder ditch and 325,000 cultivated ! The figures above are the mean of the two esti- : mates. It may safely be assumed that there are I very many small irrigated areas scattered throughout the arid region which are not ; included in these estimates. There are also larger areas, not many in number, perhaps, in which the use of water for irrigating natural and cultivated grasses is of considerable importance. No esti- mate is attempted of the small irrigations of house gardens, lawns and fruit trees, which prevail in every city, town and vil- lage west of the ninety-seventh meridian. Altogether it will not be unreasonable that the area actually cultivated in 1890 reaches at least 8,000.000 acres. It will be difficult to state in figures and acres the actual amount of irrigation progress accomplished in the semi-arid and arid States during the year 1890. The conflicting discussion of this subject has had, of course, to some extent, the effect of delaying investment. It had, how- ever, one more beneficial, in that it has created a great interest in the whole sub- ject. This has been manifested in a large variety of ways, causing, wherever there ! was no land policy to intervene, a very considerable degree of preparatory activity, ; whose effect will be seen during the en- ' suing year. The report of the Senate Committee on Irrigation presented the following tabulated estimate of the actual and approximate areas under ditch (1889) within the region of J.ts Investigation : Under Ditch. Acres. Arizona 4=55,000 California 4,000,000 Colorado 3,000,000 Idaho 715,000 Kansas 300,000 Montana 98t>,000 Nebraska 50,000 Nevada 142,000 New Mexico 800,000 Oregon 191,000 South Dakota (Bl. Hills) 100,000 Texas 200,000 Utah 700,000 Washington 75,000 Wyoming 1,947,000 Irrigated. Acres. 225,000 3,300,000 1,600,000 500,000 75,000 350,000 5,000 70,000 625,000 150,000 15,000 125,000 413,000 50,000 75,000 7,578,000 Totals 13,061,000 The estimates for 1889, made by che U. S. Geological Survey, were as follows : Acres. Area under ditch, constructed and projected 9,974,419 Area under ditch and irrigated 8,307,000 The largest activity has prevailed dur- ing the past year in the States oi Califor- nia, Colorada, Idaho and Montana. In the territories of Arizona and JSew Mexico there has been some considerable progress made. In portions of South Dakota and in western Nebraska and Kansas the necessities of the people as well as the discussion that has arisen have crystal- lized into practical channels various pro- jects and forms of enterprise that are likely to be of great service in the near future. The beginning of great activity . .3 t-. _ ^ __ i ,1 ' A _ TT> _ 1 - has already been indicated in Washington and Oregon east of the Cascade range, , ,. ,. . while in Nevada there is a growing feeling ongmal investigations upon importan Jgj the 8eC urity and maintenance of their by the several courses of study purs State organization depends upon the good opportunity for stating, in a elea ^at,on! ' IRRIGATION DISTRICTS. The following table shows a list of the irrigation districts of the State thirty-three in number their location, names and postoffice addresses of their secretaries; acreage, amount of bonds voted and sold, and the cost of supplying water per acre: NAME OF DISTRICT. COUNTY. SECRETARY. ADDRESS. Moreno Coiton Colton Grapeland. . . Colton Elsinore Escondido. . . Fallbrook ... Murietta Perris No. of Acres. Bonds Voted. Bonds Sold. Bonds Pei- Acre. Alessandro... Citrus Belt.. K. Riverside. Grapeland. . . Rialto Elsinore Escondido. . . Full brook... Murietta .... Ferris Spri'g Valley Big Rock C'k Monrovia . .. Orango Belt. Palmdale.... Vinelftud.... Dehesia Anaheim.... OrlandS.Side Central Kraft Colusa Tula re Poso KernATulare Madera Alia S.Bernard' no S.Bsnirtrd'uo S.Bernard'no S.Bernard'no S.Bernard' no Han Diego... . Han Diego SnuDiefe.... Sail Diego.... San Dieo HanDieg'o. .., Los Angeles. Los Angeles. Los Angeles. Los Angeles. Los Angeles. Los Angeles. Orange 'Jolusa Colusa Colusa Colusa. Tulare Kern KernATulare Fresno Fresno.Tular Fresno, Tulur Fresno, Tular Stanislaus ... StaniMercai Yubu San Diego.... G. H. Kfclsey.. D. A. Barras.. . J.AVanarsdale E. T. Myers D. Robinson.. . W.H.Townse'd A. J. Werden.. G. A. Scott.... J.C. Mason.... H.A. Plimpton 25,500 12,160 3.000 10,787 7,200 11.800 12,814 12,000 15,600 22,680 22,000 80,000 $765,000 800.000 250,000 200.000 500,000 None 450,000- $765,000 800,000 100,000 Noti (5 500,000 None None $30 00 <;."> 78 18 54 69 44 '"S5'l2 N^ne 442,000 None 400,000 None 252,000 None 50,000 '"'Jo'oO Ira Carter Llano 13 10 F. P. Firey...... C.W.I)o;leuhoff I. N. Rhodes. . . B. V. Garvvood L. P. Behrens. R. de Lftppe... J. W. Rogers. . . E/OaicYord '.'.'.'. .1. E. Anderson J. O. SLuener.. E. H. Cox G. H. Weaver.. M. McWiiorter. W. L. C happell Pomona Palmdale Vineland Anaheim Orland Maxwell Orland Tulare Spottiewood. Delano Madera Diuuba Selma Selma 4,500 50,000 4,500 *"?>2',506 25,09Q 15o,"j50 i;?,5oo 1H),000 31,149 40,000 80,000 80.3,000 129,92} 363,4<0 271,000 8] ,500 200,000 175,000 50,000 000,666 100.000 750.000 80,000 600,000 500,000 500,000 700,000 850,000 67r.,000 None Non- 50,000 None None 286,000 None None 350,000 250.000 None None 416,000 44 44 3 50 11 11 "'is'ie 4 00 4 78 5 93 6 00 14 64 1'2 -jl) 10 50 2 78 ft 19 Sunset Sfiina -to Turlock .... lirovvn's Val. Pleasant Vai None 800,000 600,000 110,000 None 100,000 "O'HI ?, 4;) 2 5G R. M. Williams J. Mcl-'arlaue. . \V. P. Miliiken Ceres Brown's Val. San Jacinto. Totals 2.100,775 11,197,000 $4,L'S:3.500 $8 04 THE WRIGHT LAW. TEXT OF THE ORIGINAL BILL AND AMENDMENTS. The Act Under Which Irrigation Districts Are Organized and Bonds Issued. Several years ago it became apparent Lhat some definite legislation upon the subject of irrigation was a necessity in order that the development of the State might not receive a setback. So much lit- igation had taken place in regard to water rights and the laws had been construed in so many ways that something radically different from any system then in vogue was demanded. The outgrowth of this necessity was the bill known as the Wright Irrigation law, which was intro- duced into the Legislature of 1886-87 by C. C. Wright of Modesto, and was passed through both nouses and signed by the Governor. Since then the law has been amended upon several points, and as now on the statute books it is appended* District Irrigation k iiw of California. AN ACT To provide for the organization and govern- ment of irrigation districts and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes, approved March 7, 1887, as amended in 1889 and 1891. SECTION 1. Whenever fifty or a majority of the holders of title, or evidence of title, to lands susceptible of one mode of irrigation from a common source, and by the same sys- tem of works, desire to provide for tils irriga- tion of the same, tbey may propose the organ- ization, of an irrigation district, under the pro- visions oi this act, and when so organized such district shall have the powers conferred, or that may hereafter be conferred, by law upon such irrigation districts. The equalized county assessment roll next preceding the presentation of a petition for the organisation of an irrigation district, under the provisions of this act, shall be sufficient evidence of title ?or the purposes bi this act. (Amendment ap- proved March 20, 1891.) The section before amendment read as follows: SECTION i. Whenever fifty 9r a majority offree- holderu owning lanes suscept'bie of one mode of irrigation from a common source, and by the same system of works, desire to provide for the irriga- tion of the same, tlusy may propose the organiza- tion -.jf an irrigation district under the provisions of tn'.s act, and when so organized such districts shall iiavs th powers conferred, or that Uaay hereafter be conferred, by law upon such irriga- tion districts. Sec. 2. A petition shall first be presented to the Board of Supervisors of the county in which the lands, or the greatest portion there- of, is situated, signed by the required number of holders ot title, or evidence of title, of such proposed district, evidenced as above provided, which petition shall set forth and particularly describe the proposed boundaries of such dis- trict, and shall pray that the same may be or- ganized under the provisions of this act. The petitioners must accompany the petition with a good and sufficient bond, to be approved by the said Board of Supervisors, in double the amount of the probable cost of organizing such district, conditioned thai the bondsmen will pay all said costs in case said organization shall not be effected. Such petition suall be pre- sented at a regular meeting of the said board, and shall be published for at least two weeks before the time at which the same is to be pre- sented in some newspaper printed and pub- lished in the county where said petition is pre- sented, together with a notice stating the time of the meeting at which the same will be pre- sented; and if any portion of such proposed district lie within another County, or counties then said petition and notice shall be TJUD- iished in a newspaper published in each of said counties. When such petition is pre- sented the said Board of Supervisors shall hear the same and may adjourn such hearing from time to time, not exceeding four ' weeks in all; and on the final hearing may make smoh changes in the proposed boundaries as they may find to be proper, and shall establish and define such boundaries; provided, that said board shah not modify said boundaries so as to except from the opera- tion of this act any territory within the boundaries of tho district proposed by said pe- titioners, which is susceptible of irrigation by the same system of works applicable to the other lands in such proposed district; nor shall any lands which will not, in the judgment of , the said board, be benefited by irrigation by said system be included within such district; [provided, that any person whose lands are busceptible of irrigation from the same source may, in the discretion of the board, upon ap- plication of the owner to said board, have such lauds included in said district. Said board shall also make an order dividing said district into five divisions, as nearly equal in size as may be practicable, which shall be numbered first, second, third, fourth aud fifth, and one director, who shall be a freeholder in the di- vision and an elector and resident of the ais- trict, shall be elected by each division; pro- vided, that if a majority of the holders of title or evidence of title, evidenced as above pro- vided, petition for the formation of a district* the Board of Supervisors mar, if so requested in the petition, order that theie mav be either three or five directors, as said board mav or- der, for such district, and that they may bo elected by the district at large.] Said Board of Supervisors shall then give no- tice of an election to be held in such pro- posed district, for the purpose of determining whether or not the same shall be organized under the provisions of this act. Such notice shall describe the boundaries so established and shall designate a name for euoh proposed district, and said notice shall be published for at least three weeks prior to such election in a newspaper published within said county; and if any portion of such proponed district lie within another county o? counties, then said j "Brookshurst" Residence of F. Q. Ryan, Anaheim notice shall be published in a newspaper pub- lished within each of said counties. Such no- tice shall require tlie electors to cast ballots, .Fhich shall contain the words, "Irrigation District Yes," or " Irrigation District No," or words equivalent thereto, and also the names of persons to be voted lor to fill the various elective offices hereinafter prescribed. No per- son shall b entitled to vote at any election held under the provisions of this act unless he shall possess all the qualifications required of electors under the general election laws of this State. (Amendment approved March 20, 1891.) i The amendment to this section is that portion contained in the brackets above. Before th* amendment the amended portion read as follows: "Provuted, that any person whose lands are sus- ceptible of irri.;? itio'n Iroin tin; ;-ame source shall, upon application of the owner to said board, be en- titled to have such lands included in said district. Said board shall also make an order divHin? said (district into five divisions, as nearly equal in size as may be practicable, which shall be numbered first, second, third, fourth and fifth, and one di- rector shall ba elected from each district." The amendment to this section was made at the Instance of small districts where the division of a district into five divisions and the election of a di- rector from eacii was found to be attended with great inconvenienca and unnecessary expense in holding elections, etc. Sec. 3. Such election shall ba conducted, as nearly as practicable, in accordance with the general laws of the State ; provided, that no particular form of ballot shall be required. The said Board of Supervisors shall meet on the second Monday next succeeding such elec- tion, and proceed to canvass the votes cast thereat, and if upon such canvass it appear that at least two-thirds of all the votes cast are "Irrigation District Yes," the said board shall, by an order entered on its minutes, declare such territory duly organized as an irrigation dis- trict, under the name and style theretofore designated, and shall declare the persons re- ceiving, respectively, the highest number of votes for such several offices to be duly elected to such offices. [And no action shall be com- menced or maintained, or defense made affect- ing the validity of the organization, unless the same shall have been commenced or mads within two years after the making and entering of said order.] Said board shall cause a copy of such order, duly certified, to be immediately filed for record in the office of the County Re- corder of each county in which any portion oi: such lands are situated, and must also immedi- ately forward a copy thereof to the clerk of tne Board of Supervisors of each of the counties u which any portion of the district may lie ; aiid no Board of Supervisors of any county inclu ing any portion of such district shall, aitei the date of the organization of such disj trict, allow another district to be formeoU including any of the lands in such district, without the consent of the board oi directors thereof; and from and after the date of such Cling the organization of anch district shall be complete, and the officers thereof shall be entitled to enter immediately upon the duties of their respective offices upon qualify- ing in accordance with law, and shall hold such offices, respectively, until their successors are elected and qualified. For the purposes of the election above provided for the saidBoard of Supervisors must establish a convenient num- ber of election precincts in said proposed dis- trict, and define the boundaries thereof, which said precincts may thereafter be changed by the board of directors of such district. [In any district the board of directors thereof may, upon the presentation of a petition therefor, by a majority of the holders of title or evidence of title of said district, evidenced as nbove pro- vided, order that on and alter the next ensuinff generkl election for the district there shall be either three or five directors, as said board may order, and that they shall be elected by the district at large, or by divisions, as so Petitioned and ordered; and after such order such d rectors shall bs so elected.1 (Amendment ap- proved March 20, 1891.) The portions included in brackets in this sec. ion : are new matter. Sec. 4. An election shall be held in each district on the first Wednesday in February. 1893 and on the first Wednesday in February ; in each second year thereafter, at which an assessor, a collector and a treasurer and a board of directors for the district shall be elected The person receiving the Highest number of votes for any office to be filled at ^uch election is elected thereto, and shall hold office from the first Tuesday in March next aft*r for two years, and until his successor IP , elected and qualified. Within ten days after receiving their certificates of election, herein- after provided for, saiu officers shah take ana subscribe the official oath and file the same in ' the oflie- of the board of directors, and execute the bond hereiufter orovided for. The assessor shall execute an official bond in the sum of $5000, and the collector an official bond in the sum of $20,000, and the district treasurer an official bond in the sum of $90,000; each of said bonds to bs approved by the board of di- rectors; and each member of said board of directors shall execute an official bond in the sum of $5000, which said bonds shall be ap- proved by the Judge of the Superior Court of said county where 6u a was effected, and shall be recorded iu the office of the County Recurder thereof, and filed with the secretary of said board. All official bonds herein provided for shall be in the form pre- scribed by law for the official bonds of county officers. (Amendment approved March 20, 1801.) Tin- amendments to this section changed the time of holding elections for the election ot officers from the flr&t Wednesday in April in even num- bered years, to the first Wednesday in February in odd numbered years, and by reason of the fail- ure to hold uu election iu April. 1882, the officers elected in April, ISfK), rst.in their offices until March, 1893. Hy the amendment the bonds of the directors and the aa essor are reduced to $5000. Sec. 5. Fifteen days before any election held I at eiv deltvprpd hv I-HA J n-*npptnr or bv somt under this act, subsequent to the organization . SSf r JlffS!! ^JSwrS^S 1 f^SSS of any district, the secretary of the board pi directors shall cause notices to ba posted iu three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in the office of said board, which shall be es- tablished and kept at some fixed place to be determined by said board, specifying the poll- ing places of each precinct. Prior 10 the time for posting the notices, the board must appoint for each precinct, from the electors thereof, ane inspector and, two judges,- who shall con- stitute a board of election for such precinct. If the board fail to appoint a board of election, or the members appointed do not attend at the opening of the polls on the morning of elec- figures and in words at full length. Each cer- tificate shall be signed by the clerk, judge and he inspector. One of said certificates, with he poll list and tally paper to which it is at- tached, shall be retained by the inspector nd oreeerved by him at least six months. The ballots shall be strung upon a cord or thread by Uie inspector during the counting thereof in the order in which they are entered upon the tally list by the clerks, and said onltots, to- gether with the other of said certificates, with cue poll list and tally paper to which it is at- tached, shall be sealed by the inspector in the presence of the judges and clerks, and indorsed "Election Returns of (naming the precinct) Precinct" and be directed to the secretary ot the board of directors, and shall be immedi- other safe and responsible carrier designated by said inspector, to said secretary, and the ballots shall be kept unopened for at least six months, and if any person be of the opinion that the vote of any precinct has not bee n cor- rectly counted he may appear on the day appointed for the board of directors to open and canvass the returns, and demand a re- count of the vote of the precinct that is so claimed to have been incorrectly counted. tion, the Sectors of _the precinct present at that hour may appoint the board, or supply the" place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the house or place within the precinct where the election must be held. Sec. 6. The inspector is chairman of tha election board, and may: First Administer ail oaths required in the progress of an election. , Second Appoint judges and clerks, if, dur- ; ing the progress of the election, any judge or clork cease to act. Any member of the board of election or any clerk thereof may adminis- ter and certify oaths required to be adminis- tered during the progress of an election. Ihe board of election for each precinct must, be- fore opening the polls, appoint two persons to act as clerks of the election. Before opening [ the polls each member of the board and each p the polls each member ot tne board ana each j was voted for. clerk must take and subscribe an oath to faith- Fourth Th' fully perform the duties imposed upon them by law. Any elector of the precinct may ad- minister and certify such oath. The polls must be opened one hour after sunrise on the morn- ing of the election and be kept open until sun- . o^ofm&w*,*wUectoTtK&"ttt&wT9R set, when the same must be closed. The pro- visions of the Political Code concerning the form of ballots to be used shall not apply to elections held under this act. SEC. 7. Voting may commence as soon as the polls are opened and may be continued during all the tima the polls remaiu opened, and shall be conducted " nearly as practicable in ac- cordance With tae provisioas of chapter 9 of title 2 of part 3 of the Political Code of tnis State. As soon aa the polls are closed tho judges shall open the ballot-box and Com- mence counting the votes; and in no case shall the ballot-box oe removed from the room in which the election is held until all the ballots have been Co anted. The Coutttiug of ballots shall in ail cases be public. Ttie ballots shall be taken out, one by one, by the in- spector or one of the judges, who shall open them and read aloud the name of each person contained therein and the office for which every such person is voted for. Each clerk shall write down each office rejected for want of form if it can be satisfac- torily understood. The board of directors must meet at its usual place of meeting on the first Monday after each election to canvass the returns. If,"at the time of meeting, the returns from each precinct in the district in which the polls were opened have been received the board of directors must then and there pro- ceed to canvass the returns; but if all the re- turns have not been received, the canvass must be postponed from day to day until all the re- turns have been received, "or until six post- ponements have been had. The canvass must be made in public, and by opening the returns and estimating the vote of the district for each person voted for, and declaring the result thereof. Sec. 10. The secretary of the board of di- rectors must, as soon as the result is declared, ; enter in the records of such board a statement of such result, which statement must show: First The whole number of votes cast in the district [and in each division of the district]. Second The names of the persons voted for. Third The office to fill which each person as voted for. Fourth The number of votes given in each precinct to each of such persons. Fifth The number of votes given in [each division for the office of director, and the number of votes given in the district for the Hces of assessor, collector and treasurer]. The board of directors must declare elected the persons having the highest number of votes given for each office. The secretary inufct im- mediately make out and deliver to such per- son a certificate of election, signed by him and authenticated with the seal of the board. In case of a vacancy in the office of Assessor, Col- lector or treasurer, the vacancy shall be filled by appointment of the board ot directors. In case of a vacancy in the office of director tne vacancy shall be filled by appointment by the Board of Supervisors of the county where the office of such board of directors is situated from the division in which the vacancy oc- curred. An officer appointed as above pro- vided shall hold his office until .the next regu- lai election for said district, and until his suc- cessor is elected and qualified. (Amendment approved February 10, Ib89.) The portions included iu brackets are new matter, and the portion included in the bracket in the fifth subdivision is substituted in place of the worus "the district to each of such persons.'" to be filled, and the name of each person voted Sec. 11. On the first Tuesday in March next for for such office) and shall keep the number j following their election the board of directors of votes by tallies as they are read aloud by tiie shall meet and organize as a board, elect a inspector or judge, i'ue counting of voles : president from their number and appoint a shall be continued without adjournment until | secretary [who shall each hold office during the pleasure of the board.] The board shall all have been counted. Sec. 8. As soon as all the Votes are read off and counted a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the num- ber of votes each one voted tor tias received . have the power, and it shall be their duty, to manage and conduct the business and afmirs of the district ; make and execute all neces- sary contracts; employ and appoint such agents, officers and employes us may be re- and designating th* oilice to iill which he was j quired, and prescribe their duties; establish VOUid for, which number sh^ll bd written iu ] equitable by-laws, rules and regulations for the distribution ana use of water among the i forth in this act. Aim saiu uoaru is uereuy owners of said lands, and generally to perform authorized and empowered to hold, ue, ac- all such acts as shall be necessary to fully carry out the purposes of this act. The said by-laws, rules and regulations must be printed in convenient form for distribution in the dis- trict. And it is Hereby expressly provided that all waters distributed for irrigation pur- poses shall be apportioned ratably to each landowner upon tne basis Of the ratio which the last assessment of such owner for district purposes within said district bears to the whole sum assessed upon the district; provided, that any landowner may assign the right to the whole or any portion of the waters so appor- tioned to him. (Amendment approved March 20, 1891.) The time of th organization of the board Is changed by this amendment Irorn the first Wed- nesday in May to the first Tuesday in March, to correspond with amendment to scetion 4. Sec. 12. The board of directors shall hold a regular monthly meeting in their office on the tirat Tuesday in every month, and such special meetings as may be required for the proper transaction of business; provided, that all spe- cial meetings must be ordered by a majority of the board. The order must be entered on re- cord, and live days' notice thereof must, by the secretary, be given to each member not joining in the order. The order must specify the busi- ness to be transacted, and none other than that specified must be transacted at such special meeting. All meetings ot the board must be public, and three members shall constitute a quorum for the transaction of bueihess; but on quire, manage, occupy and possess aaid prop erty as herein provided. Sec. 14, The said board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of this act, in toe name of such irrigation district, to and for the uses and pur- poses herein expressed, and to institute and maintain any and all actions and proceedings, suits at law or in equity, necessary or proper in order to fully carry out the provisions of this act, or to enforce, maintain, protect or preserve any and all rights, privileges and immunities created by this act, or acquired in pursuance thereof. And in all courts, actions, suits or proceedings the said board may sue, appear ; and deiend, in person or by attorneys, aud in i the name of such irrigation district. Sec. 1ft. For the purpose of constructing necessary irrigating canaU and works, and ac- quiring the necessary property anem; at the eqgrir necessary branches for th-j sam-, on any of said at the expiration of seventeen years, 11 per lauds whicu nia.yb.-il eeruedbrst for uch location. ' cent; at the expiration of eighteen years, 13 The worus in italics were stricken out and tne percent; at the expiration of nineteen years, word* in m^ckels inserted. 15 per cent; at tho expiration of twenty years, Sec. 13. The legal title to all property ftC- 16 per cent; and shall bear interest at therata< quired under the provision* of this ace shall of (5 per cent per annum, payable semi-aunu- immediately and by operation of law vest in ally, on the first day of January and July of such irrigation district, and shall be held by each year. The principal and interest shall ba such district in trust lor Arid is hereby dedi- payable at the place designated therein. Said cated and Sf-t apart to the uses and purposes set bonds shall be each of the denomination of not tail D: snau oe negotiants in 10 sident dent and secretary, and toe seal oi' tue u ard o* directors shall bo filtixed thereto. They shall bi numbered consecutively as issued ami bear data less than $100 nor more than $500; snail b shall be negotiable in form, signed by the presi " and oecretary, and the seal of the boar^ ^ h e n ST 9 Shai K L be > ffixed ^T' Each issue StSW/We"ig?e, Coupons for the inter- shall be numbered consecutively as issued, and cut shall be attached to each bond signed by the tne Donas of each issue shall be numbered secretary, said bonds shall express on their fa,ce consecutively, and bear date at the time of that they wore issued by authority of this act, stilting its title and date of approva their issue. Coupons for the interest (shall ba attached to each bond, signed by the secretary. Said bonds shall express on their face that they were issued by authority of this act, stat- ing its title and date of approval, and shall also so state the number of the issue of which, such bonds are a part. The secretary shall keep a record of the bonds sold, their number, the date of sale, the price received, and tha name of the purchaser. In. case the money raided by the sale of all bonds issued be insumcient tor the completion of the plan of cana-l and works adopted, and addi- tional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plan by levy of assessments therefor. It shall be lawful for any district which has heretofore issued bonds under the la\v then in force to issue in place thereof an equal amount of bouds in accordance with this amendment, and to sell the same, or any part thereof, us 'hereinafter provided, or exchange the aame, or any part thereof, with the holders of such previously issued bonds which may be outstanding, upon such terms as may be agreed upon between the board of directors of the dis- trict and the holders of such outstanding bonds ; provided, that said board shall not exchange any such bonds for a less amount in par valuo of the bonds received. All of such old issue iu place of which new bonds are issued shall be destroyed whenever lawfully in possession of said board. (Amendment approved March 20, 1891.) Sucn important changes were made in the above section by the amendment that it Is deemed heat that the entire section, as it stood before amend- ment, should be recited. It read as fallows : Sec. 15. For the purpose of constructing ne- cessary irrigating canals and works and acquiring the necessary prope ty and rights therelor, and otherwise carrying otic the provisions of this act, the board of dnedtors of any such district must, as soon after such district has been organized a may be practicable, estimate and determine the amount of money necessary to be raised, and shall 'cuaediateiy thereupon call a special election, at which shall be submitted to the electors of such district possessing the qualifications prescrioed by this act, the question whetner or not the bonds of said district shall be issued in the amount so determined. Notice of such election must be given by posting notices in three public 3) aces in each election precinct in said district for at least twenty days, and also publication oi' such notice some newspaper jubUshed in the county, where the oth'ce of the joard of directors of such district is required to be cept, ouce a week for at least three successive Such notices must specily the time of lolding the election, the amount of bonus pro- posed to ?>e issued, and said election must be ucid and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this act governing th- election of officers; provided, thut no informalities n condcictmg such an election shall invalidate the iame, if the election shall h^ve ueen otherwise fairly conducted. At such election the ballots ahfcJi contain the \vords " Bonds Yes, '"or "Bonds Js r o." or words equivalent thereto, it a majority of the votes cast are 'Bonds Yes," the joard of directors shall immediately cause bonds in said amount to be issued; said buiidn shall be payable in gold coin of tne Unjiedbtatea n installments as follows, to wic: At the expira- tion of eleven years not less than 5 per cent of said uonds; at the expiration of twelve years not less tbajn 6 per cent; at the ex u. ration of thirteen years not less than 7 per bent; at the expiration of fourteen years not less th MI 8 per cent; at the ex- piration of fifteen years not less than 9per cent; at ;he expiratjou of sixteen years not jess than 10 per cent; at the expiration olsevehiweri years not less than 11 per cem; at tLe expiration of eighteen years not leas than 13 per cent; at the expiration or nineteen years not less than 15 per cent; and 'or the twentieth year a percentage sufficient to fcvy off siUd bonds; and shall bear interest at the rate of t> per cent per annum, payable seuai- aunually on the first ; day of January and July Of each year. The principal and interest shall be payable at the office ot the treasurer of the die- tr.ct. Said bunds shall bfc each of the The secre- tary shall keep a record of "die bonds sold, their number, the uate of sale, the price received, and the nume of the purchaser. See. 16. The board may sell said bonds from time to time, in such quantities as may be necessary and most advantageous to raise motley for the construction of said canals and works, the acquisition of said property and rights, and otherwise to fully carry out tue ob- jects and purposes of this act. Before malting any sale the board shall, at a me.eting, by reso- lution, declare its intention to sell a epeciiied amount of the bonds, and the day and hour and plaefe of such sale, and shall fcause such resolution to be entered in tne minutes, and notice of the sale to be given, by publication thereof at least twenty days in a daily news- paper published in each of the cities ot San Francisco, Sacramento and Los Angelas, and in any other newspaper, at their discretion. The notice shall state th-u sealed proposals will be received by the board at their office, for the purchase of the bonds, till the day and hour named in the resolution. At the time ap- pointed the board shall open the proposals and uvyard the purchase of the bonds to tue highest responsible bidder, and may reject ail bids; but said ootird shall in no event sell any of the said bonds for less than 00 per cent of the face value thereof. Seo. 17. Said bouds and the interest thereoa shall be paid by revenue derived from an an- nual assessment upon the real property of tha district, and all the real property in the dis- trict shall be and remain liable to be assessed for such payments as hereinafter provided. Sec. 18. The Assessor must between the first Monday in March and the nrat Monday in June in each year assess all real property iu the dis- trict to the persona who own, claim, have pos- session or control thereof at its full cash value. He must prepare an assessment book with ap- propriate headings in whica must be listed aH, such property within the district, in wiiich must ba specified. in separate columns undar the appropriate head: First The name of the person to whom th property is assessed. If the name is not known to the Assessor the property shall be assessed to " unknown owners." Second Laud by township, range, section or fractional section, and when such land is not a Congressional division or subdivision, by metes and bounds, or other description sufficient to i estimate ' ol acres. locality and the improvements identify it, giving an estimate of the number thereon. ' Third City and town lots, naming the city or town and the number and block according to the system of numbering in such city or town, and the improvement;* thereon. Fourth The cas>h value of real estate, other than city or town lots. Fifth The cash value of improvements oa such real estate. Sixth The cash value of city and town lots. Seventh The cash value of improvements on city and town lots. Eighth The cash value of improvements on real estate assessed to persons other than the owners of the real estata. Ninth The total value of all property us- sensed. TnolnNear. 8 per cent; for the liiteeuth year, a pmrv*^,, by him, as will, in the judgment of the board * or the sleuth year, 10 percent; lor the seven- ?t; 8 fe time hei em prescribed. Ihe board must and for the twentieth ywar. a percentage sufficient c me compensation of such deputies, which to p.*y off said bonds. The secretary of the board Shall be paid OUt of the trea-;uf y oi the district must compute and enter into a sopurato column of The compensation must not exceed 85 par dar the assessment book the respective sums, in dollars for each deputy for tne time actually eurfured Ru(l cents - to be paid s am assessment on the Sec. 20. On or before the i}rst Monday iu of the neglect -or refusal ot the board of directors to August in 6ach year the Assessor must com- cause such assessment and levy to be made, as in plete his assessment book and deliver it, to tua i this act provided, then th assessment of pronerty Secretary of the board, who must immediately ' i flde by the County Assessor ana the State Board * u i i directors, acting as a board ol equalization, Board of Supervisors of the county in which the will meet to equalize assessments, by publi- office of the board of director* i situated shall cation in a newspaper published in each of the cause an assessment roll for said district to be pre- Countifcs comprising the district. The time ] pared, and shall make the levy required by this fixed for the meeting shall not b3 less than ct m the same manner and wiib like effect as if twenty nor more than thirty days from the first the 8amo had been padftby said board of directors. publication of the notice; and tut& Meantime N uci the assessment book must remain in the office the coleor or twire rf hl totri^t fa t the secretary for the inspection of all per- form the duties Imposed by law, then the Tax sons interested. Collector or Treasurer of the county in which the 8'^C. 21. Upon the day specified in the no-" office of the board of directors is situated must, " ties required by the preceding section for the meeting, the board of directors. wM^h i* >. by constituted a board of equalization for that purpose, sHall meet arid continue in session from day to day as long as may bo necessary, not to exceed ten days, exclusive of Sundays, such objections to the respectively, perform auch duties, and shall be ac- countable therefor upon their official bonds as in other cases. Sec. 23. The assessment upon real property is a lien against tne property assessed from and after the first Monday in March in any year [and the lien for the bonds of any issue shall be a preferred lien to that for any subsequent I issue], and such lien is not removed until the the board assessments are paid or the property sold for payment thereof. (Amendment approved them, and the board mav change the valuation ' * w ~ board note i ne Bimu uc yicacuv UUJ.IUB AVO u^-.^v , y Mnrrh"9fl 1 WQ1 1 all changes made in the valuation oi property i M " cn 20 > I 891 -) and in the names of the persons whose prop- j The words in brackets are new matter. erty is assessed: and within ten days after the j Sec. 24. On or before the 1st day of Novem- close of the session he shall have the total I ber the secretary must deliver the assessment values as finally equalized by the .board, ex- book to the collector of tne district, who shall tended into columns and added". ! -within twenty days publish a notice in a news- Sec. 22. The board of directors shall then paper published in ea6h county in which any j levv an 'assessment sufficient to raiso the an- portion of the district may lie that said assess- i nual interest' on tho outstanding bonds, and at ments are due and payable, and will become the expiration of ten vears after the issuing of delinquent at 6 P. M. on the last Monday of bonds of any issue must increase said assess- December next thereafter, and that unless paid ment to ati amount sufficient to raise a sum prior thereto 5 per cent will be added to the sufficient to pav the principal of the outstand- anipunt thereof, and also the time and place at ing bonds as * they mature. The secretary of which payment of assessments may be made, the board must compute and enter in a se pa- which notice shall be published for the period rate column of the asseHsment book tho re- of two weeks. The C9llector must attend at pective sums, in dollars and cents, to be paid the time and place specified in the notice to as an assessment on the property therein en u- receive assessments, which must be paid in merated When collected the assessment shallbe gold and silver coin; he must mark the date of uaidmto the district treasury, and shall consti- payment of any assessment in the .assessment tute a special fund, to be called the "bond fund book opposite the name of the person paying, o j '_ irrigation district." In case of the and give a receipt to such person specifying neclect or refusal of the board of directors to the amount of the assessment and the amount ; cause such assessment and levy to be made as paid, with a description of the property as- in tMs act provided, then the assessment of sessed. On the [last Monday in December, at trop*rty made by the county Assessor and the 6 p. M.] of each year ail unpaid assessments State Board of Equalization shall be adopted, aro delinquent, and thereafter the collector and shall be the basis of assessments for tho must collect thereon for the use of the district , district and the Board of Supervisors of the an addition of 5 per cent. (Amendment ap- j county in which the offloe of the board of di- proved March 31, 1891.) rectors is situated shall cause an assessment Tho wordg in brackets wpre substituted for the j roll for said district to be prepared, and shall words. ' 31st day of December.' 1 xpeuses incident thereto ahall be borne by sons anc j a description of the property delin- guch district. In case of the neglect or remsai q uen t, and the amount of tho assessments and f the collector or treasurer of the district to cos t s due opposite each name and description, perform the duties imposed by law, then tne j e mus t append to and publish with the delin- Tax Collector and Treasurer of the county if* quent list a notice that unless the assessments which the office of the board of directors is sit- delinquent, together with costs and percent- uated must respectively perform such a ities. agej ftre pa i ( i ) t ie rea j property upon which and shall be accountable therefor upon taen gucn assessments are a lien will'be sold at pub- official bonds, as in other oases. (Amendment ii c auction. The publication must be made approved March 20, 1891.) once a week for three successive weeks in a This section was amended so as to correspoiiC newspaper published in the county in which with the amendment to section 15, and before urn the property delinquent is situated; provided, amendment read as follows: . that if any property assessed to the same per- Bec. 22, The board of directors shall then le vj 8Qn Qr corporHtioa snall lie , n more than an assessment sufficient to raise the ^^ county, then such publication may be made in * ^S^KuftSS^SS^^^^S^^ al 7 coua ? tn ^, hich an - v P rtion of such - P r P- board must feeasS .said assessment for the en erty may he The publication must designate suing ten years in the following percentage of to the time and place or sale. The time of sale principal of the whole amount of bonds then out must not be less thin twenty-one nor more standing, to wit: For the eleventh year. P"* than twenty-eight days from the first publica- cent; for the twelfth year. ,e i per cent, , ror ui tion> and th( _ lace m - ust be a( . gome , poinc des . thirteenth year, 7 per cent; for the ^ourteent' ig nate d ^ by the collector within the district. (Amenanveuc approved JNiarcn 31 Before the above amendment, where any dis- trict lay in more than one county, it was necessary to pubiisli the entire delinquent list in each county in which uay portion of the district lay. Sec. 2G. The collector must collect, in addi- tion to the assessments due on tho delinquent list and 5 per cent added, 50 cents on each lot, piece or tract of land separately assessed, one- half of which must go to the district and the other to the collector for prepariug the list. On the day fixed for the sale, or some subse- quent day to which he may have postponed it, of which he must give notice, the collector, between the hours of 10 A. M. and 3 P. M., must commence the sale of th property advertised, commencing at the head of the list and con- tinue alphabetically, or in the numerical order of the lots or blocks, until completed. He may postpone the day of commencing the sales, or the sale, from day to day, Dut the sale must be completed within three weeks from the day first fixed; [provided, that if any sale or sales shall be stayed by injunction the time of the continuance of the injunction is not part of the time limited for making such sale or sales.] (Amendment approved March 31, 1891.) The words in Brackets ara new matter. Sec. 27. The owner or person in possession of any real estate offered for sale for assess- ments due thereon may designate, in writing, to the collector, prior to the sale, what portion of the property he wishes sold, if less than the whole; but if the owner or possessor does not, then the collector may designate it, and the person who will take the least quantity of the laud, or in case an undivided interest is as- sessed, then the smallest portion of the inter- est, and pay the assessments and costs due, including $2 to the collector for tho duplicate certificate 'of sale, is the purchaser. If the purchaser does not pay the assessments and costs before 10 A. M. the following day, the property on the next sale day must be resold for the assessments and costs. [But in case there is no purchaser in good faith for the game on the first day that the property is offered for sale, then, when the property is offered thereafter for sale, and there is no pur- chaser in good faith for the same, the whole amount of the property assessed shall be struct: off to the irrigation district within which such lands are situated as the purchaser, and the duplicate certificate delivered to the treasurer of the district, and hied by him in his office. No charge shall be made for the duplicate certificate where the district is the purchaser, and in such case the collector shall make an entry, "Sold to the district," and he shall be credited with the amount thereof in his set- tlement. An irrigation district, as a purchaser at such sale, shall be entitled to the same rights as a private purchase'', and the title so acquired by the district, subject to the right of red'empLion herein provided, may be conveyed by deed, executed and acknowledged by the president and secretary of said board; pro- vided, that authority to so convey must be con- ferred by resolution of the board, entered on its m.inuie?, fixing the price at which such saie may be made, and such conveyance shall not be made for a less sum than the reasonable market value of such property.] After receiv- ing the amount of assessments and costs the collector must make out in duplicate a certifi- cate, dated on the daypf sale, stating (when known) the name of the person assessed, a de- scription of the land sold, the amount paid thereior, tnat it was sold for assessments, giving the amount and year of the assessment, and specifying the time when the purchaser will be entitled to a deed. The certificate must, be signed by the collector and one copy deliv- ered to the purchaser and the other filed in the office of the County Recorder of the county in which the land is situated. (Amendment approved February 1(>, 1889.) The matter in brackets was added by the amend- ment". 8ec. 28. The_coUector, before delivering any certificate, must in a book enter a description of the land sold, corresponding "with the de- scription in the certificate, the date of the sale, purchasers' names and amount paid, reg- 1 ularly number the description on the margin ! of the book, and put a corresponding number on each certificate. Such book mu to public inspection, without fee* during office hours, when not in actual use. On filing the | certificate with such County Recorder the lien t of the assessment vests with the purchaser, and is only divested by the payment to him, or i to the collector for his use, of the purchase 1 money and 2 per ceut per month from the day { of sale until redemption. Sec. 29. A redemption of the property sold , may be made by the owner, or any party in in- i terest, within twelve raonths from the date of I purchase. Redemption must be made in gold or silver coin, as provided for the collection of State and county taxes, and when made to the collector he must credit the amount paid to the person named in the certificate, and pay it, on demand, to the person or his assignees. In each report the collector makes to the board of j directors he must name the person entitled to re- ! demption money, and the amount due to each. On receiving the certificate of sale the County i Recorder must file it and ^make an entry in a i book similar to that required of the collector. ! On the presentation of the receipt of the per- son named in the certificate, or of the colleq- tpr, for his use, of the total amount of redemp- , tion money, r.he Recorder must mark the word j " Redeemed," the date, and by whom re- ! deemed, on the certificate and on the margin ! of the book where the entry of the certificate ! is made. If the property is not redeemed i within twelve months from the sale, the col- i lector, or his successor in office, must make to i the purchaser, or his assignee, a deed of the : property, reciting in the deed substantially the j matters contained in the certificate, and that i no person redeemed the property during the i time allowed by law for its redemption. The > collector shall receive from the purchaser, for ' the use of the district, $2 for making such deed. Sec. 30. The matter recited in the oertifioate of sale must be recited iu the deed, and such deed, duly acknowledged or proved, is prima facie evidence that: First The property was assessed as required by law. Second The property was equalized as re- quired by law. Third -That the assessment* wer levied in accordance with law. Fourth The assessments were not paid. Fifth At a proper time and place the prop- erty was sold as prescribed by lav/, and by the proper officer. Sixth The property was not redeemed. Seventh The person who executed the deed was the proper officer. Such deed duly acknowledged or proved is (except as against actual fraud) conclusive evi- dence of the regularity of all the proceedings from the assessment by the Assessor, inclusive, up to the execution of the deed. The deed conveys to the grantee the absolute title to the lands described therein free of all incum- brances, except when the land is owned by the United States or this State, in which case it is prima facie evidence of the right of possession Sec. 31. The assessment book or delinquent list, or a copy thereof, certified by the collector, showin,; unpaid assessments against any per- son or property, is prima facie evidence of the j assessment,, the property assessed, the delin- quency, the amount of assessments due and unpaid, and that all the forms of the law in re- lation to the assessment and levy of such as- sessments have been complied with. Uec. 32. When land is sold for assessments correctly imposed, as the property of a par- ticular person, uo misnomer of the owner or supposed owner, or other mistake relating to the ownership thereof, affects the sale or ren- ders it void or voidable. Sec. 33. On the first Monday in each month the collector must settle with the secretary of the board for all moneys collected for assess- ments, and pay the same over to the treasurer; and within six days thereafter he must deliver to and file in the office of the secretary a state- ment under oath, showing: First An account of all his transactions and receipts since his last settlement. Second That all money collected by him as , collector has been paid. The collector shall also file in the office of che secretary on said first Monday in each | the secretary. The saw county Treasurer shall month the receipt of the treasurer for the i report in writing on the second Monday in money so paid. Sec. 34. Upon the presentations of the cou- pons due to the treasurer, he shall pay the same from said bond fund. Whenever, after ten years from the issuance of said bonds, said i fund shall amount to the sum of $10,000. the ! board of directors may direct the treasurer to i pay such an amount of said bonds not due as I the money in said fund will redeem, at the lowest value at which thev may be offered for i liquidation, after advertising for at least four i weeks in some daily newspaper in each of the cities hereinbefore named, and in any other ; newspaper which said board may deem advis- able, for sealed proposals for the redemption of said bonds. Said proposals shall be opened by the board in open meeting, at a time to be named in the notice, and the lowest bid for said bonds must be accepted; provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest iiumbereu. bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed, as herein provided for, said money shall be invested by the treasurer, each month the amount of money in the County Treasury, the amount of receipts for the month preceding and the amount or amounts paid out; said report shall be verified and tiled with the secretary of the board. The district treasurer shall also report to the board in writing on the first Monday in each month the amount of money in the district treasury, the amount of receipts for the mouth preced- ing and the amount anditemsof expenditures, and said report shall be verified and filed with the secretary of the board. Sec. 37. Tiie cost and expense of purchasing and acquiring property and constructing the works and improvements herein provided for shall be wholly paid out of the construction mud. For the purpose of defraying ihe ex- penses of the organization of the district and of the care, operation, management, repair and improvement of such portions of saia canal and works as are completed and in use, includ- ing salaries of officers and employes, the board may either fix rates of tolls and charges and collect the same from all persons using said canal for irrigation and other purposes, or under the direction of the board, in United 1 1 they may provide for the payment of said ex- States gold-bearing bonds, or the bonds of the State, which shall 'be kept in said "Bond fund," and may be used to redeem said district bonds whenever the holders thereof may desire. Sec. 35. After adopting a plan for said canal or canals, storage reservoirs and works, the board of directors shall give notice, by publi- cation thereof not less than twenty days in one newspaper published in each of the coun- ties composing the district (provided a news- paper is published therein), and in such other lie \vspapers as they may deem advisable, call- ing ior bids for the construction of such work, or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will re- ceive sealed proposals therefor, and that the contract will be let to the lowest responsible oidder, stating the time and place for opening said proposals, which, at the time and place appointed, shall be opened in public; and as soon as convenient thereafter the board shall peuditures by a levy of assessments therefor, or by both said tolls and assessments; if by the latter method, such levy shall be made on the completion and equalization of the assessment roll, and the board shall have the same powers arid functions lor the purposes of said levy as are now possessed by Boards of Supervisors in this State. The procedure for the collection of assessments by such levy shall in all respects conform to the provisions of this act relating to the payment of principal and interest of bonds herein provided for. Sec. 3e>. The board of directors shall have power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or fiuine which the route of said canal or canals may intersect or cross, in such manner as to afford security for life and property; but said board shall re- store the same, when so crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired un- necessarily its usefulness; and every company whose railroad shall be intersected or crossed by said works shall unite with said board in let said work, either in portions or as a whole, 1 forming said intersections and crossings, and to the lowest responsible bidder: or they may y i grant the privileges aforesaid: and if such rail- reject any or all bids aud readvertise for pro- road corapftnv an d ga id board, or the owners r S H a JfthV may P roceed - to r construct the work S3 u!S8oln It the said property, thing or under their own superintendence. Contracts franoh i se so to be crossed, cannot agree upon for the purchase of material shall be awarded the amount to be paid therefor, or the points or to the lowest responsible bidder. Any person the manner of said crossings or intersections, or Persons to whom a contract may be awarded ' tne same sh - Rll be ascertained and determined shall enter into a bond, with good and sum- iu all res p ec ts as herein provided in respect to cient sureties, to be approved by the noai'd, the taking of land. The right of way is hereby payable to said district tor its use, for 2o per Riven a&cated and set apart to locate, con- cent of the amount of the contract price, con- struct and maintain said works over and dmoned forthe mithful performance of said . throu?n a nv of the lands which are now or contract. Ihe work shall be done under the may be the property of this State; and also direction and to the satisfaction of the en- . there is given, dedicated nd set apart for the gineer and be approved by the board. (Amend- ment approved March 20, 1891.) Before the above amendment, any work done under the superintendence of the board of diract- >rs, and r,ot by contract awarded under compet- uses and purposes aioresaid all waters and water rights belonging to this State within the district. Sec. 39. The board of directors shall receive on, ana not oy contract awarded uiiaer compel- , ~^~' ,**" -*^\ v*^^ irz i itive bids, was required to be done wholly by tne four dollars per day and mileage at the rate of residents of the district; and contractors were re- j twenty cents per mile in attending meetings rmirarl tr\ crixjA hrmrt in rirtiiHIft t.Vio oitinimr. nF tha I or>rl onftiol onrl nnrtnca a v\r -\"r\\n u/^c TvoiH TirHllA quired to give bond in double the amount contract puce. Sec. 3G. No claim shall be paid by the treas- urer until allowed by the board, and only upoti a warrant signed by the president and counter- and actual and necessary expenses paid while engaged in official business under the order of the board. The board shall fix the compensa- tion td be paid to the other officers named in the act, to be paid out of the treasury of the igned by the secretary; provided, that the < district; provided, that said board shall, upon >ard may draw from time to time from the construction fund and aeposit in the County Treasury of the county where tbe ofHce of the board is situated any sum in excess of $25,- 000. The County Treasurer of said county is hereby authorized and required to receive und receipt for the same and place the same to the credit of said district, and ne sha].l be respon- sible upon his official bond for ''!Q safe keep- ing and disbursement of the same as in this act provided. He shall pay .out the same or any portion thereof to the treasurer of the dis- trict only, and only upon the order of the the petition of at least fifty or a majority of the freeholders within such district therefor, submit to the electors at any general election a schedule of salaries and fees to be paid here- under. Such petition must be presented to the board twenty days prior to a general election, and the result ot such election shall be deter- mined and declared in all respects as other elections are determined and declared under this act. Sec. 40. No director or any other officer named in this act shall in any manner be in- terested directly or indirectly in any contract board signed by_the president and attested by ij awarded or to be awarded bv the board, or in j the proiits to ba derived therefrom; and for any i violation of this provision such officer shall be deemed guilty of a misdemeanor and such con- viction shall work a forfeiture of his office and he shall be punished by a fine not exceeding I five hundred dollars or by imprisonment in ' the county jail not exceeding six months or by both such fine and imprisonment. Sec. 4l. The Board of Directors may, at any time, when in their judgment it may be ad- visable, call a special election and submit to the qualified electors of the district the ques- tion whether or not a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in ' this act. Such election must be called upon the notice prescribed, and the same shall be j held and the result thereof determined and de- r clared in ail respects in conformity with the I provisions of section 15 of this act. The f notice must specify the amount of money pro- ; posed to be raised and the purpose for which it i is intended to be used. At such elections the ;t ballots shall contain the words "Assessment- Yes," or "Assessment No." If two-thirds or - more of tha votes cast are "Assessment Yes," , the board shall, at the time of the annual levy ' hereunder, levy an assessment sufficient to L raise the amount voted. The rate of assess- ment shall be ascertained by deducting 15 per ( cent for anticipated delinquencies from the aggregate assessed value of the property in the district as it appears on the assessment roll for the current year, and then dividing the sum voted by the remainder of such aggregate as- ' sessed value. The assessment so levied shall >. be computed and entered on the assessment i roll by the secretary of the board and collected i at the same time and in the sama manner as other assessments provided for herein; and when collected shall be paid into the district treasury for the purposes specified in the notice i of such special election. Sec. 42. The board of directors, or other offi- cers of the district, shall have no power to incur an/ debt or liability whatever, either by issu- ing bonds or otherwise, in excess of the express provisions of this act; and any debt or liabil- ity incurred in excess of such express pro- visions shall be and remain absolutely void, [excent that for the purpose of organization, or for any of the purposes of this Act, the board of directors may, before the collection of the first assessment, incur an indebtedness not ex- ceeding in the aggregate the sum of $2000, and may cause warrants of the district to issue therefor, bearing interest at 7 per cent per annum.] (Amendment approved March 20, 1891.) The words In brackets are new matter. Sec. 43. In case the volume of water In any stream or river shall not be sufficient to supply the continual wants of the entire country through which it passes, and susceptible of irrigation therefrom, then it shall be the duty of the water commissioners* constituted as hereinafter provided, to apportion, in a just and equitable proportion, a certain nmount of said water upon certain or alternate weekly days to different localities, as they may, in their judgment, think best for the interest of all par- ties concerned, and with due regard to the legal and equitable rights of all. Said water commissioners shall consist of the chairman of the board of directors of each of the districts affected. Sec. 44. It shall be the duty of the board of directors to keep the water flowing through the ditches under their control to the full capacity of such ditches in times of high w ater. Sec. 45. Navigation shall never in anywise be impaired by the operation of this act, nor shall uny vested interest in or to any mining ; water rights or ditches, or in or to any water < or water rights or reservoirs or dams now used j oy the owners or possessors thereof in connec- ; tion with any mining industry, or by persons purchasing or renting the use thereof, or in or to any other property now used, directly or in- j directly, in carrying on or promoting the j mining industry, ever be affected by or taken j under its provisions, save and except that I rights of way may be acquired over the same. I Sec. 4U. IN one ui me provisions of tuis act . ah all be construed as repealing or in anywise modifying the provisions of any other act re- latins? to the subject of irrigation or water com- missioners. Nothing herein contained shall be deemed to authorize any person or persona to divert the waters of any river, creek, stream, canal or ditch from its channel, to tne detri- j ment of any person or persons having any in- ! terest in such river, creek, stream, canal or ditch, or the waters therein, unless previous compensation be ascertained and paid there- for, under the laws of this State authorizing the taking of private property for public uses, i Supplemental Acts. INCLUSION ACT. [Approved February 16, 1889.] SECTION 1. The boundaries of any irrigation district now or hereafter organized under the provisions of an act entitled "An act to pro- vide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for tne distribution of water thereby for irriga- tion purposes," approved March 7, 1887, may be changed in the manner herein prescribed; j but such change of the boundaries of the dis- | .rict snail not impair or affect its organization, ' or its rights in or to property, or any of its j eights or privileges of whatsoever kind or na- j Lure; nor shall it affect, impair or discharge i any contract, obligation, lien or charge for or ! upon which it was or might become liable or chargeable, had such cnauge of its boundaries not been made. Sec. 2. The holder or holders of title, or evi- ' dence of title, representing one-half or more of any body of lands adjacent to the boundary of an irrigation district, which are contiguous, And which, taken together, constitute one tract of land, may file with the board of di- rectors of said district a petition in writing praying that the boundaries of said district may be so changed as to include therein said, lands. The petition shall describe the boundaries of aaid parcel or tract of laud, and shall also describe the boundaries of the several parcels owned by the petitioners, if the petitioners be the owners respectively of dis- tinct parcels, but such descriptions need uot be more particular than they are required to be j when such lands are entered by the County ; Assessor in the assessment book. Such peti- ,' tion must contain the assent of the petitioners ; to the inclusion withiu said district of the ; parcels or tracts of land described in the peti- j tion, and of which said petition alleges they I are respectively the owners; and it must be i acknowledged in the same manner that con- veyances of land are required to b3 acknowl- ! edged. Sec. 3. The secretary of the board of direc- ! cors shall cause a notice of the filing of such petition to be given and published in the same manner anu for the same time that notices of special elections for the issue of bonds are re- quirad by said act to be published. The notice shall state the filing of such petition and the names of. the petitioners, a description of the lands mentioned, in said petition, and the ;.rayer of said petition; and it sbail notify all persons interested in of that may ba affected oy such change of the boundaries of the dis- j tr'ict to appear at the oilice of said board at a j time named in said notice and show cause in ' writing, if any they have, why the change in ; the boundaries oi said district, as proposed in j said petition, should not be made. The time ' to be specified in the notice at which they shall be required to slvow cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioners shall advance to the secretary sufficient money to pay the esti- mated costs of all proceeding under this act. Sec. 4. The board of directors, at the time and place mentioned iu the said notice, or at such other time or times to which tne hearing j of said petition may be adjourned, shall pro- ' ceed to hear the petition, and all the objections thereto, presented in writing by any person showing cause as aforesaid why said proposed ild not be made. The failure by any per- ' ghall descr itJ e the entire boundaries of said dis- interested in said district, or in the matter t { t nd for tnat purp os3 the board may cause u &* -x. -* <+. K.,,,^ O ,, Q , ^ a survey of such portions thereof to be made as the board may deem necessary. Sec. 10. Upon a change of the boundaries of a district being made a copy of the order of the board of directors ordering such change, certi tied by the president and secretary of the board, shall be filed for record in the Record- er's office of each county within which are sit- uated any of the lands of the district, and thereupon the district shall be and remain an irrigation district, as fully and to every intent and purpose as if the lands which are included in the district by the change of the boundaries, as aforesaid, had been included therein at the original organization of the district. Sec. 11. Upon the filing of the copies of the order, as in the lust preceding section men- tioned, the secretary shall record in the min- utes of the board the petition aforesaid ; and the said minutes, or a certified copy thereof, shall be admissible in evidence, with the same effect as the petition. Sec. 12. A guardian, an executor or an ad- ministrator of an estate, who is appointed as change of the boundaries of should not be made. The failure by any per- son of the proposed change of its boundaries, to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to a change of the boundaries of the district as praved for in said petition, or to such change thereof as will include a part of said lands. And the filing of such petition with said board, as aforesaid, shall be deemed and taken as an assent on the part of each and all of such petitioners to such a change of said bound- aries that they may include the whole or any portion of the lands described in said petition. Sec. 5. The board of directors to whom such petition is presented may require, as a con- dition precedent to the granting of the same, 'that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated (the several amounts to be determined by the board), as said petition- ers or their grantors would have been required to pay to such district as assessments had such lands been included in such district at the time the same was originally formed. Sec. 6. The board of directors, if they deem it not for the best interests of the district that such under the laws of this State, and who, as a change of its boundaries be so made as to j BUC h guardian, executor or administrator, is include therein the lands mentioned in the entitled to the possession of the lands belong- petition shall order that the petition, , j ng to tne es t a te which he represents, may, on be rejected. But if *&*?,_ flfSJ*^**. *?* behalf of his ward or the estate which he rep- resents, upon being thereunto authorized by the proper court, sign and acknowledge the petition in this act mentioned, tmd may show causa, as in this act mentioned, why the bound- aries of the district should not be changed. deem it for the best interests of the district that the boundaries of said district be changed, and if no person interested in said district or the pro- posed change of its boundaries shows cause in writing why the proposed change should not be made, or if, having shown cause, withdraws Sec. 13. In case of the inclusion of any land Qy lllclUC, Ui AJ.J i-lcaving oiAV,f *.* vt*v*i .1, .,**.. OCC. -LO. JL11 UUot: VI Lilt? lilOJ.UB.lUiJ. SJJL tljiv JiH-l the same, the board may order that tho boun- | w i th i n atl y district by proceedings under this daries of the district be so changed as to in- I act tue board of directors must, at least thirty elude therein the lands mentioued in said \\ j ays pr i r to the next succeeding general elec- petition or some part thereof. The order shall | t j orl> make an order redividing such district describe the boundaries as changed and shall '. j nto g ve divisions as nearly equal in size as also describe the entire boundaries of the dis- ' m ay be practicable, which shall be numbered trict as they will be after the change thereof as { nrst> se cond, third, fourth and fifth, and one aforesaid is made, and for that purppse_ the director shall thereafter be elected by each di- vision. For the purposes of elections the board of directors must establish a convenient num- ber of election precincts in said districts and define the boundaries thereof, which said pre- cincts may be changed from time to time, as j the board may deem necessary. EXCLUSION ACT. [Approved February 16, 1889.] SBCTION 1. The boundaries of any irrigation district now or hereafter organized under the j provisions of an act entitled "An act to pro- RlOrcbtllU. 1O 1UU.VAC, P.UVA *W fc*-i.t*w f-*+ t , v "*' ~ board may cause a survey to be made of such portions of said boundary as is deemed neces- Sec. 7. If any person interested in said dis- trict, or the proposed change of its boundaries, shall show cause as aforesaid why such bound- aries should not be changed, and shall not withdraw the same, and if the ooard of di- rectors deem it for the best interests of the dis- trict that the boundaries thereof be so changed as to include therein the lands mentioned m the petition, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the exterior bounda- ries of the lands which the board are of the opinion should be included within the bound- aries of the district when changed. Sec. 8. Upon the adoption of the resolution mentioned in the last preceding section the board shall order that an election be held within said district to determine whether the boundaries of the district shall be changed as mentioned in said resolution, and shall fix the time at which such election shall be held, and cause notice thereoi to be given and pub- lished. Sucn notice shall be given and pub- lished, and such election shall be held and conducted, tho returns thereof shall be made and canvassed, ana the result of the election ascertained and declared, and all things per- taining thereto conducted inthemanne: pre- scribed by said act in case of a special election to determine whether bonds of an irrigation district shall be issued. The ballots cast at said election shall contain the words " For change of boundary," or "Against change of boundary," or words equivalent thereto. The notice of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced. Sec. 9. If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district the board shall order that said petition be de- nied, and shall proceed no further in that mat- ter. But if a majority of such votes be in favor of such change of the boundaries of the district the board shall thereupon order vhat the bouii- s be changed in accordance with said res- vide for the organization and government of j irrigation districts, and to provide for the ac- quisition ol water and other property, and for ' the distribution of water thereby for irriga- tion purposes," approved March 7, 1887, may be changed, and tracts of land which were in- cluded within the boundaries of such district at or after its organization under the pro- visions of said act may be excluded therefrom, in the manner herein prescribed; but neither such change of the boundaries of the district, i nor auch exclusion of lands from the district, shall impair or affect its organization, or its right in or to property, or any of its rights or privileges, of whatever kind or nature; uor shall it affect, impair or discharge any con- tract, obligation, lien or charare for or upon which it was or might become liable or charge- able had such change of its boundaries not j been made or had not any land been excluded ! from the district. Sac. 2. The owner or owners in fee of one or more tracts of land which constitute a portion of an irrigation district may file with the board of directors of the district a petition praying that .such tracts, and any other tracts contiguous thereto, may be excluded and , taken from said district. The petition shall \ describe the boundaries of the land which the petitioners desire to have excluded from the district, and aUo the lands of each of such petitioners which are included within such boundaries; but the description of such lands need not be more particular or certain than is required when the land.s are entered in the assessment book by the County Assessor. Such petition must be acknowledged iu the same manner ancl form as is required in case of a conveyance of land, ana the acltnowiedgmevu shall have tho same force and effect as evi- dence as the acknowledgment of such con- veyance. Sec. 3. The secretary of tho board of directors shall cause a notice of the filing of such peti- tion to be published for at least two weeks in some newspaper published in the county where the office of the board of directors is sit- uated, and if any portion of such territory to be excluded lie within another county or counties, then said notice shall be so published in a newspaper published, within each of said counties; or if no newspaper be published therein, then by posting such notice for the \ same time in at least three public places in j said district, and, in case of the posting of said j notices, one of said notices must be so posted \] on the lands proposed to be excluded. The j notice shall state tne filing of such petition; f the names of the petitioners; a description of the lands mentioned in said petition and the prayer of said petition; and it shall notify all persons interested in, or that may be affected by such change of the boundaries of the district, :j to appear at the office of said board at a time j named in said notice, and show cau.se, in writ- [ ing, if any they have, why the change of the boundaries of said district, as proposed in said petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. Sec. 4. The board of directors, at the time and place mentioned in the notice, or at the time or times to which the hearing ot said petition may be adjourned, shall proceed to hear the petition and all objections thereto presented in writing by any person showing cause as aforesaid why the prayer of said peti- tion should not be granted. Tiie failure of any person interested in said district to show cause, in writing, why the tract or tracts of land mentioned in said petition should not be ex- cluded from said district shall be deemed and taken as an assent by him to the exclusion of such tract or tracts o'f land, or any part thereof, from said district; and the filing of such peti- tion with such board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners to the exclusion from such district of the lands mentioned in the petition, or any part thereof. Sec. 5. The board of directors, if they deem it not for the best interests of the district that the lauds mentioned in the petition, or some portion thereof, should be excluded from said district, shall order that said petition be de- nied: but if they deem it for the best interests of the district that lands mentioned in the petition, or some portion thereof, be excluded from the district, and if no person interested in the district show cause in writing why the said lands, or some portion thereof, should not be excluded from the district, or if. having shown cause, withdraws the same, and also, if there be no outstanding bonds of the district, then the board may order that the lands men- tioned in the petition, or some defined portion thereof, be excluded from the district. Sec. 6. If there be outstanding bonds of the district, then the board may adopt a resolution to the effect that the board deema it to the best interest of the district that the lands men- tioned in the petition, or some portion thereof, should be excluded from the district. The res- olution shall describe such lands so that the boundaries thereof can readily be traced. The holders of such outstanding bonds may give their assent in writing to the effect that they severally consent that the board may make an | order by which the lands mentioned in the I resolution may be excluded from the district. i The assent must be acknowledged by the sev- eral holders of such bonds in the same manner C and form as is required in case of a conveyance j, I of land, and the acknowledgment shall have j; * the same force and effect as evidence as the ac- knowledgment of such conveyance. The assent shall be nled with the board, and must be re- corded in the minutes of the board; and said minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as said assent; but if such assent be not filed, the board shall deny and dismiss said petition. sec. v. II tne assent aioresaid of the holder? of said bonds be filed and entered of record as aforesaid, and if there be objections presented by any person showing cause as aforesaid, j which have not been withdrawn, then the I board may order an election to be held in said ; district to determine whether an order shall be made excluding said laud from the district as mentioned in said resolution. The notice of such election shall describe the boundary of all lands which it is proposed to exclude, and : such notice shall be published for at least two weeks prior to such election in a newspaper published within the county where the office of the board of directors is situated; and if any portion of such territory to be excluded lie within another county or" counties, then said notice shall be so published in a newspaper published within each of such counties. Such notice shall require the electors to cast ballots which shall contain the words "For Exclu- sion," or "Against Exclusion," or words equiv- alent thereto. Such election shall be conducted in accordance with the general election laws of the State; provide i, that no particular form of ballot shall be required. Sec. 8. If at such election a majority of all the votes cast shall be against the exclusion of said lands from the district, tha board shall deny and dismiss said petition and proceed no further in said matter; but if a majority of such votes be in favor of the exclusion of said lands from the district, the board shall there- upon order that the said lands mentioned in said resolution be excluded from the district. The said order shall describe the boundaries of, the district should the exclusion of the said lands from said district change the boundaries of the district; and for that purpose the board may cause a survey to be made of such portions of the boundaries as the board may deem necessary. Sec. 9. Upon the entry in the minutes of the i board of any of the orders hereinbefore men- i tioiied, a copy thereof, certified by the presi- dent and the secretary of the board, shall be ; filed for record in the Recorder's office of each ; county within which are situated any of the lands of the district, and thereupon said dis- ' trict shall be and remain an irrigation district as fully, to every intent and purpose, as it would be had no change been made in the boundaries of the district, or had the lands excluded therefrooi never constituted a por- tion of the district. Sec. 10. If the lands excluded from any dis- ] trict under this act shall embrace the greater portion of any division or divisions of such dis- *.ct, then the office of director for such divis- ion or divisions shall become and be vacant at i the expiration of ten days from the final order of the board, under section 8 of this act, ex- cluding said lauds, and such vacancy or va- ' caucies shall be filled by appointment by the Board of Supervisors of the county where the office of sucii board is situated from the dis- trict at large. A director, appointed as above ' provided, shall hold his office until tho next j regular election for said district and until his successor is elected and qualified. Sec. 11. At least thirty days before the next general election of such district the board of directors thereof shall make an order dividing said district inio five divisions, as nearly equal in size as may be practicable, which shall be numbered first, second, third, fourth and fifth, and one director shall be elected by each divis- ion. For the purpose of elections in such dis- trict, the said board of directors must establish a convenient number of election precincts and define the boundaries thereof, which said pre- cincts may be changed from time to time, as the board of directors may deem necessary. Sec. 12. A guardian, an executor, or ah ad- ministrator of an estate, who is appointed as such under the laws of this State, and who, as such guardian, executor or administrator, is entitled to the possession of the lands be- longing to the estate which he represents may, on behalf of his ward or the estate which he represents, upon being thereto properly authorized by the proper court, sign and acknowledge the petition iu this act mentioned and may show cause, as in this act provided why the boundaries of the district should not be changed. Sec. 13. In case ot the exclusion of any land under the provisions OTtHis act there shau DB refunded to any and all persons who have paid any assessment or assessments to such district, bonds of said district maybe examined, ap- or any lands so excluded, any sum or sums so proved and confirmed by said court. paid. Such payments shall be made in the Sec - * Any person interested in said district, same manner as other claims against such dis- or in the issue or sale of said bonds, may de- trict and from such fund or funds as the board of directors may designate. CONFIRMATION ACT. [Approved March 16, 1889. ]' SECTION 1. The board of directors of an Irri- gation district now or hereafter organized under the provisions of an act entitled "An act to provide for the organization and govern- ment of irrigation districts, and to provide for tbe acquisition of water and other property and for the distribution of water thereby for ir- rigation purposes," approved March 7, 1887, niay commence a special proceeding in and by which the proceedings of said board aud of said district providing for and autnorizing the issue mur to or answer said petition. The provis- ions of the Code of Civil Procedure respecting the demurrer and the answer to a verified com- plaint shall be applicable to a demurrer and answer to said petition. The persons so d-e- inurring to or answering said petition shall be the defendants to said special proceeding, and the board of directors shall be the plaintiff. Every material statement of the petition not specifically controverted by the answer must, for the purpose of said anenial nrooftpdino-. h r the purpose of said special proceeding, be taken as true; and each person failing t*> an- | swer the petition shall be deemed to aduait as true all the material statements of the petition. The rules of pleading and practice provided by the Code of Civil Procedure which are not in- . consistent with the provisions of this act are and sale of the bonds ol said district, whether applicable to the special proceeding herein said bonds, or any of them, have or have not provided for. A motion for a new trial must been sold, may be judicially examined, ap- be made upon the minutes of the coufrt The proven and confirmed. V t orde r granting a new trial must specfl? the is bee. 2. The board of directors of the irriga- sues to be re-examined on such new trial, and t on district shall hie m the Superior Court of t the findings of the court upon the other issues the county in which the lands of the district, shall not be affected by such order granting a or some portion thereof, are situated, a petition new triaL praying, in effect, tnat the proceedings afore- said may be examined, approved and con- firmed by the court. The petition shall state the facts showing the proceedings had for the issue and sale of said bonds, and shall state generally that the irrigation district was duly organized and that the first board of directors \'-as duly elected; but the petition need not state the facts showing such organization of the district or the election of said first board of directors. See. 3. The court shall fix the time for the hearing of said petition, and shall order the Cleric of the court to give and publish a notice of the filing of said petition. The notice shall be given and published in the same manner and for the same length of time that the notice of a special election provided for by said act, to determine whether the bonds of said district shall be' issued, is required to be given and pub- lished. The notice shall state the time and Sec. 5. Upon the hearing of such special proceeding the court shall have power and 3u- / risdiction to examine and determine the le- gality and validity of and approve and confirm each and all of the proceedings for the organi- zation of said district under tno provisions of ' the said act, from nnd including the petition for the organization of the district, and all other proceedings which may affect the legal- ity or validity of said bonds, and the order for the sale and the sale thereof. The court in in- quiring into the regularity, legality or correct- ness of said proceedings must disregard any error, irregularity or omission which does not affect the substantial rights of the parties to said special proceeding; and it may approve and confirm such proceedings in part and dis- approve and declare illegal or invalid other ; and subsequent parts of the proceedings. The i court shall find and determine whetner the notice of the filing of said petition has been place fixed for the hearing of the petition and duly given ana published for the time and in 'i the r>raver of the petition, and that anv nfirsnn *ha mov.^^^ , +h^, ,_,-u^^ rr.u- the prayer of the petition, and that any person interested in the organization of said 'district, or in the proceedings for the issue or sale of said bonds, may, on or before the day fixed for the hearing of said petition, demur to or an- swer said petition. The petition may be re- ferreo. to and described in said petition of the board of gation district (giving its name), praying that i jugdmenfc the proceedings for the issue and sale of the ' the manner in this act prescribed. The costs of the special proceedings may be allowed and apportioned between all the parties in the dis- cretion of the court. Sec. 6. An appeal from an order granting or refusing new trial, or from the judgment, ' * ~ -i^Auomg ULUVV tiAOij, vi nuui tilts juuirmenit d notice as the must be taken by the party aggrieved within ! _ f _-T 1>; ten days after the entry of said order or said Homc of irriffOtionista at Scdlands. IN THE COUHTS. 'VARIOUS POIN'PS THAT HAVE BEEN LITIGATED. The Law Upheld by Repeated Decis- ions of the Supreme Court History of the Cases. It is of course desirable that laws em* bodying BO many novel features as this should be passed upon by the courts and their constitutionality determined. Neces- sarily there were those who thought themselves aggrieved by the new law, and they were not slow in putting the legal machinery into operation for the purpose of securing the relief to which they believed themselves entitled. Happily, however, the law had been most carefully drawn, no loopholes had been left, and in conse- quence in every one of the suits brought the upholders of the act proved victorious. In order that it may be Known exactly what questions were raised and what de- cisions were reached in regard to each a full report of the litigation so far con- cluded is given. It will convince ny one of the fact that the law is fully and en- tirely constitutional, and that it is folly to oppose its beneficial operation. Suprema Court Decision* Construing Irrigation Law. (No. 12456. In Bank, May 31, 1888.) TUBLOCK IRRIGATION DISTRICT, PETITIONER, TS. B. W. WILLIAMS, SECRETARY, ETC., RESPONDENT. [76 Cal. 360-372.] Irrigation Districts Act of March 7, 1887 Constitu- tional Law.'Lhe act of March 7, 1387, provid- ing for the organization and government of irrigation districts, and the provisions thereof relative to the condemnation of private prop- erty, lauds, water, etc., for the uses pre- scribed therein, are constitutional. Idein Irrigation Districts Public Corporations. The irrigation districts provided for in the act are quasi public corporations, in the senae that the purposes for wnich they are to organize is for the general public benefit. Idein Method of Assessment General System of Taoc- ation.l.'i is not necessary to their validity that the methods adopted for the levy of assess- ments and for their col lection should be assim- ilated to and follow exactly the mode provided in the Constitution fjr the assessment and collection of taxes for general State purposes. This is a proceeding to compel the respond- ent, the secretary of the Turloek irrigation dis- trict, to sign, certain bonds ordered to be issued agaitfirt said district by the board of directors thereof. Tue act under which said district was organ- ized, and the authority upon which it is asked that the respondent be compelled to sign said bonds, was approved March 7, 1887. The first section of said statute provides for t,he organization of irrigation districts upon pe- titions filed with the Board of Supervisors by fifty or a majority of freeholders owning land susceptible of one mode of irrigation from a common source. It is also required that after a petition is filed the Board of Supervisors shall make an order fixing the boundaries of the dis- trict, and shall thereupon call an election, of I which notice is required to be given, at which the electors residing within the proposed dis- | trict are permitted to vote for or against its tir- i ganization. It is also provided that, if two-thirds of the electors residing within said proposed district vote in favor of its organization into an irriga- tion district, the Board ol Supervisors shall de- clare the district duly organized. The act also provides for the election of an assessor, collector and treasurer, and a board of five directors for the district. To the board of directors is given the power to manage and conduct the business and affairs of the dis- erict, maka and execute all necessary con- tracts, and employ and appoint such agents, officers and employes as may be required, pre- scribe their duties, establish equitable by-laws, rules and regulations for the distribution and ' use of the water among the owners of said land, and generally to perform all such acts as shall be necessary to fully carry out the pur- poses of the act. General powers are given to the board of directors to enter upon lands in the district and make surveys, to locate the : lines of canals, to acquire by purchase or con- ' demnatiori all lands and waters and other.prop- ' erty necessary for the construction, use, sup- ply, maintenance, repair and improvement of said canal or canals and works, to construct dams, reservoirs and works for the collection of water, and to do any and every lawful act necessary to be done in order that sufficient water may be furnished to each land owner in said district for irrigation purposes. Posvers are also conferred upon said board of ; directors to estimate and determine the amount of money necessary to be raised for the purposes of the act, and for the purpose of < raising said money to call an election and sub- I init to the electors residing within said dis- ! trict the question whether or not the bonds of ! said district shall be issued in the amount so ; determined to be necessary. Said board also < has power under said act to to sell said bonds. It is provided by section 13 of said act that the legal title to all property acquired under the provisions thereof shall immediately and < ' by operation of law rest in the irrigation dis- trict, and shall be held by such district in trust : for the uses and purposes set forth in the act. In said section, it is provided that the board ' may hold, use, acquire, manage, occupy and j possess said property as provided in said act. It ia also provided that the bonds issued by the ' order of the board of directors and the interest j thvreon shall be paid by revenue derived from I an Annual assessment upon the real property of the district, and that all the real property iu the district shall be and remain liable to be as- sessed for such payment, as provided in said act. Provision is also made for the assessment of said property by the assessor of the district, for the publication of the delinquent list, the collection of penalties on delinquent assess- ment, the sale of property for me purpose of I paying said assessment, the redemption of the i property,; the execution of deeds by the col- ! lector oil said district, transferring absolutely ! the proparty of landowners within the district i refusing to submit to the tax and assessment j provided for, the vesting of title in the pur- chaser, etc. It is also provided by section 23 of said act i that the assessment upon real property shall ' constitute a lien against the property assessed ! from and after the 1st of March of any year, ' and that such lien shall not be lemoved until ; such assessments are paid or the property sold j for the payment thereof. Provision is also made for the apportionment of water among the residents of the district. The further facts are stated in the opinion. P. J. Hazen, Hatton & Fulkerth and W. H. Beatty for petitioner. The districts provided for in the act of March 7, 1887, are public or quasi public corpora- tions, and the purposes for which they are in- tended are public. (Tide Water Co. vs. Coster, 18 N. J. Eq., 521; 90 Am. Dec., G34; Hartwell vs. Armstrong, 19 Barb., 106; Lux vs. Haggiu 69 Cal., 303; Gilmer vs. Lime Point, 18 Cal ' 252; Cooley on Taxation, 2d ed., 103; Olm- stead vs. Camp, 33 Conn., 532; 89 Am. Dec 221; Talbot v*. Hudson, 82 Mass., 4=17: Coomes Y 3. Burt, 39 Mass., 427; Wurts vs. Hoasland, ! 114 U. S., 606; Head vs. Amoskeag Manufact- 56; i uring Co., 113 U. S., 9; Const, art 14, sec. 1; " Hager vs. Reclamation District, 111 U. S., 701; Hager vs. Yolo County, 47 CaL, 222; Reclama- tion District vs. Hager, 66 CaL, 54; C. W. & Z.< R. R. vs. Com. Clinton Co., 1 Ohio St., 94; Bar-j bier vs. Connelly, 113 U. S., 27; S. &. V. R. R.| Co. vs. Stockton, 41 Cai., 147.) The charge im posed for the purpose of paying the bonds was strictly an assessment for local improvements and not a general tax; consequently the methods adopted for entorcing the assessment i need not conform to the reqirementa of the Constitution in reference to general taxation. (Dillon on Municipal Corporation, 752: Desty on Taxation, 151-171; Cooley on Taxation, 639; Goodrich vs. W. & D. T. Co., 26 Ind. 119; Creighton vs. Scott, 14 Ohio St. 438; Seattle vs. Yenler, 1 Wash. 571; Dailey vs. Swope, 47 Miss. 367; Mason vs. Spencer, 35" Kan. 512; MeGehee vs. Mathis, 21 Ark. 40; Emery vs. San Francisco Gas Company, 28 Cal. 346; Burnett vs. Saora- mento, 12 Cal. 76; 73 Am. Dec. 518.) The Legislature had constitutional authority to commit the power to levy the assessment to a special board. (Hager vs. Reclamation Dis- trict No. 108, 111 U. S. 701.) It is not neces- sary that the local improvement for which the assessment is levied should be confined within, the district taxed. (Pat.tison vs. Yolo county, Corporation, 70 Me. 528 ; re U WarhintonAvenue?69 '.because it authorizes the taking , u^perty without due process of law. Constitutional Limitations, 355 ;Bank ^ubia vs. Oakley, 4 Wheat 244; David- son^TNewVrleans, 96\r. S. 107.) The statute . , authorizes private property to be assessed and sold to pay for a future, uncertain and contin- gent improvement (In re Drainage of Pequest feiTTPr 39 N J L 433; In re Fourth Avenue, 3 Wend' Isl; Const Cal., Art 1, Sec. 14.) The assessment is not limited to the benefits con- ferred The statute allows the bpard of direct- ors and votes of a district to raise the assess- thougn the high as they please, even thougn the ie improvement will exceed the bene- wford vs.Teople, 82 111. 557; In re ment as cost of the improv fits. (Crawford 3 Wend. 452; Welty on As- 331-337; Eel River Dram- inc Association vs. Topp, 16 Ind. 242, Dukes vs. Working, 93 Ind. 504; Echisoa Ditch Association vs. Hills, 40 Ind. 410; j m ith vs Duck Pond Ditch Association, 4 ?~i q ) Tne statute authorizes the forma- Jion'of a district and the assessment of lands "Y tnoll t srivin ' all the landholders the right ot u ""inff (Boorman vs. Santa Barbara, 65 Cal, oi7. cn m ,-t vs Palmer 74 N. Y. 183; 30 Am. 13 Cal. 189.) The Legislature has power to "p 1 *' 289- Rem sen vs. W heeler, 105 N.Y. 573;. determine all questions of policy involved in, 1 p.: t t' eri vs ' Green 13 Cal. 325; Stockton vs. the formation of an irrigation district and 7vhj tm ore 50 Cal. 554; Cooley's Constitu- might delegate such power to Boards of Super- OrtJj t/V V>vv taxe ( Const, art 19, sec. 13; Moul- Orleans, 96 U. S. 97; Hager vs. Yolo county, 47 Sn TO Parks 64 Cal 166; ex parte Wall, 48 CaL 222; Burroughs on Taxation, sec. 145; 5J"t 279- 17 Am. Rep. 425; Houghton vs. Hager vs. Reclamation District No. 108, 111 U. Austin 47 Cal 646; Cooley on Taxation, 8.708.) The assessment need not be strictly 4g_5o-' Richardson vs. Heydenfeldt, 46 Cal. according to benefit Approximation is that ,. t The statute grants special privileges to a that can be attained and all that is required. I rS*.ii class of citizens and discriminates in (Cooley on Taxation, 2ded., 167; Egyptian L. ?!. m o ? a particular industry. (Opinion of Co. vs. Hardin, 27 M. 495; 72 Am. Dec. 279; Tndsraa 58 Me 590; Brewer Brick Co. vs. Emery vs. S. F. Gas Co., 28 Cal. 346.) The as- I Brewer 62 Me' 62; 16 Am. Rep. 395; Anaeg sessment in question is as strictly according to " p _.' H Uro n Log Driving, etc., Co. n " benefits as could be attained in any case, and iog. Gcmst art lf Beo< * art% ' far more so than in most cases of local assess- ~rj: ' -^ \ ments, and the best_mode applicable _ in Jhig j A ; L> art? amicug curie,_for respondent 11 Mich. sec * matter. (Cooley on Taxation, 2d ed. , 660, 661 ; Downer vs. Boston. 61 Mass. 227; Piper's Ap- peal, 32 Cal. 530; Wright vs. Boston, 63 Mass, 233; Boston vs. Shaw, 42 Mass. 120; Good- rich vs. U. & D. T. Co., 20 Ind. 119; Dailey vs. Swope, 47 Miss. 367; Williams vs. CammacU:, 27 Miss. 209; 61 Am. Dec. 508; Wallace vs. Shelton, 14 La. Ann. 498; Spencer vs. Mer- \ chant, 100 N. Y. 585; Excelsior Manufacturing ; & P. Co. vs. Green, 39 La. Ann. 455; Lent vs. Tillson, 72 Cal. 404.) Louttit, Woods & Levinsky, for respondent The statute authorizes the assessment and taking of private property for a private pur- pose. (Sedgwiek on Constitutional Law, 2d ed. 446-450; Anderson vs. Kerns Draining Co., 19 Ind. 199; 77 Am. Dec. 63; People vs. Saginaw, 26 Mich. 22 ; Sadler vs. Longham. 34 Ala. 329; Memphis Freight Com. vs. Mayor, etc., 3 Coldw. 420; Donnelly vs. Decker, 58 Wis. 461; Matter of Reyes, 72 N. Y. 1; Burk vs. Ayres, 26 Hun. 17; McQuillen vs. Hatton, 43 Ohio St. 202; Cheesebrough V8. Commissioners, 37 Ohio St. 508; Reeves vs. Wood County, 8 Ohio St. 333; Sessions vs. Crunkilton, 20 Ohio St. 349; Cooley's Constitutional Limitations, 5th ed., 633.) The statute authorizes the as- sessment and taking of out reference to actual benefits, , tionment is unequal and unjust; consequently the statute is uncoustitutional. (Boston vs. Shaw, 42 Mass. 130; Thomas vs. Gain, 35 T> -~?leB, iu every -.ftrt t*j*AWA** xx*-..- j - - - f district formed under the act, lor th irrigating private lands, and thug heir productiveness and value, IB respect a private corporation. Field on Corporations, sec. 3; l Wood's Field on corporations, seu. o, 1 Dillon on Municipal Corporations, 3d ed., sees. 22-56; Ten Eyck vs. Canal Co., 3 Harr. 300; 37 Am. Dec. 233; Hanson vs. Vernon, 27 Iowa, 28; 1 Am. Rep. 215; 'Regents of Univer- sity v. Williams, 8 Gill. & J. 365; 31 Am. Dec 72- Allen vs. McKean, 1 Sum. 278; Dartmouth College vs. Woodward, 4 Wheat 518; Bailey vs. Mlyor, 3 HilL 531; 88 Am. Dec. 669; Bun- private property with- >enefits, and the appor- dell vs. D. & R. C. Co., 1 Wall. Jr. 2, mail vs. Belvidere Delaware R. K. ^y.,-~ N J L 148; 59 Am. Dec. 56o; Nortn Yar- mouth vs. SkiJlings, 45 Me. 133; 71 Am. Dec. 530; Bills vs. Marshall, 2 Mass. 268; 3 Am. Dec 49; Yarmouth vs. North Yarmouth, 34 Me 411; 5tf Am. Dec. 666; Payne vs. Tread- well, 16 Cai. 233.) W. L. Dudley, for respondent The district created under the act is a publio corporation. (Haservs. Yolo County, 47 Cal. 223; Dean vs. Davis, 51 CaL 406; People vs. Williams, 56 CaL 647; People vs. La Rue, 67 Cal. 526; Reclamation District vs. Hager, 5b Cal. 54.) The assessment levied for the rev- enue purposes of the Act is neither more nor less than taxation, and the amount imposed upon each separate parcel of real is a Palmer, CaL 351; Williams vs. Corcoran, People vs. Austin, 47 CaL^ 353} < Mich. 155; 24 Am. Rep. 535; Lee vs. R8|. le f - Taylor vs. ] 62 111. 427; Tide Water Co. vs. Coster, 18 N. J. Jyiwler, 41 Eq. 529; 90 Am. Dec. 634; Howell vs. Bristoll, | 4^ a i 553; reopie v. ^.uonu, vyx. ~.~, 8 Bush, 493; Hammett vs. Philadelphia, 65 Pa. i Hager vs . Yolo County, 47 Cal. 222; People St. 146; 3 Am. Rep. 615; Hoboken Land, | ^ yneh 51 C al. 15; 21 Am. Rep. 677.) The etc., Co. vs. Mayor, etc., 36 N. J. L. 291; Morris i proceedings for the levvin? and collection of and Essex R. R. Co. vs. Jersey City, 36 N. XL. ' proceedings for the levying and collection of the assessment as provided in the act, arcj re- pugniirit to the Uonstitution. (Const., Art. 13, sees. 8-9; Art 14, sec. 1.) W. T. Baggett, for respondent The act is special legislation. It relates to particular localities districts susceptible of irrigation from a common source. Such legis- lation is prohibited by subdivisions 10, 28 and - 33 of section 25 of Article IV, section 1 ol Article XII and section 6 of Article XI of the Constitution of the State. (Earle vs. Board of Education, 55 Cal. 489; Desmond vs. Dunn, 55 Cal. 242; Ex parte Westerfield, 55 Cal, 550; 36 Am. Kep. 47.) By Foote, C. : This is an application for a writ oi mandate to compel the defendant, as the secretary of an irrigation district (under ''An act to provide for the organization and government of irrigation districts," etc., ap- proved March 7, 1887. Sess. Laws, p. 29), to sign certain bonds which the applicant pro- poses to issue under section 15 of that act. The refusal of the defendant to sign those instruments is based upon the ground that the statute ia unconstitutional and void. One of the distinguished counsel for the de- fendant contends that the districts contem- | plated by the act aro private corporations, j formed for private purposes. To use his owu language: "Such an organization has none of the elements of a public municipal body." While another able attorney on the same . side contends that '-all the constituents of the . public corporation aro present, and to that class of corporations a district of the statute must be assigned," and claims that the money sought to be raised under the act is a general tax, and that the system of organization of the corporations prescribed sn the act is in conflict with the general plan of constitutional polit- ical organization, and that the mode of taxa- tion provided is different irom that made nec- essary by the Constitution for general govern- mental purposes, and therefore the act is void. We are inclined to agree with the last men- tioned advocate of the defendant's cause, but to the extent only that the district, when or- 1 ganized as provided in the act under discus- sion, has all the elements of corporations formed to accomplish a public use and pur- Eose, according to the rules of law laid down i Hager vs. Supervisors of Yolo county, 47 Cal. 21:3; Dean vs. Davis, 51 Cal. 406; People vs. Williams, 56 Cal. 647: People vs. La Rue, ' 67 CaL 526; Reclamation District vs. Hagor, 66 Cal. 54. The results to be derived from a drainage law, and one which has for its purpose the irri- gation of immense bodies of arid lands, must I necessarily be the same as respects the public [ good; the "one is intended to bring into cultiva-^ tion and make pifbcfviSiive a large acreage of , : land which would otherwise remain unculti- vated and unproductive of any advantage to the State, being useless, incapable of yielding any revenue of importance toward the support of the general purposes of State government, by reason of too much water flowing over, oi standing upon, or percolating through them. The other has for its raaiu object the utilise- . ing and improvement ol' vast tracts of arid and unfruitful soil, desert-like in character, much of which, ii : water in sufficient quantity can be conducted upou aud applied to it, may be made to produce the same results as flow from the drainage of large bodies of swamp and over/lowed lands. Such a general scheme by which immigration may be stimulated, the taxable property of the State increased, the relative burden of taxation as to the whole people decreased, and the com- fort and advantage of many thriving commu- nities subserved, would seera to redound to the common advantage of all the people of the State, to a greater or less extent. It is true that, Incidentally, private persons and private property may be benefited, out the main plan or the Legislature, to wit: the gen- eral welfare of the whole people, inseparably bound up with the interests of those living in sections which aro dry and unproductive without irrigation, is plain to be seen pervad- ing the whole act m question. This is not a law passed to accomplish ex- clusive and seliish private gains; it is an , exj.'jnsive and far-reaching plan, by which the general public may oe vasuy Deuentea; ana the Legislature acted with good judgment in enacting it. "if the use for which the property is taken be to satisfy a great public wniit or public exigency, it is a public use within the meaning of ihe Constitution, and the State is not limited to any given mode of applying that property to satisfy the want or meet the exigency." (Gilraer vs. Lime Point, IB Cal. 252.) "For the most part, the term 'public pur- poses' is employed in the same sense in the law of taxation and in the law of eminent domain." (Cooley on Taxation, 2d ed., 113.) So that a law which is for a public purpose, and which rauy concern the public welfare, which lays an assessment upon property according to approximate quality of benefit, is not unconstitutional because of that feature. Perhaps to a greater extent than any of the other States, California, speaking through the acts of her Legislature, her court of last resort, and Constitution, seems to have considered the irrigation of lands and the supplying oi mines with water as of great public concern. (Code Civ. Proc.. sac. 1238; Cummiugs vs. Pe- ters, 56 Cal. 596; Lux vs. Haggiii. 69 Cal., 302- 305; Const., art. XIV, sec. 1.') And in no sen.se can it be said that under the act, in question the assessment to pay the bonds is to be levied or collected in order that one man msEy take another's property for his own exclusive use. Tuei'utore, it is evident that the districts in question, as organized under the act, are not private corporations, organized exclusively for the purposes of private gains. Thay are at least quasi public corporations in the sense that the purpose for which they are to be organized is for the general public benefit Nor does it f9llow that the method of assess- ments and their collection adopted must be as- similated to and follow exactly the mode pro- vided iu the CouBtitution for the assessment and collection of taxes for general State pur- poses. The nature ol the assessment is one for local improvements, which, however, eventuate in the advancement of the public good, and such assessments aud collections can be lawfully made. It is "clear that those clauses of the Constitu- tion which provide that taxation shall be equal aud uuiforin, and which describe the mode of assessment and the persons bv whom it shall be made, and tbat all property shall be taxed, have no application to assessments levied for local improvements." (Ha^er vs. Supervisors oi Yolo County, 47 Cal. 222.) And there was said of the Drainage act, so it may be said of the one in hand relative to irri- gation, that a system that has lor its object the reclaiming from the desert of vast bodies oi land, "may justly be regarded a public im- provement of great magnitude, and of the ut- most importance to the community." It has been planned by the Legislature ou the basis of "dividing a territory to be reclaimed into districts, and assessing the cost of improve- ments to the lands to be benefited." In none oi ! the States where such a course has been pur- sued "has the power of the Legislature to cause such improvements to be made in this method ever been denied; nor do we see any tenable ground upon which it can be questioned." (Hager vs. Supervisors of Yolo County, 47 Cal. 'he fact that the land is situated in more than one county cannot affect the power of the State to delegate authority for the establish- ment of thu reclamation district," or an irriga- ting district, " to the Supervisors of the county containing the greater part of the lauds. Such authority iriay be lodged in any board or tribunal which the Legislature may designate. * * * The expense of such worKs may be charged against parties specially benefited. and be made a lien upon their property. All that is required in such cases is, that the charges shall be apportioned in some just ana reasonable mode, according to the benefit re- ceived. Absolute equality in imposing them may not be reached; only an approximation to it may be attainable. If no direct or invidious discrimination m lavor 01 certain persons 10 the prejudice of others is made, it is not an objection to the mode pursued that to sonu- extent inequalities may arise. It may pos- sibly be that in some portions of the country there are overflowed lands of so large an extent 'or arid lands requiring irrigation,' that the expense of their reclamation should pro- perly be borne by the State. But this is a matter oi : purely legislative discretion. When- ever a local improvement is authorized it is for the Legislature to prescribe the way in which the means to meet its cost shall be raised, whether by general taxation or by lay- ing the burden upon the district especially benefited by the expenditure." (Hager vs. Rec. Dist, 111 U. S. 705, citing Mobile Co. vs. Kimbnli. 10'J U. S. 091-704.) The provisions of the act relative to the con- demnation of private property, lands, water, etc., for tne uses prescribed therein are in har- mony with the Constitution and State laws, and in strict consonance with the views of the Supreme Court in the case of Lux vs. Haggiu. 69 Cal. 302-305. There are many other points made by the various counsel for the appellant which a e some of them at war with others, but time and space do not suffice to advert to them in detail. It seems plain that none of the objections raised to the signing of the bonds by the re- spondents are tenable. The act under discus- sion in all respects complies with the various provisions of the State Constitution. We there- lore advise that the demurrer to the answer De sustained, and the defendant commanded to sign the bonds by a peremptory writ of man- date. Belcher, C. C., and Hayne, C., concurred. By the court: For the reasons given in the foregoing opinion the demurrer to the answer is sustained, and it is ordered that a peremp- tory writ- of mandate issue commanding the defendant to sigu the bonds. (No. 12,954. In Bank, May 31, 1839.) CENTRAL IUIUGATION DISTRICT, Respondent, vs. R. BE LAPPS, SECRETARY, ETC., Defend- ant, and LEK S. WAKEFIELD, Intervenor, Ap- pellants. [79 Cal. 351-365.] Irrigation Districts Puldic Corporations Irrigation districts are public Corporations to the same ex- tent as reclamation districts. Jtitnv Proceeding* for Formation to lie Liberally Construed The rule trial proceedings to divest ?.: person of his property in invitum are to be strictly constru d does nut auply to proceedings for th- formation of irr gatioa districts. Such proceed- ings are to be liberally construed to carry out UH-. purposes of the iaw. Petition, Or. tc.r MtablltMnq Jioimdaries Description 1'Mles of (..'(instruction Mmmmcnls False Calls Petrol Jiviile.nccA. description by metes and bounds, \vhich would bo sufficient iu an ordinary deed, is sufficient in the petition and in the order establishing boundaries; and the same genera; rules of Construction apply in each case. There- fore, piaiu monuments control courses and dis- tances, false calls may bs rejected ar.d lines sup- plied by int3:idraent, and parol evidence is ad inissible to exo'.am and locate calls. &ond Defective R>'j>rcum to Petition X the bond required irom the petitioners recites two names as petitioners which were not such in fact, but was n'led .with the petition, and appears thai there was :i<> other petition than the one filed the reference is sufficient for the purposes of identification. Ide-in^-CuKdition Where the statute required bond conditioned to paying a certain contin- gency, and the condition of the bond given was lo )> ij' er of the Board to Allow a J\ew Jlond tt Lieu of a Drffct.it'c Onr, and to Oontinu- tliK Jlxtriitu i\,r that Purpose If the bond tiler) with the petition is defective merely, and the board has power to allow a new bond to be filed, and to continue the hearing lor that purpose, such new bond "accompanies" the petition within the ine.:nini* o! the statute. Presentation of Petition Jtf(iu,'ar Meeting of Board Coil.: ai.oritij of Meeting Meet- ings of the board held as and for regular meet fngB, umier an ordinance prescribing the meet inks atid which were the only "regular meetings held for a long period, are "reg'u.ar' witai a tbo meaning of the statute, and objec- tions to the validity of the proceedings on the ; passage of the ordinance are immaterial. if tii. v.-a.s not properly passed, fact would not have any such collateral and far reaching ellect as to render abortive all the pub- He busing transacted at such meeting. ' Publication Siictlii Mistakes UL.ht mistakes in - the spelling of names, etc., in the publication. an dn important. Modi/lcdtton by the Board of the boundaries of ilu, 'i.v'd j'ixh'ic.t Including other Lands upon Jlf quest of Owners Excluding Lands ivhicb art Jfinliraced Within a Description of Petition cunt wfiic, ' Hue, oj Irriftution The board has power unon n',;al heatinff to include within th< district la. ids not included by tae petition, upon application of the owners thereof; t;uch applicn- ti',u n?eu not be in v/riiing, and it land* Kre embraced within tho description of ti tion, and which are susceptible of irrigation etc., are v.xcluded by ilie board, its action so far as the validity of the organization of tin- district is concerned. Id 'm ^itenteMofl^xtmrf {he Decision of IJifBo&rtl. It i'j not nocc-ssary that the order e.staU!' the boundaiios should state the reasons of Uu board ior excluding lauds, buch order is a sulli- cii.-nt decision. Election PnclHination Publication Number of Jn- i,vlions. 'i'ne provis.ou ih.it iluo ejection proc.a- jj3.ai.ioii shall be > u'oiLhed " for three weeks prior tn the election " designates the period of pub'.ica- tion ouij-, and not the number of insertions, which la'ter is left to the reasonable discretion of tha board. Instance of reasonable publication. ; Preeinct8m*n to If. /JstaWfs/ied'. The election pi-pcincts are not required to be es- tablished thirty days before e. action. It in su;'- fk'isnt if they are established by the eh proclamation, which is required to be oubiiahed for thr?e weeks. Form of District Bonds. Bonds of the district dra\vn so as to be ?ach payable in iiwtalinients are ia proper form. Appeal from a judgment of the Superior Court of Colnsa county. The facts are stated in the opinion. W. F. Goad and W. C. Belcher for appellant , De Lappe. H. M. Albery and K. Albery for appellant WakefieM. Richard Bayne for respondent. Stanton L. Carter amicus curice. By llf.yne, C.: Thia was an application for martdaia.a.5 to compel the secretary of an irri- gation district to sign and I'enl oottaln bonds. One of the property-owners of the district was allowed to intervene for the purpose of contest- ing the validitv of the bonds. The court below awarded the mandamus, and the defendant and intervenor appeal. The district was organized under the act known as the Wright law. (See Laws 1837, p. 29.) This act was held to be constitutional in Turlock Irrigation District vs. Williams, 70 Cal., 300. In that case irrigation districts \vcre I likened to districts organised for the reclaraa- | tion of swamp hind*, aud the court said th.U 1 it was inclined to think that they were to be 1 regarded as public corporations. We think that tho analogy between the two kinds of cor- porations is strong. The purpose of the one is to make large bodies of land lit for cultivation by removing the excess of water; and that of tho other is to make large bodies of land fit for cultivation by distributing water over them. Their general powers arc similar in many re- spects, and they are organized upon the same plan. It is settled that reclamation districts are public corporations. (Dean vs. Davis, 51 , Cal., 410, 411; People vs Rec. Dist., 53 Cal., ; 34S; People vs. Williains,5G Cal., 647; Hope vs. ; Perdue, (32 Cal., 540; People vs. La Hue, 07 ' Cal., 528.) And we think that irrigation dis- tricts must be held to be so to the same extent. Many objections are taken to the proceedings of the organization of the district. And the argument in relation thereto rests in great part upon the propositions that the proceed- ings are to be strictly construed. This is put upon two grounds. It is said, in the first place, that the proceedings are for the purpose of di- vesting the citizen of his property in invitum. It is true that later on provision is made for assessing the property within a district for the purpose of defraying expenses. But i no assessments have yet been levied, and nom 1 are involved in the case before us. The objec- i tions made relate to the organization of the district. The urimary purpose of such organi- zafioiiTs to perform certain important public functions, The power of assessment, it is true, is incidental; but in the same way it is inci- dental to cities and other municipal cor- porations, strictly so called, for the improve- ment of streets, etc. And it can no more be said that for this reason proceedings for the or- ganization of irrigation districts are for the purpose of depriving the citizen of his prop- j erty in invitum than the same could be said of "proceedings for the organization of cities and other municipal corporations. It is said, in the next place, that the district was not created by the Legislature itself, but by or under the supervision of a local body. But till municipal corporations in the State are henceforth to 'be created in thia way. Th^ Constitution provides that corporations for municipal purposes shall not be created by special laws, but shall be organized under such general laws as the Legislature shall provide. (Art. 11, sec. 6.) This necessitates organiza- t tiou under some kind of local supervision. And \- the general laws which the Legislature ha?- provided require that the organization shall be under the supervision of a local body, much in the same way as in the case of an irrigation district. A petition, "which shall set forth and describe the proposed boundaries of such cor poration," is to be presented to the Board of Supervisors of the county, which body is to deal with it much in the same manner as the board is to deal with the petition for the for- mation of au irrigation district. In fact the phraseology of an irrigation law is so similar to that of a municipal corporation act aa to make it evident that' the former was modeled upon the latter. (See Laws 1883, p.'94.) Hence, if proceedings for the formation of irrigation districts are to be strictly con&trued because they are organized under the supervision of a local body, proceedings for the formation o municipal corporations must be so construed for the same reason. But the consequences 01 of wiping out municipal organizations, per- haps after property rights have grown up, because of some slip in the prelim- inary proceeding, would be so serious that we cannot think that any cour, | would adopt the strict rule of con- struction which would require it. It will be time enough to apply such a rule when ques- tions as to the extent of the powers arise. So far as proceedings for the organization are con- cerned., we think that a reasonably liberal rult of construction should be adopted to carry out the wise purposes of the law. In the light of this rule we proceed to exam- ine the various objections made: First Several objections are taken to the de- scription contained in the petition. They are based upon the requirement of the second sec- tion of the act that such petition "shall set fortu and particularly describe the proposed bounda- ries of such districts." It is probable that this provision requires a description by metes and bounds, for it is "the boundaries" v/hich are to be described and not merely the district. Bu; we think that a description by metes and bounds which would be sufficient in an ordi- nary deed is a compliance with the pro- visions. " The same construction that is given to grants is given to statutes which prescribe the boundaries of incorpo- rated territories." (Cold Spring Iron Works vs. Tolland, 9 Cush. 496.) It has even been held that a more liberal rule should be applied. (Hamilton vs. McNeil, 13 Gratt. 394.) But at all events a description by metes and bound:- which youid be good in a deed is sufficient in the petition. Now, the main part in regard to the descrip- tion is that it cannot be made to close upon itself. The learned counsel say that "the only way in which this could be done would be to change the distance '200 feet' in line 10 ol folio 14 to ' 2000 feet,' and ' 540 feet' in line 6 of folio 18 to '5400 feet.' " But if this is ne- cessary, we think that it can and should be done upon the data furnished by the petition itself. The first call referred to is as follows: " Thence south_ 34 cleg., east 200 feet to stake 203." For anythnig it appears to tne contrary, this stake is a perfectly plain monument; and being so, it must control the statement of the distance. (Mills vs. Lux, 45 Cal. 273; Penry vs. Richards, 52 Cal. 672.) If, therefore, it is 2000 feet from the point of departure the call for 200 must b rejected. False calls may be rejected and lines supplied by intendment in the description of the boundaries of a muni- cipal corporation. (In re Inhabitants of Ips- wich, 13 Pick. 431.) A false call may be re- jected even in a tax deed. (Bosworth vs. Dan- zien, 25 Cal. 299.) The objection to the call for " 540 feet" is to be disposed of in a similar way. II is also contended that the starting point and certain other calls in the description are too indefinite. But we cannot say from the face of the paper that this is so. And the evi- dence to explain and locate the calls (which was clearly admissible: Reamer vs. Nesmith, 34 Cai., 628) makes them sufficiently definite. Similar objections are made to the descrip- tion in the order of the board establishing the boundaries of the district and similar answers apply. Second It is contended that a proper bond was not filed with the petition. The provision of the act is that "the petitioners must accom- pany the petition with a good and sufficient bond, to be approved by the said Board of Su- pervisors, in double the amount of the proba- ble cost of organizing such district, condi- tioned that the bondsmen will pay all said costs in case said organization shall not be ef- fected * * * when such petition is pre- sented, the said Board of Supervisors shall hear the same," etc. (Sec. 2.) The petitioners presented and the board ap- i proved a bond, which is claimed to be insufti- j cient in form. The particulars in which it is aaid to be insufficient are the following: It is > said, in the nrst place, that the recital in the boud misdescribes the petition. The petition ; was signed by sixty-four persons, among whom ; were J. A. Button, James McDermott, George B. j Harden, George M. Sutton and P. E. Garnett. i The recital in the bond is that, "whereas, J. A. Sutton, James McDermott, George B. Harden, George M. Sutton, P. E,. Garnett, N. D. Rideout, A. J. Tully, and others, their associate?, pro- pose to present herewith" a petition, etc. i Kideout and Tully did not sign the petition. : The argument is that the petition filed does not correspond to the one referred to in the bond, and consequently that there was no bond upon that petition. The recital, however, is not a : petition actually presented, but of one pro- posed to be presented. The bond did, in fact, accompany this petition. And we think that this circumstance, coupled with the recital, is sufficient to identify the document. In the next place it is said that the bond was not conditioned as required by the act. The condition was that the bond should be void "if said obligors or bondsmen shall pay all the costs," etc., while the condition required by the statute is that the bondsmen shall pay the costs "in case said organization shall not be effected." The difference is, therefore, that the bond given provided that the bouasuaen should. pay the costs in any event, while the statute only requires that they should pay in a certain contingency. We think, however, that the bond may fairly be said to include the pro- vision required by the statute, and that it is not vitiated by including a something that was not required. And the use of the singular number in the phrase ''if said obligor or bonds- man shall pay." etc., is unimportant. But at must the bond was defective merely. And, if it be assumed for the purposes of tne case that the giving of a bond was juribdic- tional, we think that tlie bojird had power to ailow anew one to be given before taking ac- tion on the petition. The petition was pre- sented, pursuant to notice, on October 10th; aud \vhcn the matter came up on that day tlu board made au order allowing a new bond to be Hied and continuing the hearing until a future clay. A bond free from objection was filed r, <; n proceeded with the hcarii!L f . We think that this course the power of the beard. Xo time is fix the presentation of a petition. It is to b sented at n, regular meeting pursuant to no- tice. And tha bond "must accompany the petitition." Neither the petition nor the bond need be filed before the petition is presented; find the hearing and the action of the board in the mait -r may be at the same meeting, although power is expressly given to adjourn lor a certain time. It is sufficient, therefore, if the bond be given on the day of tho hen ring;. And we think it clear that there was power to adjourn the hear- ing so as to allow a proper bond to ba filed. Such a bond may be said to "accompany" the petition in tha sense of Uie statute. Even in the case of an appeal bond it is held, prior to the enactment of any statute on. the subject, that where a bond had been given which was de- fective merely, the defects could be cured by giving a new bond in the Supreme Court. (See rases in llayne on New Trial and Appeal, p. 651.; Third It is objected that the petition was not presented at a lawful meeting of the board. The act provides that the petition "shall be presented at n. regular meeting of said board." A similar provision is in the Munici- pal Corporation act. (Laws 1883, p. 94.) In relation to meetings of Boards of Supervisors, the County Government act has the following: "The Board of Supervisors must, by ordinance, provide for the holding of regular meetings of the board at their respective county seats." In pursuance of this provision, the board, on April 11, 1885, passed an ordinance fixing the times for its regu- lar meetings. Meetings were held uuder this ordinance for nearly two years and up to and including the presentation of the petition. Tne objections made go back to the validity ot this ordinance. It is said that it was not prop- erly recorded in the Ordinance Book, but its recording in that book has been held to be not essential to its validity. (People vs. Cole, 70 Cal.. 60.) It is further said that the vote of one of the Supervisors was not shown by the entry in the minutes or by publica- tion. But the meetings were held under this ordinance for a long period as and for regular meetings, and they were the only meetingss of the kind which were held. And we do not think that the question of then regularity can have any such far-reaching and collateral effect as to 'render abortive all the public business that has been transacted dur ing a series of years. Fourth It is contended that the petition was not .published. The objections in this regard are founded on slight mistakes in the spelling of some of the names, which are en- tirely unimportant, and of certain defects in the description, which are disposed of by what is said under the first head. Fifth It is urged that the board had no power to modify the boundaries of the pro- posed district in the way it did. What the board did was in the first place to include in the district certain lands not included by the petition, upon the verbal request of the owners, and, in the second place, to exclude from the district certain lands included by the petition. The provision of the act under which Lhis was , done is as follows: " The said board, on the final hearing, may make sucli chantes in the proposed boundaries as they may find to be proper, mid shall estab- lish and define such boundaries; provided that said board shall not modify such boundaries so as to except Iroin the operation of this act any territory within the boundaries of the district proposed by said petitioners which is suscept- ible ot irrigation by the same system of works applicable to thp other lauds; in such organized ; district; nor shall any lands which will not, in : the judgment of said board, be benefited by , irrigation by said system be included within) such district; provided that any person whose, lands are susceptible of irrigation frornthej same source shall, upon application of thoi owner to said board, be entitled to have such lands included hi said district." (Sec. 2.) (a) The objection to th inclusion of lands not embraced In the petition is that the appn-f canon ",ncn is admitted to nave i been made) was m t in writing. But although '. it would be more satisfactory and prudent to make such applications in writing, we set- nothing in the act which requires a writing; and we do not think that the court is author- ized tosuperadd such a requirement. (b) The objection to the exclusion of lands from the proposed boundaries is based upon [he proviso that " said board shall not modify such boundaries so as to except from the oper- ation of this act any territory within the boundaries of the district proposed by said pe- titioners which is susceptible of irrigation by the same system of works applicable to the other lands in such organized districts." The appellants offered evidence to show that the excluded lands were in fact susceptible of irri- gation by the same system of works as the other lands; and such evidence was excluded, on the ground that the judgment of the board as to the matter was final. We think that this ruling was right. It is to be observed that no power is given to the board to include lauds which are not included by the petition, except upon request of the owners. And with refer- ence to excluded lands, it is possible (although we express no opinion upon the point) that the owners could, upon request and a proper showing in some appropriate proceed- ing, have their lands reiucluded. But, so far as the validity of the organization of the dis- trict is concerned, we think that the judgment of the board cannot be contradicted as is at- tempted here. It is clear that this would be so in the absence of the proviso quoted. (People vs. Hager, 66 CaL 60; People vs. Riverside, 70 Cal. 4G1.) And, from the nature of the ques- tion, we think that the proviso muat be con- sidered merely as a rule for the guidance of the ooard; and tnat, so far as the validity of the district is concerned, their decision is as con- clusive as if the proviso had not been inserted. It is objected to this view, however, that the records simply show what the action of the board was, and do not show the grounds or reasons upon which such actions proceeded; or, as counsel out it, that there was any decis- ion of the board upon the question of the ap- plication of the system of works to the excluded lands. But the order fixing and establishing certain boundaries, excluding certain oi the landa included by the petition, is certainly a decision as to where the boundaries shall be; and there is nothing in the act which requires the board to state why it fixes the boundaries in any particular place. And we think that it may be safely laid down as a general proposi- tion that the reasons or grounds of the action jf any tribunal or body, whether legislative or judicial, need not be stated unless the law ex- pressly so requires. It is to be observed that there is a clear distinction between cases of the statement of the reasons or grounds of the action which a tribunal is authorized to take, | and cases where the power to act depends upon the existence of antecedent conditions. We think that this case belongs to the former class. Sixth It is objected that the proclamation for the election on the question of the organi- zation of the district was not published as re- quired by the act. Tne objection is based partly on small inaccuracies in tne description, which have been already considered, partly on unimportant mistakes in the spelling of nani-js, and partly on the alleged ground that the proclamation was not puoiished for "three weeks prior to the election." These words, we thiuk, simply indicate the time during which the notice is to be published, and not Uie man- ner of the publication. (In re. Cunningham, 73 Cal. 558, 559.) And nothing being said about the number of publications, we think that this matter was left to the discretion of the board. Tne board ordered that the publi- cation be made in a weekly newspaper "as often (or for four insertions) as the same may be published, between this date and the said day of election." This order was made on Oc- tober 28th. The election was on November 22d, and the proclamation was published on October 29th, and on the 5th. 12th and 19th i of November. This, we think, was sufficient. Seventh It is waid that the voting precincts were established less than tnirty days before the election. The Irrigation act does not say in terms when tne voting precincts shall be established. It says, however, that "such election shall be conducted in accordance with thu general election laws of the State." And by the general election laws the voting pre- cincts must not by established less than thirty days before the election. We are inclined to question whether the "conducting" of an election necessarily in- ; eludes something which cannot take place within thirty days before the election day. But, assuming that it does, the evident mean- ing is that the election shall be conducted in accordance with the general lawt, except as otherwise provided in the act itself. The act I provides that "for the purpose of the election ! above provided for the said Board of Super- i visors must establish a convenient number of ek'Ciion precincts in said proposed district, and. de/ine the boundaries thereof, which said precincts may thereafter be changed by the board of directors of such district." (Sec. 8.) This provision does not say when the precincts are to be established. But we think it cannot be the meaning that the board is to establish them thirty days be- iore the election. For the notice of election is to be, or at least may be, given at the time the order establishing the boundaries of the dis- trict is inade (Sec. 3); and ouly three weeks' publication of the same is required. Hence, the election may take place within less than thirty days from the time when it is first known where the boundaries of ino district are to be. Consequently, the argument rnada would require the voting precincts to be estab- lished belorelit was known where the district was to be or what it was to include. No such ab- surd construction will be adopted. The time for the establishment of the precincts seems to be left to the 'discretion of the board. They were established by the election proclamation, which was published for at least three weeks, aiid this we think was sufficient. Eighth It was finally objected that the bonds wero not in proper form. The provision of the act is as follows: "Said ban-la shall be payable in gold coin of the Lfuited States, i a installments, as follows, to wit: At the expiration of eleven yeur.s, not less than 5 per cent of said bonds; at the expiration of twelve years, not lews than 5 per cent; at the expiration of thir- teen years, not less than 7 per cent; at the ex- piration 01 fourteen years, not less than 8 per oenfc; at the expiration c fifteen years, not Ijsji than 'J per cent; at ihe expiration of six- teen years, not less th.au 10 per cent; at the expiration of seventeen years, not less than 11 per cent; at the expiration of eighteen years, not less than ly per cent; at the expiration of nineteen years, not less than 15 per cent, and for the twentieth year a percentage sufficient to pay off said bonds." (Sec. 15.) The bonds here involved were drawn so as to make each one payable in instaihneiit. -.. the objection is that a proper construction of ! the act requires that a certain number of bonds should be payable in eleven years, a I further number in twelve years, and so on. We ! think, however, that tho bonds were in proper ; form. The phrase "A bond payable in install- ' ments" is clear, and can only mean one thing. Is the meaning changed by putting _rl in the plural and making it "bonds payable in install: , uients"? But there are othe.r provisions of the ; act which make the intention clear. The six- teenth section provides "that tho board may sell said bonds from time to time in such quantities as may be necessary and most ad- vantageous," etc. It may happen, therefore, that only a portion of the bonds ara so!<< for illustration, we will suppose that the bonds wero issued on appellant's theory aiv. only those payable at the end of eleven years arc sold. In such case the only bonds out- standing would be ihe eleven-year bonds; for a bond which has not been sold, or, in other words, not is-sueri, cannot be said to be "outstanding." The whole amount of the principal of such bonds would be due and payable at the end of cloven How would it ba paid ? The twenty-second section provides, in substance, that at the ex- piration of the tenth year the board of direct- ors shall inn. the follow- ing percentii amount of bonds then outstanding, to \vi the eleventh year, 5 per cent," etc. This i.s the only provision for raising money to pay the principal of said bonds. It would therefore result, upon the appellant's theory, that, al- though the whole amount i.f the principal of the eleven-year bonds would be due and pay- able, only 5 per cent thereof could bs paid. And similar results would follow as to the others; while, as the bonds were drawn, 5 per cent of the whole amount of the principal of the bonds " then out-standing" would be suffi- cient to pay off' each installment of tho princi- pal as it became due. It may be that the Legislature supposed that' there was a good reason for making each bond run in part for he whole twenty years. As is well known, a bond for a long term is more salable (other things being equal) than a bond for a short term. And the object may have been to help the sale of the short bonds by incorporating them with the long ones. However this may be, we think that the inten- tion to have the bonus drawn as the respondent has drawn them is sufficiently expressed. The other matters do not require special notice. We therefore advise the judgment ap- pealed from be affirmed. Foote, C., concurring. Belcher, C. C., being disqualified, took no part in this decision. The Court: For the reasons given in the fore- going opinion, the judgment is affirmed. [No. 14038.] HENRY J. CKALL, APPELLANT, VS. BOARD OF DIRECTORS OF THE POSO IliliiGATION DISTRICT,. RESPONDENT. [Filed December 15, 1890. 87 Cal.] Irrigation IHsictis.A.ci of March 7, 1887, provid- ing for organ izatlou and government of irriga- tidn districts >s constitutional. IrrilaintifF was entitled to attack the petition of the Board of Super- visors for the organization of the district; that a proper petition was essential to jurisdiction. (Mulligan vs. Smith, 59 Cal. 20f>; Liebman vs. The City, 11 Sawyer, 147; Ziegler vs. Hopkins, 117 U. S. 683.) Second Tli at the plaintiff was not served with process in the continuation, did not have, due process of law. The only notice plaintiff had. was the publication in the p*per; that a personal notice was essential. (Pennoyer vs. Neff, 95 U. S. 714; Stuart vs. Palmer, 74 N. Y. 191; Taylor vs. Porter, 4 Hill, 140; Westwelt vs. Gregg, 2 Kern, 209; Powell's Appeal, 29 Mich. 37(3; State vs. Fond du Lac, 42 Wis. '29 *.) Wright & Hazen and A. L. Rhodes, for thu re- spondent, argued: First That the court had jurisdiction of the subject-matter of the special proceeding; that the Legislature could grant and the Superior Court could exercise Jurisdiction in this pro- ceeding of all the matters expressly granted to it by the confirmation act. (Lent vs. Tillson, 72 Cal. 404). Second That the court acquired jurisdiction of the plaintiff' in this case; that notice maybe given by publication and posting, and the court acquires jurisdiction. o as to be a adjudge that the proceed in; valid. (Davidson ! 104; Riley vs. Lancaster, 317 (JaJ. ijo4;' | Foote, 39 Cal. 440; Mayo vs. Falev, 40 Cal 1 282; State vs. McGlynn, 20 Cal. 233;" Irwin vs Scriber, 18 Cal. 499; Boyd vs. Blankmann, 29 Cal. 19; HallecJc vs. Moss. 22 Cal. 2(56; People vs. Ha rai-e money to y. mid no so; . >\v th.it tuer< in for; organization of the district Ifinra un appsuvut co j! visions of the statin i proceeds to alicg'.i that the I ! has no power to issue or sell me ij bacauso: First Ths petition which "ted to j~ the Board of Supervisors for iiaatlnii ; of the district was not, in tr i by fift- ij freeholders, nor by a ma; .; fro '- holders then or at nuy time owningland within ! the proposed district, and that not mor , thirty of the persons whose namas pun j have been signed to the petition ever wen ' j freeholders within the district. Second The notice of the time and place. i when an, I w etiou for the org^nizv ' tion of the district vrould be held was not iu ' fact published for tae full period urvjscnbed bv lav/. Third The lands of plaintiff wero not sus- ceptible of irrigation by r.lv>. sam i works applicable to the other lands of the dis- trict, and they would not be benefited bv irri- gation thereby. Fourth The notice of the special election upon tho question whether bonds should be issued was not published nor posted for the full period prescribed by law. Fifth The Board of Directors wrongfullv and unlawfully estimated and determined tha ! ; it was necessary to raise $500,000 for the. pur- j posea of the district when in fact it was neces- j sary to raise only $200,000 for those purpose. ' The answer of the defendant sets up Uv I judgment of confirmation in ba>' of the action ' and' is, iu effect, that the matters of irresru : ' larity and illegality stated in the complaint ' were conclusively determined bv that judg- ' rnent. To tho answer the plaintiff filed a geh- erai demurrer, and thereupon, the vital ques- tion in the casa being whether Tho plaintiff was estopped by the judgment or confirmation, the parties stipulated that final judgment > snould be rendered in accordance with the de- cision upon the demurrer. The court over- ruled the demurrer and rendered judgment for the defendant. From that judgment the plaintiff appeals. There can no longer be any question that the Wright act is constitutional, a.nd that irriga- tion districts organized under its provisions, like reclamation districts, are public corpora- tions. (Turloek Irrigation District vs Will- ' tefV 76 Cal. 30; Central Irrigation District vs. De Lappe, 79 Cal 351.) The districts are authorized to con- struct irrigation works, and to that end to issue bonds bearing interest at the rate of per cent per annum, the interest payable semi- annually and the principal in installments ex- tending over twenty years. These bonds are. ; from time to tirne, to be offered for sal?, and to be sola to the highest responsible, bidder, pro- ' Video that not less than 90 per cent of their face value shall be accepted. And they are to be paid, interest and principal, by revenue de- rived irom an annual assessment u Don the real property of the district. It is a matter of every day observation that bonds bearing such a rate of interest, and about whose validity and payment at maturity there is no-question, can be readily sold for consider- able inoie than their face value, while bond- which are liable to be assailed and questioned years alter their issue by any one who is re- quired to contribute to their payment, are re- luctantly taken at any price. It was doubtless for the purpose of settling all these matters in advance, and thereby making the bonds of irri- gation districts more readily salable, and at better prices than they would otherwise com- mand, that the Legislature passed the Con- firmation act, providing that the " district might, before offering any of their bonds for ale, have all questions affecting their validity judicially and finally determined. Tjhe confirmation proceeding is denominated m the act a special proceeding, and it is clearly in tho nature of a proceeding in rein, the object being to determine the status of the district and its power to issue valid bonds. The fifth section of ths act is as follows: "Upon the hearing of such special proceed- ing the court shall have power and jurisdiction liclity of, and approve and confirm, cacn and all of the proceedings for the organization of said diatrlcl under the provisions of the said net (Wright act), from and including the peti- tion for the organization of the district, and all other proceedings which may affect the legality i or validity of said bonds, and the order for the sale, and the sale thereof." (Stats. 1889, p. 212.) ! That the Legislature had power to pass an act to accompli ui uie purposes Intended ; by this act cannot bj questioned. Nor is it ore- tended that the appellant did not have notice of the confirmation "proceedings, or that lie v/us in any way or for any reason prevented from appearing therein and raising all the objec- tions which he now seeks to raise. The con- tention is simply that no process, issued in those proceedings, was served on him person- :;m tins oiata is concerned), just what the judgment declares it to be." (See, also, iu matter of the will of Warfleki, 22 Gal, 51; Rogers vs. King, 22 Cal. 72; Halieek vs. Moss, 22 Cal. 206; Irwin vs. Sariber, Id Cal. 500. So m an action brought against the land and all owners and claimants, known and un- known, to recover a street assessment, it has been held that constructive service of process may be rumciunt to authorize the court to ren- der a judgment which is conclusive and bind- ing uyou all the world, until reversed on ap- peal or set aside by some direct proceeding brought for that purpose. (Mayo vs. Ah Loy, 32 Cal. 477; People vs. Doe, G. 1034, 36 Cai 220; Eitel vs. Foote, 39 Cal. 439.) Bo, too, iii insolvency proceedings, it has been held that notice by publication is sufficient to ally, and hence that he was not obliged to ap- ( give the court jurisdiction over the subject, pi-ar, and his rights arc not barred by the judg- ; matter and the parties. (Bennett vs. His Cred- ment, but he is at liberty now to make "any at- itors, 22 Cul. oo; Friedlauder vs. Loucks, 34 tack upon the proceedings for the issue of Cal. 18; Arnold vs. Kahn, (37 Cai. 472.) bonds, including the proceedings for the or- gauizatioti of the district, that he could have mp.de had there been no judgment of confirm a Many other analogous cases might bo cited, but we think the above sutlieieiit. The decision in Mulligan vs. Smith, 59 Cai. tion." To hold otherwise, it is claimed, would ; 20u, cited by appellant, is not iu conflict with have the effect of depriving him of his property ' what has been said. That case was ejectment without due process ' of law. . | to recover possession of a lot of laud, which It will be observed that the question Is not Whether the valuation of the land for the pur- poses of assessment can be made and definitely fixed without further notice to the land owner, nor whether the assessment can be collected without further notice; but it is simply whether the notice, by publication and posting was sufficient to give the court jurisdiction to determine that the proceedings taken for the organization and on behalf of the district were such as will enable the district to create a valid debt to be paid by the levy of assess- ments in the manner provided by the Wri:jht act. la our opinion the contention of appellant cannot be sustained. Ii was not necessary, w think, that personal service be made upon all or any of the landowners of the district in or- der to give the court jurisdiction and power to render a judgment, valid and binding as against them and all the world, upon all the questions involved in the case. And this view seems to be well supported by tho authorities. In Pennoyer vs. Neff, 95 U. S. 727, a cas-5 largely relied on by appellant, the Supreme Court of the United States held that where the entire object of the action is to determine the personal rights and obligations of the defend- ants, that is, where the suit is merely in per- tonarn, constructive service by publication upon a non-resident of the State is sufficient for any purpose, and at the same time declared that "such service may answer in all actions which are substantially proceedings in rem." In this State, constructive notice, given in such a way as is provided by statute, of pro- been sold to pay an assessment under th Xfon tgom^rr-avenue act. The act requireu j by a majority of the the that a petition, signed owners in frontage of the property to bt charged with the costs of the improvement, be presented to the Mayor; that a bosird of public works be then organized, and that it make a report snowing the benefits and damages re- sulting from the improvement to each piece oJ properly within the district to b? assessed; and that the report be presented to the County Oourt for approval and confirmation. This court, on page 231. aid: "In no part of. the statute does it appear tlrat any provision;-, were made for tuiy notice to bo Riven to prop- erty-owners of the proceedings authorized to ho taken before the Mayor, or of the proceed- ings by the board of public works, or in tuS Guilty court, against the property declared to he benefited by the opeiiing of the avenue. No personal notice was, iu fact, given to_tiv- lefyndant of the presentation of the petition, >r of any of Uie acts of the board. Neither th Miiyor nor the board was required to give no- tice until the. board had completed the report >f its work. Then the statute required it to-, publish a notice for twenty days hi two daily newspapers printed and published in the city arid county of San Francisco, that the report \voulci be open for the inspection of all parties \nterested at the office of the board every day luring ordinary business hours for thirty lays. And again on page 232; "Nowhere in the statute is the petition made part of the report, or of the data or documents used in making it. Nor is it anywherj required that the board ceedings for the probate of wills and oi all proceedings in the administration of estates of ] or the Mayor shall return it to the court, or fil decedents, has always bean regarded as suffi- * it there or elsewhere. The court had, there- cient. In State vs. McGlynn, 20 Cal. 233, it f fore, no jurisdiction of the petition, no power was held that the probating of a will was a j to adjudge upon its sufficiency and validity so proceeding in rem, and that the decree admit- ting a will to probate was conclusive, not only upon the parties who were be to re the court, but upon ail other persons. In its opinion the Court quotes the following language, Used by the Supreme Court of Vermont in Woodruff vs. Taylor, 20 Vt. 65: "The probate of a will i conceive to be a familiar instance of a pro- ceeding in re iu in this State. The proceeding is in form and substance upon t!u a* to conclude the defendant. And in adjudi- cating upon the report itself the court ac- quired no jurisdiction of the person or prop- erty of the defendant, so as to determine his rights. Both, it is true,, were within the terri- torial limits of the jurisdiction of the court, but no actual or substituted process of law had been served upon one or the other." It was accordingly held that the court below rightly admitted evidence to show that the pe; No process is issued against any one, but all ,' tition was not signed by the owners of a ma persons interested, in determining the state or condition of the instrument are constructively notified, by a newspaper publication, to appear and contest the probate; and tue judgment is, not that this or that person shall pay a sum ol money or do any particular act, but that the instrument is or is not the will of the testator; it determines the status of the? subject mat tor of the proceeding. The judgment is upon the thing itself, and \vncu th proper steps re- quired by law are taken the judgment is con- clusive, and makes the instrument, as to all the world, (at least so far as um property of the jority in frontage of the lauds assessable for the opening of the avenue. On the other hatld our attention is called to Lent vs. Tillson, 72 Cal. 40i, in which was in - volved the validity of the proceedings taken for the widening of Dupoufc street, iu the city and county of San Francisco, under the pro- visions of an act passed for that purpose. It was held in an able and elaborate opinion by Justice Temple that notice by publication, as required by the act, was sufficient to consti- tute due process of law, by AVhich ali person* ; whose rights wvre affected by the proceedings ,-iad before the County Court were brought into court, aud was sufficient irpm that time on to charge them with notice with everything done and to uphold the final order of the court. We conclude that the court belov, r had juris- diction in tiie confirmation proe-ecliugs of the subject matter nud the parties, and that its judgment is conclusive and binding upon the defendant and all the world until reversed on : appeal or set aside by some direct proceeding instituted for that purpose. We therefore advise that the judgment be affirmed. Vancliff, C.. and Hayne, C., concurred. By the court For the reasons given in the the ipregoing opinion the judgment ia af- i firmed. [No. 13983.] BOARD OF DIRECTORS OF THK MODESTO IRRIGA- TION DISTRICT VS. TREGKA. [Filed March 19, 1891. 83 Cal.] Notice of petition to confirm acts of board of Irriga- tion directors in is-uing 1 bonds need not be per- sonal to every person interested ia the district, but may be by general notice by publication in some form. Notice of petition to confirm acts of board of irriga- tion directors in issuing b >nds. provided for Iri section 3 of act of March 16. 1889, is sufficient. Notice of petition to confirm acts ot board of irriga- tion directors in isming bonds need not state the prayer of the petition. Notice of petition to confirm acts of board of irriga- tion directors in issuing bonds is sufficient ii' it contains everything necessary to a substantial compliance with the statute. Proceedings not set out in petition on flip for the confirmation of the acts of an Srrlgatiun board in issuing bonds cannot be Confirmed where ihe j original petition was amended and no new notice of ihe amended petition was published; that the pers> n contesting the petit! >n had notice of the amended peUiiou is not sufficient. Decree c.i/i\;lnn-t>if< ail orders alleged in the original and amended petitions to Confirm acts of a board of irrigation directors ia issuing bonds is not void for want of luri ^diction as to the order3 set. out in the original petition, merely because no new notice has been given of the filing of the amended petition; therefore, where the original petition alleges orders and resolutions directing the issuance of bonds to tiie extent ot $400.000. and the ame ided petition alleged order for the issuance of $800.000 worth of bonds, and no new notice of the amended petition is liled, a decree confirming the proceed in - a of the board will b.' upheld, so far as it confirms the issuance of the 5400,000 worth of borida. Larul of city or town may be included within an irrigation district in a proper case. This power is not, affected by the faci tfat tnere are portions ; of the city or town not directly benefited. Including a town within an irrigation district is a i qn&st' i whose decision has been committed to the sex oral Hoards of Supervisors, and their dis- { cretion is not subject to the coi>trol oi any court. ) ; that lots in a city included in an Irrigation i district were riot benefited is not competent in a'i petition to confirm the proceedings of the board of directors in issuing botms. Evidence that city was included in irrigation dis- trict for fie purpose of carrying out the scheme of organization against the wishes of the farmers outside oi the < iiy is not competent ia a p;-t.tion to confirm the proceedings of the board in issuing bonds, unless the iac-ts constituting the fraud have been fully plead 'd. Confirmation of acts of liiredors of irrigation dis tr'ict in issuing bonds will not be refused because after the resolution to iss\v.i the bonds the board bad ordered a portion of the district to IK* in- cluded, when at the time none of the bonds had issued, and there was no contract for their issu- RefUtdl of trial ' de novo on filing amended petition for Confirmation of the Rrooeedinw of board of irrigation directors issuing bonds is not an error where all the evidence that was taken v;as ap- ,ble to the issues formed by the amended petition. N'jii<-f' of election for Issuance of bonds, required by ' section 5 of act of March 7, 1887. need not be given on a special election held uader section 15 of that act. Petition to co/rfirm proceedings of board of irrigation directors will lie s soon as any resolution has adopted for the issue aud s lie oi b nd, and si c.ssary to wait until the bonds have been a;u',:;i!lv issued. of irrigation _. then granted to the defendant to-answer such amendments as might be made, and ou in-.- 18th day of November, 1389, the defendant liled his answer to the petition as amended. The defendant asked that the case be tried de novo, but the demand was refused. The defendant was, however, permitted to offer evi- dence in support of any new matter in his amended answer. The cour.t gave judgment i for the plaintiff, and tho defendant appealed. ! Further facts appear from the opinion. George W. Schell, C. W. Easton and Thomas B. Bond, for appellant, contended: That a general notice to the world was nec- essary, and that a limited notice was insuffi- cient" (Coaples on proceedings in rem; Cooley on Const. Lim., 402) and that the notice must oe served; that the people had no notice ot the amended complaint, and that the judgment : was therefore without due process ot law (Thompson vs. Johnson, GO (>1. 29 i); that Tregea had. a right to raise this objection; that to give judgment without notice was unconsti- tutional; that the Supervisors violated the statute by including the city of Modesto in the j district (Stats. 1837, p. 30, sec. 2). Further, that evidence should have been al- > lowed to show that tiie Supervisors included j the city of Modesto for the purpose of obtain- ing vo'ters to force outside farmers into the corporation (Spring Valley Water Works vs. San Francisco, 82 Cal. 286); that the 23,000 acres were improperly excluded from the dis- trict; that the court erred in holding that the ( order of July 31, 1880, for $400,000 was an ! order for a part of the same bonds ordered to i be issued by an order of the Board of Super- visors made June 3,1888; that the notice of the hearing of the original petition did not state the prayer of petition as required by the statute ; that the court should have tried the case de novo after the riling and serving of the amended answer aud the answer thereto (C. C. P. 67; Kentneld vs. Hayes, 57 Cal. 409; Barber vs. Reynolds, 33 Cal. 5ul); that no notice of an eieclion for the issuance of bonds was posted in the office of the board fifteen days before the election, as r quired by section 5 of act of March 7, 1887; that the; action was pre- maturely brought, and that the proceeding could not ba maintained, because no bonds had iu fact been issued (Stats. 1839, p. 212 ; Stats. 1887, p. 35, sec. 15); that if the Legisla- ture intended by the act of February 10, 1889, p. 21, to bind the new district by an election held by the old district ordering the issuance of the bonds, the act to that intent Is ill con- flict with sees. 12 and 13 of Art. XI of the Constitution of California, and sec. 10, Art I of the Constitution of the United States. (Tur- lock Irrigation District vs. Williams, 76 Cai. 370.) C. C. Wright, attorney for the respondent, admitted that the proceeding was one in rem, : but contended; First That, the notice was sufficient. (Coolev on Const. Lim. ,4th, ed., p. 503; Lent vs. Till- work on Tulare canal. son, 72 Cal. 404; Estate of Johnson \9. Tyson, 1:5 Cal. 257; Suydani et al. vs. Pitcher & Pooie, i- Gal. 280; Rich vs. Starbuck, 45 Ind. 312; Wade on Notice, sec. 1203. Second That the defendant would not bs iieurd to complain that the people of the dis- r .rict had no notice of the amended complaint. Thompson vs. Johnson, 60 Cal. 292; McGray vs. Pedrorena.) Third That the defendant has no authority whatever to make objections for the people of .he district, Fourth The respondent admits that a judg- nent against the land of the district and all of is inhabitants, without notice, would be void. Fifth and sixth The Board ot Supervisora lave exclusive power to establish and define ho boundaries of a district, and to say what ands shall, and what ehall not, be included within those boundaries. (Stars. 1887, p. 30, ;--c. 2; Central Irrigation District vs. De Lappe, ~9 Cal. 351.) Thai, what the Legislature had >ower to do by special act before the Constitu- ion of 879, it had delegated to local tribunals o do now. The question Whether a town houid be included in an irrigation district was me of public policy (Cooley on Const. Lira. .50); the legislative eiiiictmant that a district viil be benefited is conclusive (Cooley on, Joust. Lim. 6U1, 2d ed.). That, the legislative Let of assigning, districts for special axation on the basis of benefits cannot e attacked on the ground of error in jdgment regarding the special benefits doooley on Taxation, 450; Litchfleld va. Ver- 011 ; People vs. Lawrence, 41 Id. 140; St. xmis vs. Outers, 30 Mo. 450; Shaw vs. D -nuig, Giim. 410; Philadelphia vs. Field, 58 Pa. it. 320; Wright vs. Boston, 9 Cush. 233.) The aads may not be susceptible of irrigation; the riterion is, are the benefited by it? (Stats. --y7, p. 29, sec. 2.) Tlte determination of the oara on this point is conclusive. The statute f 1887 leaves no doubt wnatever that the legislature contemplated the inclusion of city nd town property in a district when, in the pinion of the Bcntrd of Supervisors, it would >e benefited thereby. The policy of the law ras ft broud OIIL-, that whatever property would eccive a benent, whether by being developed, s agricultural lands or by having the condi- iona surrounding it NO improved as to enhance ts market value, should be properly assessable nd might bo included. (Turiock' Irrigation' )istrict vs. Williams. 7<> Cal. 3l>0; Cooley on; 'axation, pp. 450-151, 1st ed. : Downer vs. Bos- on, 01 Mass. 281; 32 Cal. 553; Wright vs. aty of Boston, 53 Mass. 239.) That the evi- ence does not show that the Board of Super- isors did not exercise their best judgment iu stablishing the boundaries of the district. "hat parole evidence cannot be admitted to onttadict the record. (School District VH, Uberton, 12 Mit. 113; Morrison vs. City of awreace, 11 Urowut 221; Dillon on Mun. or p., sees. 295, 299; Taylor v. Henry. 2 Pick. 97; Mayhew vs. District of Guy Head, 13 Allen,"" lirOT Bb'sfdh Tp. Co. vs. Pomfret, 2O Conn. 500; Gilbert vs. New Haven, 40 Conn. 102; Langsdale VH. lionton, 12 Ind. 407; In- dianapolis vs. Imberry, 17 Ind. 175, 179; Del- phi vs. Evans, 3i3 Ind. 90; Bigelow vs. Perth A in boy, I Dutch (N. J.) 29t>; Gearhart vs. Dixou, 1 Pa. St. 221; City of Lowell vs. Whee- lock, 11 Cuah. 3D1; Moiriapn, Admx., vs. City of Lawrence, 9rf Mass. 221; Louisville vs. Mc- Kegney, 7 Bush. (551; 47 Gul. 488; Meeker vs. Van Kenssei.iur, 15 \VVrid. 397.) No fraud is charged by the appoliunt. Seventh The exclusion of lands was legal. No bonds had been s^id. There was neitaer a delivery of bonds nor an offer of payment of the price. (Black wood vs. Cutting Pne,kiag Company, 70 Cal. 212; Peabody va. McGuire, 79 :\L>. 55; Evausville llaiiroad Company vs. Erwin, 84 Jnd. 46i: Turner vs. Moon-, 58 Vt. 45(3; Adams vs. Connor, loO Mass. 515.) But the appellant cannot raise any objection to th exclusion, because ihe statute was only in- tended lor the benefi tof the holder of outstand- ing bonds. (Stats. ItfSS), p. 21, sees. 4-6.) Eighth That the appellant cannot object t the exclusion on behalf of owners of land within the excluded district. Ninth That the determination to proceed upon any given plan of irrigation was not con- clusive on the board, aad it was their duty to cnange their plans HS often as it became ap- parent that any other plan was better thaii the one under contemplation. Tenth The respondent contends that th notice stated the prayer of the peiitiou suffi- ciently. (Lent vs. Tillson, 72 Cal. 404.) Eleventh -Thai the amendment' was only .such as was necessary to meet the proofs, and ..hat sucti an amendment was clearly admissi- ble. (Connolly vs. Peck, 3 Cal. 82; Valencia va. Cauch, 32 Cal. 340; Tvyou vs. Button, 13 Cal. 494; Hooper vs. Wells, 27 Cal. 35; Car- pentier vs. Brenham, 50 Cal. 549; Farmer*' National Bank vs. Stover, 60 Cal. 387.) Twelfth It was not necessary that a notice of the bond election should have been posted in the office of the board of directors. The provisions of section 5 of tha act of 1887 do not apply. Tho provisions of section 15 gov- ern. (Endlich on Interpretation of Statutes, aec. 399.) Thirteenth The action for confirmation liei before the bonds have been delivered into the hands of a purchaser. Any other interpreta- tion would defeat the purpose of the statute, as the essence of the whole act is that the pur- chaser may have the benent of its provisions before he incurs any hazard in the purchase of the bonds. Fourteenth and Fifteenth The Legislature has power to bind a new district for bonds ig- sued before the exclusion of lauds. (Dillon on Mun. Corp., 3d ed., sees. 185, 186, 187, 189.) Funds raised or to be raised by taxation are subject to municipal control. (Creighton vs. San Francisco, 42 Cal. 44G; Blandiug vs. Burr, 13 Cal. 343; Town of Didon vs. Mayes, 72 CaL .66; Santa Rosa vs. Coulter, 58 Cal."537.) C. A. Stonesifer (A. L. Rhodes of counsel) contended that uotice to those interested ia the litigation only was necessary; that the de- fendant, cannot complain of want of notice of the amended petition, js he had appeared, arid that he had no authority to object that other persona hud no notice (MeGray vs. Pedrorena. OS Cal. 9-4); that uotice of amended pleadings need not be given to those not appearing (C. C. P., 1014); that this was not a proceeding ia rem, but a special proceeding (Conflrmatiou act, sec. I); taut notice by publication in a special proceeding was due process of law. (Lent vs. Tiliso Cal. 404; Davidson va. the fact thai, the board were aware of it, waa rejected. The board is not the final judge ai to whether the laud is susceptible of irrigation. There should have bseu notice of the amended complaint. (Thompson vs. Johnson, (JO CaL 294.) Tregea has the right to make the objec- tion., as neither the judgment nor the action , are ugtiinst nim, but agaiust the district, and he has the right to appear and *how cause why the judgment should not be taken usainst au the people. The bonds must be immediately issued, and must be numbered as issued, and bear ciate al the time of their issue. The sale of the bonds to Perley & Tucker was complete, and the title passed; ' the board had no power ind the sale, and the exclusion of the >-acre tract was void, because they never assented to it. Respondent is estopped to that the laud was included. (C. C. P., vs. Blankman, 39 Cul. 19; People vs. Hagar, < sec. 1962. sub. 3.) If the land was prop- 52 Cal. 171; Barrett vs. Carney, 33 Cal. 533; erly included, it would violate Art. XL Friedlander vs. Loucks, 34 Cal. 33.) 'sees. 12T and 13 of the Constitution, Further, that the including of Modesto wag i to impose upon the new district the not a violation of the law; that the question aa 'garden of the old. The new district never as- to what lands should be benefited and should- Sented to the issuance of the bonus, except in be included within a district is committed to conjunction with the old. The exclusion of the judgment and discretion of the board, and '28,000 acres of land and the adoption of a to- that , ita action is conclusive; that inquiry cau- tally different scheme without the concurrence not be made into the motives oi the mezabarg or assent of the people remaining inthedis- of the board; that nothing short of actual fcrict was a violation of their constitutions! fraud will bo a gi-ound oi attack, and that tna rights. The advertisement of the bonds of the acts of fraud uiuut be specifically alleged, district for sale, the unconditional bid of Per- (People vs. Hagar, 52 Cal. Ibi; Freeman ou ley & Tucker, and the unconditional accept- Judgments, sees. 523,521; Bigelow on Es- ance of the bid by the board, and the order en- toppel, p. 142; People vs. Hagar, 66 Cal. 60; tered by them upon their records gelling the Bernal vs. Lyucn, 36 Cal. 135; Waugh va. same to Perley not beset aside or an- People vs. l>oe, G., 3b Ca.. 220; Mayo vs. Foley. nulled by the private or secret agreement of 40 Cal, 282; United States vs. Arredondo, 9 one or both. This sale was in force when the Peters /29.) order of exclusion was made and was rmide Tnat the exclusion of a body of land from the without their assent. The denial of notice in district did not alfeot the proceedings. The the answer, though made on information and proceedings were regular. (stats. 1889, p. 21). belief, puts in issue the giving oi notice. (Reid Thers were no outstanding bonds, as bonda vs. Buffum, 79 Cal. 82.) Tho giving of tho Bo- contracted to be *oid but not delivered are not tice required by section 5 was essential. (Peo- outstanding bunds. There was no objection to pie vs. Seale, 52 Cal. (.520; People vs. Castro, 39 the excision, and therefore no election was Cal. 65.) The defendant did not havo to prove required. And if the exclusion was irregular, , his negative allegation that no notice was the defendant would have no. cause of com- given. (C. C. P.,' sections I8t>8, 1981: Ste- plaint, as the laud would still bo ni the district { yens' Evidence, 96; Greeul. Evidence, that there was nothiug in tire evidence to sus- 70, ch. 7; U. S. vs. So. Cal. Coal Co., tain the claim that tho $400,000 of b rmls 1. W. C. R. 1-12 ; Bates vs Lyinan ordered to be sold was not part or the $80J, V 12 Paa 83.) The election for bonds was a 000; that the source and mode of obtaining 1 special election. Notice of the time and place water may bj changed from time to time. The,, was necessary, therefore the notice prescribed uotice Hulhciently states the prayer of the peti- by sec'-'ou 5 was necessary. The allegations tion (McGray vs. Pedrorena, -38 Co,!. 91), and 1 in the 'complaint are sufficiently tra conforms to section 3 of the Confirmation act (Hill rs. Smith, 27 Cal. 480; Estee's PI., 3d ed., A trial de novo was not required upon the filing' par. 3174.) Time and place are the substance 604; Veopie'vs. Ho'deu,"^ Cal! 13 J); "that' if there was an omission to do so it did not affect 5 applies to every the Wright act. The case of Lent vs. Tillsoii, 72 Cal. 424, does not sustain tho proposition any substantial rights, and must be disre- that no election was necessary. The action of garded (Pol. Cod ', sue. 4; 10 It-.. 218); further, .the board in abandoning one sclUM,; that section 5 does not govern, but that the adopting another vitiated the proceed !: notice is regulated by section 15 of the act, and the issuance of the $400,QOO bonds was not that on the pleadings the poini cannot be made based on the estimates of tns board prior to the or m aint'tiiied. ' election called for the first scheme, but on the The statute does not bear out the construction new estimate made on the new scheme, uijh- coutended f^r, tuar the action was prematurely teen months after the election. The board brought. The denomination of the bonds noed having male this estimate eighteen months not be fixed at one and me same time, as that after the election, their action is invalid unlei-s matter is left with the discretion of the board, ratified by an election. Au order of a Board oi The contention that the authorization became Supervisors docs nut impart the same absolute void because part of the district was excluded verity as a judgment. (C. C. P., sec. 1962.) cannot be sustained. The proceedings in the By the court. Beati.y, C. J.: This is u special formation, organization and government ox proceeding instituted in pursuance of the pet irrigation districts are to be literahy construed, j of March 16, ISMf) (Stilts. 1889, p. 212), lor the (Irrigation District vs. t)d Lappe, 79 Cal. 354; purpose of obtaining judicial confirmation of :>ni District vs. Wiilii-iins, 76 Cal. 368.) the validity of certain bonds ot the respondent George W. Schcll, C. W. Eastin and Thoraai which it has ordered to be issued and sold. B. Bond, for the appellants, in reply con- The act referred to is supplemental to the act tended: entitled "An m:t to provide lor the organization The judgment of the board is not conclusive, and government ui irrigation districts find to It is not only essential that the land should be provide for the acquisition of water and other benefited by irrigation, but also that it must be property and for the distribution of water from a common source and the sarno system of thereby for irrigation purposes.'' approved works. The city of Modesto cannot be bene- March 7, 1867, auti commonly known as the filed from a common source by the same sy- Wright law, (Slat,-. L888. . 29 ) tern of works. Evidence of this fact, and of The original act, as its tiil-j import?, provides that iu- theiu at for the organmtuon orure"irrigaiiou u i strict, and ior the adoption and carrying out ot plans ior the irrigation of thf lands embraced therein. Among other things provided us the issuance and sale of the bonds ior the several districts Before any such bonds can be issued or sold the directors of the district are required tosub- luit the proposition to a vote of tne electors at a special election and to order and give notice of such elect! ou in a manner particularly pros- 1 As to the validity of the bonds when issued, depends upon the' regularity ot the proceed- ings of the board and upon the _ ratification of thaiproposition by a majority of the electors. It is a matter of common Knowledge vestors have been unwilling to take their par value while all the facts affecting their validity remain the subject of question and dispute. To meet this inconvenience for tno security of investors, and to enable the irrigation dis- tricts to dispose of tueir bonds on advantageous terms the supplemental act, under which ibis proceeding was instituted, was passed. It provides that the board of directors of any irrigation aistrict "may commence a special proceeding, in and by which the proceedings' of siiid board and of said district providing for : and authorizing the issue and sale of the bonds of said district, whether stiid bonds or uiiy of them have or have not been sold, may b of the *vinr tiie ai'M'-isi- ! f.nd other property and for t)>c aistrt- n-;'iio:i of water thereby for irri-aiion j-nv approved March ?, 1887. and thit thcv he signed, aeale l and numbered as in said act provider!. It is further ordered that tne bonds of the dis- trlct conform *ng to the provision* rt( said act and to this order be prepared, executed and issued in such nu.niier and form hi all respects that tiiey sh:ill become and be ready for sale by Uiis board and on behalf ot this district. hut this board hereby declares its in- tention to sell the bonds of this district to the amount of .$400,000. to wit: Seven hundred and sixty honds of the denomination of $500 each, and ;' the denomination of $108 each; and it | therefore ordered that a notiftp that .sea'ed :J1 b receive.-! by t'ui:< bonr in the fol'owincv tu w.sp;vp:-'-rs: The 7><(i!t/ Aiin, nbiioi'ecl hi the city of Sun the l: published in t's" city of mento, ami the .Daily Vinie.x, published in the city s n;teJi- s. On motion duly ina, authorized by said vote, and its ! unsuccessful effoits to sell portions of such . Omitting all reference to these pro- : ceediuap, it alleges the orders and resolutions 01 July 31, Ib89, above quoted, directing the issuance and sale of bonds to the amount of ! $'iOO,000, and closes with the following prayer: \Vhrp, your petitioner prays that the pro- i ceem:: .;s aioivs/iid, for the issue and sale of said ] bonds of said irrigation district, may be judicially examined, approved and aiiirmed by suid c tun. Upon the filing of this petition the Judge of I the Superior Court made an order fixing the i -2-iih day of August, 1889, for the hear'. UK of the petition, and ordered the clerk to cause notice of tiie filing of the petition to be given and published, as prescribed by law. In pursuance of said order, the following nciico was issued and published for the pre- scribed period: in the- 8iip<>rior Court of the county of StanislRUS. MUity of (Jaafornia. In tiie matter of tha Modesto i -it riot. No. 1003, | Notice is hereby given that the petition or tue , board o; directors of the Modest-* Irrigation dis- ! trict. praying that ;ho , tor the issue vie of tne bonds of said district may b ex- sd, approved rmd. was on the 1st Cj;i r t iiveu a-; the t-,me for the hearing of the snid petition the 'JitJi i'i-y of August, 18-59. at the Court- Mi the cit-v of Modesto; and notice is further that any person interesfted in the organ i?.a- .said d'istrict. or in the pro'jeeuings for the c.f said bonds, may. on or before the as; abovo mentioned, demur to or answer ;tion. By order of tiie court. Altest: E. I). McC'abo, clerk. By A. .1. L-ewis. Oeouty clerk, (inuarsed.j Filed October 21, 1889. E. D. MCCABB. The defendant, on the 24th day of August, 1889, appeared in the proceedings by his at- torney and tiled a demurrer to the petition, which, was overruled by the court, and on Sep- tember i>vl he liled an answer, and the issues were set for trial on October 21, 1889, upon which day the trial commenced and continued until both parties eioSed. tneir evidence on October 2dth, whereupon the court adjUfarued until October 28th. When the hearing was re- sumed on the 2Sth, and after the argumen had commenced, the petitioner asked und o tained leave to file and serve an amended peti- tion, and defendant was granted leave to de- mur to or answer such amended petitio within ten days after service of an eagr copy. On the 30th day of October the amended pe- tition was filed, which, in audition to the alle- gations of the original petition, allied, the order of the board of directors of January 3, 1888, for the issuance of the #800,000 of bonds voted by tne electors, and also that the $400,- 000 of bonds ordered issued and sold by the resolution of J uly 31, 1889, were a part of the amount of $800,000 ordered issued by tha res- olution of January 3, 1888. The prayer of the amended petition, was a repetition of the original prayer. Tne defendant, upon being served with the amended petition, again demurred, and his demurrer being overruled, ho again answered specifically, denying everything alleged i.u the petition, aud setting up several matters of de- iens-*. He then demanded that the whole case should be tried de no vo, disregarding all the evidence that had been taken. But the court refused this demand, holding that the evi- dence already taken might properly be consid- ered, but allowing the parties to introduce evi- deuce as to the new matters embraced in the amended pleadiuga. In pursuance of this order the trial was ro- sumcd on November 21st between the peti- tioner and defendant, and thereupon the case was argued, submitted and decided. No notice of the changes introduced into the petition by the amendments above mentions! was ever published or served in any manner except upon the defendant, but thy court in its findings and decree confirmed tmd declared valid not only the order of July 31, 1889. re- lating to the 'issue and .sale of the $400.000 of bonds, but also the order of January 3, 1^88, relating to the issue of $800.000, which, as we havo- said, was mentioned for the first time in | the amended petition. Such being the caso, the appellant objects to the published notice of the tiling of the peti- tion"; first, that it was insufficient as a notice of the original p"tition; and second, that it could not possib?/ confer upon the Superior Court any jurisdiction to confirm tiie proceed- ings alleged for the firsc tune in the amended petition. Tiie statute (sec. 3) requires' that the notice ; shall state, among other things, the prayer of ' the petiliou, and it is contended that this no- tice did nut slate the prayer of the petition. But we think the notice contained every- thing necessary to a substantial compliance with the law. The prayer of the petition must be read in. connection with the peiitioii itself iu order to undersuuid its meaning, but so read it is clear and intelligible, and is in effect a prayer for the judicial examination, approval and cou- firtaatioa of all the proceedings set out in the petition, including those for the organization of the district, for they, like the rest, were es- i to the legality aud validity of the no;;ds, aud accordingly tho statute (sec. 5) ex- pressly confers power and jurisdiction upon the court, in all ._ tiou.oi' bonds, to examine and determine, ap- prove and confirm the proceedings for the or- ganization of the district, as well a- all other proceedings that may affect the legality and validity of the bonds arid the order for their sale. The prayer, therefore, was sufficient when read in connection with the petition, but to have repeated it in its literal terms in the no- tice would have been meaningless, and the only way to "state" it was to give its substance, as was done. Of course, to a person entirely ignorant of the law authorizing and regulating the proceed ings, the notice may have been unintelligible, but it would have been equally so to such u person if the prayer of the petition had been us lull and specific aa the allegations upon which it was founded, and had bden copied verbatim in the notice. A knowledge of the law is, however, imputed to every one interested in the proceeding, and it is decided, in Li:nt vs. Tillson, supra, that the notices required in cases of this character are to be construed o,nd aided by reference to the statute. So read and construed, we think that the notice in this case was in substantial com- pliance with the statute, and imparted suffi- cient notice to all the world that the directors of Modesto irrigation district No 1O03 would, on the 24th day of Anguat, ISbi), submit the question of its corporate existence and the reg- ularity of all its proceedings "for the issuance and sale of its bonds, so f^ir as the saivae were set out in its petition on file, to the Superior Court of Stanislaus county, and would ask the court to decree the regularity of all such pro- ceedings; and we think that all persons inter- ested in the district, being so notified of the time of the filing of the petition, and of the office in which it remained as a public record, were bound to Vike notice of its specific allega- tions, and if they had any objection to the con- firmation of the orders and proceedings re- ferred to in the prayer of the petition, that they were required to present their objections to the court at the time and place mentioned in the notice, or be forever precluded they and their successors- from questioning the Validity of the bonds issued in pursuance of such proceed- ings. but could the court, without the publication of a new notice for the statutory period, ac- quire jurisdiction to examine and makj u valid confirmation of proceedings not set out in the petition on file when the original notice WAS published, and to which it alone referred? Or, to state the question more precisely, could the court, bv giving notice oC a potition to con- linn an order for the issue and sale o; bon the amount of $400,000, acquire jurisdiction to confirm an order for M-.e i^suaru.-o ot to the amount of $800,000? \Ve uo net it could. The only answer which respondent makes upon this point to the contention of app is that he had notice of thy amended com- plaint, that he demurred and au&werea to its allegations, and therefore cannot be heard to object that other persons had iio notice. Of course, in ordinary proceedings intended to fasten a liability upon particular dofend- uvits, and in which ' IVK:;J i^iy be nuvlo. inde- pendently liab'ii-, tl.i'r! would bo n sufficient answer. "But here tlio proceeding is in re:n, and its object i* to establish tlio validity o) the bonds as against t ho irrigation district and MI persons interested ii: the district. To be elective for the Protection oi' investors or of advantage to thf district, the Judgment should bind ail the world. A judgment binding upon the appellant aloos must bo in effect a nullity, leaving the district in precisely the stimc posi- tion it v, r a..-s in before the proceeding was com- menced. Such being the case, this appellant, ns land- owner of the district, directly interested in the price to be realised upon u'sale of its bonds, hafc a right t'. insist that the stops iiec?ssary to give the court jurisdiction, to pronounce a binding decree siiall IK- r. gular/ly taken. And wo c;.n svsMiit escape; from the conclu- sion that t: i confirm the or ihe I issuance of .- of the dis- trict, ig erroneous and void for want of juris- diction. But we think" the- re is no doubt that the Superior Court had jurisdiction, acquired by full compliance of the 'aw, to examine into and confirm th" onv>r !' Jnly ;>!., 1H89, for the issuance and sale oi ?;y enabling th courts of the State to render a judgment binding on all the world as to the validity of bonds to be offered for sale by such districts. To obtain such judgment the petition should set forth the particular orders for the issuance ' and sale of bonds, confirmation of which is de- sired. How fulh- the preliminary proceedings must be alleged is a question which does not arise here; but with respect to the organiza- : lion of the district, it is only necessary that its ! 1 due organization, and the election of its first board of directors, should be nlleged in general i terms. The prayer of the petition is sufficient ^ if it prays for tluvuxaniinatipn, approval and i confirmation of the proceedings "afor for the issuance and salp of bonds of the dis- trict, and the notice i.s sufficient if it states the ' subUtuice of such prayer tvnd in other r>j>;nects : conforms to the statute. But the decree of the court, cannot go bevond the orders for the issu- ance and sale of bonds which are alleged in the petition, and, in case the original petition is amended by setting out other orders for the ! issuance or' sale of bonds, the court will not p acquire jurisdiction to confirm, such orders i without the publication of a new notice of the amended petition. A decree, however, confirming all the orders " alleged in the original and amended petitions i is not void for want of jurisdiction as to the I orders set out iii the original petition, merely because no new notice, haa been given of the filing of the amended petition? If there was due publication of sufficient notice of the original petition, the decree of tho court con- firming the orders for the issuance and sale of bonds therein Specifically alleged, and of all the preliminary proceedings affecting their validity, including those for the organization of the district and the election of its first boo.rd of directors, is within the jurisdiction of the court and can be assailed only by those who !| who have contested the proceeding, and by them only upon the ground of prejudicial errors affecting their substantial rights which have been duly excepted to. In this case, accordingly, AVC hold that so ,1 much of the decree as confirms the order for the issuance of $800,000 of bonds of the di-a- , trict, dated January 3, I'SSS, is void, but that it should be aflirmed so iar as it confirms the order of July 31, 1889, for the issuances and sale of $400,000 of the bonds of the district, unless in conducting the proceeding the Supe- ; nor Court committed error to the prejudice of : this appellant i The first point urged by the appellant upon this branch of the case is that the Superior Court had, erred in confirming the proce^ of the Board of Supervisors in organizing the district, because said board by including in the city of Modesto had violated the follow- ing provision of the Wright law: "N'orshuH any lands which will not in the judgment of soid board be benefited by irrigation by ^aie j tioi'iV.'ii! : w could not ; without disregarding many of its ex- i'ue time reuder- I'Ac.ticrtl! v inoperative. ourttme tiio law to mean that the board nmv include in the boundaries of the i. alUands which, in their natural state, would be benefited by irrigation and are susceptible of irrigation by one ;>ysteni. < f the fact that buildings or other structures may have b fl her? and there vn:>on small lots, Avhieh are thereby reudeVed unfit for culti- vation, at tiu> same time thai their value for uurposis may have been greatiy en- So constrted, we- can see no objection to the law upon Constitutional grounds or grounds oi expediency. As to the owners of such property, it seems reasonable to assnnie that they must partloi* indirectly at le/isst, in nuv benefits the district may derive frorn this successful inaugu- ratioii of a system of irrigation; but aside from this, the law contains an express provision de- signed to secure to them a benefit exactly cor- ding to any burden, to which they >< subjected, and in that respect is fsr more f-qui- tab.e than many oi the assessment laws^vhich have been upheld here auii elsewhere. The provision referred to is this: Every taxpayer of the district receives a portion of all the water distributed exactly equivalent to his propor- tion o; the total tax levied, and this water i I that the mere fact of the corporate existoi: ...mended by the Appellant I ! of a town or city, though situate in th of a district uuscsptible oi irrigation exclude, by system, necessarily depnves the Beard of Sop- ' tnarkatton, 'verv nvnute tract or ervisors of lh county of the power to itic! . covered by a building any of the luuds within the corporate limits of ,h-h unfits it for cultiva- such city or town in an irrigation district. We say this seems to be a proposition of the appellant, because, although it is not ex i stated in terms, it appears to be necessary to sustain his contention; for if it lies within the discretion of the board to include in an irriga- tion district any part of the lauds of a town or city uoou the ground that iu their judgment such part will be benefited by irrigation under the system proposed, and if the judgment of the board upon the question of benefits is con- clusive of the fact us we shall sh A that it is there ia no ground upon which traourt can say that an order including all the lauds of a city or town in such district is void. The idea of a city or town is of course asso- ciated with the existence oi streets, to a greater or less extent lined with shops and stores, as well as of dwelling-houses, but it IK also a notorious fact that in many of the towns and cities of California there are gardens and orchards inside the corporate boundaries re- quiring irrigation. It is equally notorious that in many districts lying outside of the cor- porate limits of any c'ity or town there are not only roads a;:d highways, but dweliiug-b outhouses, warehouses and shops. With re- spect to these things which determine the use- fulness of irrigation there is only a difference of degree between town and county. 1 he ad- vantages of irrigation to a town like Riverside, in San Bernardino county, for instance, no one could deny, and the difference between sue; CUUH-l *-lcli.> , lliav^ tut; Ufi~llb4.VLi.wu wx^wti^'^** onxo* v* Li^il Ul 1-UX. LUl.;.l bt4. iUVlCU, rvilli 1/lilO VI tl.bc*. *c town and those places where irrigation would his to use of to sell, as he may elect, so that if be as manifestly out of place are not marked by any hard and fast line which would enable a court to lay down a rule of dis- crimination. The question whether in any particular case a town will- whole, be benefited directly by the application of water for irrigation ir. in its nature, and un- der existing conditions must remain, a ques- tion of fact to be decided by that tribunal to whose discretion it had been committed by ih his lot is not fit for cultivation, he, nevertheless, gets a full equivalent for the tax assessed to hi m. (Stats. 1887. p. 34, Sec. 11.) Upon these grounds we hold that a city or town, or a portion, thereof, may, in a proper case, be included in an irrigation district. As to v.'hnt is or what is not a proper case for such inclusion, the decision of that question has been committed to the several Boards of Supervisors, whose discretion is not subject to . Upon matters affoot- 1 Legislature. It is very certain thai the Legis- . the control of any court. i lature intended that cities and towns should in j j n g their jurisdiction the orders of the Board I proper cases be included in irrigation districts, ' o f supervisors may be open to review, but upon [ the-qucstion of fact as to what lands will or ; will not be benefited by irrigation their de- ] for trie act expressly provides lor the assess- ment and taxation, according to their vaiue, not only of city ami town lots, but also of the clsion is final and conclusive. (See section 2 of the. act, Statutes of 1887, o. 30.) Tiie formation of irrigation districts is ac- : complished by proceedings i so closely analogous j to those prescribed for ths formation of swamp '. land reclamation districts that the d< visions With respect to ths latter are authority as to the former, and w cite as eoiiclmive of this improvements tuerton. (Stats. 3SH7, p. . sees. IS et sc-q.) And this section of the law was made an argument against its constitu- tionality in tne ease of Turiock Irrigation Dis- trict vs.' Williams, in whicn its constitutional- ity was affirmed. (7G Cai. SliO.) Such having been the intention of the Legislature, as is clearly apparent, and it being eqtiady clear point People vs. linear, TvJ Cal. 181; id., 06 I and notorious as matter of fact t ii;i,t there are <_;.,]. GO. Many other decisions to the same effect cities and town;-) which not only may be bone- Rr% cited in the briefs of counsel, but we deem tited by irrigation, but actually nave in profit- it unnecessary to refer to them heie. ! able use extensive systems for migrating land , The Superior Court*di i not err, therefore, in within their corporate limits, it cannot be de- refusing to allow the appellant to iutroauce nied that tne Supervisors uf Stanislaus county evidence for the purpose of proving that his had the po\ver to determine that the lauds and other lots in the city of Modesto would be comprising the citv of Modesto would be bene- fited by irrigation, and might be included in an irrigation district. benefited by the proposed system or any sys- tem of irrigation. Nor did the court err in re- fusing the offer of appellant to prove that the There was, it appears, A large majority of the , Board of Supervisors wrongfully included the electors of Modesto in favor o] such inclusion. ' but the appellant and others owning buildings objected to being included in the distrii the ground that their lots covered with s shops .and warehouses would not be benefited. If tnis objec -triet it is probable that no district could over be suocsssfully or r, iu the nature of things, an irrig and no matter how purely rural and ag rural the community may b re within its limits a shop or wuiv- city of Modesto in the irrigation district, for the purpose of carrying out the scheme of or- ganization, against the wishes of the farmers outside the city. To entitle the appellant to prove that the board asid its members, well knowing that the no'district" ecmlu ever be suoCsMfully orgili- ; lands of the city would riot be benefited by irri- Tthelerfi, included them for : the corrupt purpose eugg0ted, and not in the exercise of their honest judgment and discre- tion, tho facts constituting the fraud should have been fully pleaded in the answer, but no house covering a limited extent of ground that such facts as he offered to prove wora pleaded. an derive no direct benefit from the use of w-iiter for irrigation. Here, ag-ain, N and cv>unty is >ion in fir It is, indeed, alleged that the order includ- ing the city was not made in the exercise of tho judgment and discretion of the board, but contrary thereto. This .allegation is part of a separate defense, in which it i.-j coupled with other allegations, going to show that the lauds i district, M o{ the city W0 uld not 'be owncr oi similai tiojj> but - jt is nowhe property outside of or any of its m,'iabers, actually believed at me ; time they offered such lands to be included in , the district, that they would not be benefited. | Jjhe court, therefore, properly sustained the objection that the offered evidence was imina- , terial. < As to all such matters as were alleged in the answer, the evidence shows that the Board of ; I bupervisors acted with the utmost deliberation ' i upon the petition for the organization of the district; that they heard and considered num- erous objections, and the testimony offered in support of them, and did not make" their final decision until the time allowed for decidin^ Thf sale ui' oui! iv more or tes.1 valid, wuetaer tho order of exclusion was legal or Superior Court did not err in holding 1 that thy $4=00,000 of bonds ordered to be issued and sold by the orrlor of July 31, 1839, was part of the issue of $800,000 proposed and voted and ordered issued January o, 1S8. Th- evidence fully sustains the finding, and tnere is nothing really opposed to it except, I that tho resolution of the bo.ird loos not in express terms coule the issue ana sale with fcne previo express terms couple of the .vli>o,ooo of bonds for appellant arises i; issua^ oi^'xTo^ uf'topK ^The^a the directors to issue the bonds to that' 1 amount, the Board of Supervisors had ordered a portion of the district embracing ^8,000 acres to be cut off and excluded therefrom. It is contended that this order which was OIIQ of the proceedings confirmed by the Superior Court was void for want of jurisdic- tion in the board to make it. The prouc'e lings for the exclusion of lands , lent to irrigate one hundred and eisht thousand acres, and that the order lor the issuance and sale of $400,000 was made after a change in the dis- trict and a change of plan contemplating the bringing of the water from the Tuolumnc river sufficient only for th irrigation of eighty thousand acres, does not destroy the relation between the last order for the sale of ._ ... bonds and the original nuthority to is?ue from an irrigation district of which they fori I tnexn. The authority to issue bonds is \yhoily a part are authorized and prescribed by ji independent of the source of supply of water another act amendatory and supplemental to ' or an y phtns for obtaining it. There is noth- - law to prevent the directors from their plans in this reopect whenever . e, . , ^ ,.,,. , . it to the advantage of the district to for exclusion by owners of lands within the : . so - And any order they may make for the issuance and sale of bonds must be referred to the prooesdings by whi the Wright act. approved February lb', 1889 j in S iu the la (Stats. 1889, p. 31.) ' I changing the This act provides for the filing of a petition ; the y flnd it tc district, notice of the filing of such petition, and time and place of hearing, the presenta- tion of objections by parties interested, and in certain cases for a submission of the nutation of exclusion to a vote of the electors of the district. Among other things it is provided that if there be any outstanding bonds of the district no order of exclusion can be made without the consent in writing of the holders of such bonds, acknowledged as deeds of conveyance are required to be acknowledged, It is contended by the appellant that at the time the petition for the exclusion of the 28,- 000 acres was -filed, and during the greater portion of the time tho notice of the hearin- was being published, there were outstanding bonds of the district, and that no written con- sent of the holders of said bonds was ever given to the making of the order. But the fact is there never were any out- standing bonds ol the district. Its bonds, as' above state-.!, mid more than once been offered ' for sale, and at onu time a bid for $50,000 of the bonds had been made by Tucker & Parley , and formally accepted bv the directors. But the evidence shows that at the time of the making and accepting of this bid there was an understanding between the bidders and the directors that tho former were not to be held to their offer unless they could succeed in negoti- ating a sale of the b-juds to some outside party, and a they failed to do so the bonds bad 'never been issued or paid for. And prior to the mak- ing of the order of exclusion Tucker & Perley hud, upon their written request, boeu released from their offer by formal resolution of the board of directors. Such being the case, it is clear that there had h alone such order is authorized, whether they are expressly re- ferred to or not. The Superior Court did not err in refusing to try the case de novo after the filing of the amended petition. All the evidence that had been taken was applicable to the issues formed by the amended pleading?, and, indeed, the principal object and only effect of the amend- ments to the petition was to make it conform to the evidence already in. It would, there- fore, have been a nit-re waste of time, as well as a most unusual practice, to have introduced anew the evidence already before the court. It is contended that the board of directors never had any authority to issue any bonds of the district, because no 'legal notice was given' of the special election at which the proposition co issue bonds was submitted to a vote of the electors. The pdint of this objection is that the gen- eral notice prescribed by section 5 of the Wright act (Suits. 1887, p. 'ol) was not posted in the office of the board. But this 'was a ; special election held under section 15 of the act, page 35, and the notices prescribed by that section were duly given. As we construe the law, that section applies to such special elections, to the exclusion of section 5. It is contended that this judgment cannot be sustained, because the proceeding was com- menced before any bonds had been issued. According to appellant's construction of the supplemental act. no proceeding can be com- menced under it until bonds have been actually issued. There may be something in the literal terms of the title, and one or two ', clauses of the act, to countenance this cou- < not only hevir been any outstanding bonds of -' siruction, but, read as a whole, and with refer- the district, but that at the date of the order of exclusion there was not even a subsisting con- ir;ua for the issuance of tho bond-. We cannot perceive, therefore,' that the court committed any error in decreeing the validity of the order of exclusion. But, even if the decree had been in that re- rroncous, it is by no means clear that it would luivy boon material. For the order of exclusion is not one of the orders set out in once to its manilest purpose and the evil it was | intended to correct, it must be construed as j allowing the proceeding to be commenced as i soon as any resolution has been adopted for ' the issue and sale of bonds. Finally, it is contended by appellant that the authority originally grunted to the directors to issue bonds to the amount of $800.000 at the time when the district embraced 108,000 acres ; ended with tho order excluding 25,000 acres; the petition of the respondent, confirmation of for ' ne s a y*> even if the Legislature intended which is prayed. It is alleged, for the first - to bind the new or reconstituted district by n tiiue, intlu; answer of appellant, and its in- f(s UUUUM- oi deionse and as a jrv-ouiui ior refusing couTinuation of the order tanpe and salt of bunds. It is, there- iore, material only so f.-ir us its validity and in- y ailects such order for the issuance and vote of the old district the law to that extent would be unconstitutional. (Citing sections 11, 12 and 13 of Article XI of the Constitu- tion of California, and section 10, Article I, of the Constitution of the United States.) If, alter this district had actually incurred a ... debt by the issuance of bonds, a nortiou of the lauds of the district had been excluded with- out the consent of the owners of the lands re- maining, the argument ol appellant on this point would have had much force, and would at least have been deserving of serious consid- . eration. But the fact being that at the time of the exclusion of 128,000 acres from this district it had no debt, and that alter notice oi the proceeding no objection was made to such ex- clusion by any person, there is no basis ior any claim of injustice or violation pi' constitutional rishis. The identity of the district was not destroyed by the exclusion of apart of its lands. i Those who remain iu tne district v/ill receive j all the benefits of the expenditure* of the pro- I ceeds of its bonds?; they will not be compelled to pay for anything for the benefit of others. Nor is there anything in the law to compel the directors of the district, as constituted, to ex- pend the whole amount of bonds authorised, if uch amount shall not be needed. The pro- -isiou of section 15 for the issuance of the >onds voted is merely directory, leaving it in he discretion of the board to issue and sell uch amount of bonds, within the amount roted, and at such timea, as they may find ex- >edient. Upon a review of the whole case, we con- lude that all the proceedings examined, ap- roved and confirmed by the Superior Court. vere regular and valid, but that the court did lot acquire jurisdiction to confirm the order irresolution of Januarys, 1888, for tne issu- ance of $800,000 of the bonds of the district in this proceeding. The order, however, is not essential to the validity of the order for the issuance and sale of i*>400,000 of bonds, which depends upon and is sustained bv tne other proceedings for the organization of the district, and the issuance of bonds. It is therefore ordered that the judgment and decree of the Superior Court be and the same is hereby modined by striking out so much thereof as confirms said order of January 3, 1888, i'or the issuance of !?SOO,000 of bond's of respondent, and as so modified the judgment and decree, as well as the order overrun ug ap- pallant's motion lor a new trial, are affinnad. McFarland, J., Paterson, J., and Sharpstein, J., concurred. HIGH INDORSEMENT. WHAT C. P. HUNTINGDON THINKS OF IRRIGATION. Able Papers by Messrs. Rhodes, Newlands, Wright and Jarboe. In response to requests from the CHRONICLE the following papers upon the subject of irrigation and irrigation bonds have been prepared by the gentlemen whose names are signed thereto. None stand higher in the business and profes- sional world than Messrs. Huutington, Rhodes, Newlands, Jarboe and Wright, and their judgment upon the mat- ters referred to will be accepted as conclusive by thousands who have not had au opportunity to look into the subject thoroughly for themselves, and will go a long way toward convincing the business community of the entire country that the provisions of the Wright law are eminently just and benelicial and the bonds issued in strict accord: Lihat low constitute an investment oTTTRT: (richest worth. In connection with the ! letter of 0. P. Iluntington it should be stuted that that gentleman referred the * question of the legal status of the bonds <; to the Law Department of the Southern ij Pacific Company, and that after full in* * vpstigation an answer was returned in- dorsing the legality of the securities in the most emphatic manner. C. P. IIUNTINGTON. A. Clear and Pronounced Statement in FaTor of Irrigation. SAN FRANCISCO, April 22. To the Editor of ike Chronicle SIR: Your esteemed favor of April 17th is before me. The ob- ject of your writing, as derived from your , letter, is to obtain from me an expression, i either in the form of a letter or an inter- view, as to the solvency of bonds of irri- gation districts formed in conformity with the provisions of what is known as the Wright irrigation law. Prior to the receipt of your letter and the examination of the subject which it suggested I had but a general and neces- sarily vague idea of the provisions of the law. I did, however, understand clearly the objects of thia legislation from its in- ception. Arid lands lying under favoring climatic conditions become highly pro- ductive and valuable by the application oi water through artificial channels; in fact, this method of supplying to the land the necessary moisture to produce vegetation is far more satisfactory than dependence upon the uncertainty of seasons. The lac- tors upon which successful field culture deuend are climate, fertility, intelligent cultivation and moisture. The three first oftiie.se exist throughout the country and are under the control Jargoiy oi men. You rind the climatic conditions that is, the clemency of climate favoring vegetation. You can lind the fertility of soil, and to this apply intelligent cultivation; but when tnev the act for the formation of a district, and | it would be senseless and absurd for the court to decide that the act for the forma- tion of districts was constitutional if they could not be formed in that mode. The ! act could not have been held by the court to be constitutional if the publication ot the notice, above mentioned was not due notice to ail persons interested in the matter of the form^ion of the district, or if such persons were not thereby afforded an opportunity to appear and be heard in that matter. Second Irrigation districts are public corporations, in the sense that a city, a county or a swamp-land district is a pub- lic corporation, and, they being public cor- porations, the proceedings under the law providing for their organization are to ba liberally construed, so as to give effect to the law". This was so held in one of tho first of those cases that reached the Su- preme Court Central District vs. De Lappe, 79 Cal. 851. That salutary doc- trine wars laid down in the very able opin- ion of Jucl^e Hayiie, and was lully con- curred in hv the court. That doctrine is of great value to all the districts that have not lu-d ths proceedings for the organiza- tion of their districts und lor the issue of their bonds confirmed under the provis- ions of the Confirmation act of 1839, far it enables and requires the court to disre- s* U'd any irregularity in the proceedings that doos not affect a substantial right. Third Boards of Supervisors have com- petent authority under that act to organ- ize irrigation districts. In that regard their authority is quite similar to that which is exercised by them in the forma- tion of swamp land districts, and in that respect their authority has uniformly been upheld for more than twenty years. Thia proposition is restated because it has been ur^cd in some cases that the Legislature had not competent power to confer ^such authority upon boards of supervisor*. But as already stated, the decisions to the eifeet that the Wright act is constitutional necessarily decided that the districts could be formed by those boards. The Constitution, article 2, sec. 5, requires tho Legislature to prescribe the duties of the boards of supervisors, the language being the same as in the Constitution of 1349, and the court having uniformly upheld statutes authorizing tnose board's to form school districts and swamp land districts and to appoint justices of the peace, con- stables, etc., the question of the power of the 'Legislature' to authorize those board* to form irrigation districts is completely seJL at rest. Fourth The publication of the petition to the Board of Supervisors for the lorma- tion of the district, together with the notice stating tho time when the petition will bo presented to the board, if pub- lished in t!io manner and for the time ed by the act, constitutes sufficient notice to ail persons interested in the pro- posed irrigation district, or in lands com- posing the same- in other words, such publication constitutes "due process of law. This proposition, though decided in the ca->c.'3 above referred to, is again mentioned for the purpose of calling ) the logical opinion of Justice Temple in < mi-street cases (Lea; ^j-i), and to ilia recent decision ot tiie Supreme Court of the United Stales in one of the same class of eases, both of which hold that a published notice in such proceedings is due notice to all persons interested therein, and consti- tutes "due process of law." Fifth It has not been expressly de- cided by tho Supreme Court though it has be-on i y some of the Superior courts that the boai'd can concl'.isively determine (he questions as to the genuineness of the signatures to the petition and as to the petitioners being freeholders within the proposed irrigation district, but the de- cisions oi the Supreme Court of this State and tho larger portion of those of the other hirate.s find those of the Supreme Court ot the United States leave no room to doubt that the true rule is that the de- termination of those questions by the board is conclusive as against a collateral attack. It is so held in the swamp land cases. (People vs. Hagar, 52 Cal. 111.) In tho cases of the districts which have had the proceedings for their organiza- tion and for the issue of their bands con- firmed, the decree of confirmation defi- nitely determined that the petition wafl sufficient in form, that the facts therein stated were true, that it was signed by tho petitioners, and that it and the notice \veredulypubiished. The decree placed all those matters beyond the reach of a successful attack by any person. In many of the other districts the above matters can bo proved as facts, even if the uecis- Ilecorder'.s us or the board were had in couiormity \yith the provisions of the ace, the district is a legal and valid irrigation district. Ten tli Alter the district has been duly organized, the proceedings ot the board of directors in issuing the bonds are mainly ministerial, and the only questions that could arise would be merely whether the provisions of the act had "been pursued; and those provisions are plain ana easily comprehended, and may be readily fol- lowed. Eleventh Tho board of directors may estimate and propose the amount of bonds needed lor the construction of the water- works. The estimate is proven by the record of the board. The order calling an election upon the proposition for tha issue of the amount ot' bonds mentioned in the estimate, the notice of the election and the canvass of the returns of the election can be proven in the same man- ner as like fac.tti would be proven in ease ot the issue of bonds by a county. If such proceedings have been confirmed, the decree of confirmation conclusively deter- mines that those proceedings have bean duly ana regularly had. If there has been no decree of confirmation, counsel can readily ascertain whether those pro- ceedings arc regular. Twelfth The authority granted to any public corporation to create a debt neces- sarily carries wilh it both the power and the duty to raise the necessary funds fp* the payment of the debt eoniracte i by it, ion of the board be held not to be conclu- au d a no other means are .specially pro- sive of the truth of those matters. < vided by the law applicable to the corpora- Sixth The board has competent aa- . lion the corporation must raise the necess- thority to determine What lands shall bo j sary funds by assessment or taxation. This proposition has o;tea been laid down by the Supreme Court of tha United States and the State court.s, and there are no de- cisions to tne contrary. Assessments upon the lands of the district being tha means provided by the Wright act by which the iunds i. re to be raised lor the payment of the debt created by the issue of bonds, they muse lie levied us the debt matures and must be repeated untiljjthe debt is satisfied. In Turiock vs. Williams, supra, the power of the district to levy assess- ments was affirmed, and that "doctrine has not silica been questioned by the included within the proposed irrigation dis- trict, and its determination in taat matter. is conclusive as against a collateral attack. The doctrine in relation to the authority of the board in that regard was recently laid down by tho Supreme Court in Mo- desto Irrigation District vs. Tregoa, de- cided March 19, 1891. Attention is called lo the clear and forcible opinion of the Chief Justice, in which many of the ques- tions arising -under the Wright act are carefully considered, and all of them are disposed of in favor of the district. Seventh There would seem to be no reason to doubt that the board can legally court,. order an election upon the question of the 'i Thirteenth An irrigation district can formation ot the district; or that tho board may establish the election precincts and appoint the officers of the election,, and canvass the returns of the election, and declare the result. All those matters are steps in the proceedings for the organ- ization of the irrigation district, and it be compelled to levy and collect the neces- sary series of assessments, in order to pro- duce the moneys required for the payment of the principal and interest of the bonds. In addition to the remedy by mandamus to compel the levy and collection of the necessary assessment for the payment of has been held, as above stated, that the the bonds, the amendment of the Wright board has power tion district. to organize the irriga- by the last Legislature, au- : thorizes the Board of Supervisors to levy Eighth There is no room to doubt that an assessment in case of a default by the tha notice of the election provided for by board of directors. The question of the the act, is a sufficient notice. A notice validity of that amendment nas not been published for three wce:cs is unquestion-^ passed upon by the court; but there would ably due notice of any election, so far as" seem to i>e no ground upon which it can regards the time. be held that it is invalid. The Constitu Ninth The record of the canvass of the tion provides that the Legislature shall returns ot the election is conclusive. Ail prescribe the duties of the Boards of Su- the cases so hold. If the voie of the pervisors; and as the court has sustained doctors was in favor of the organization of laws requiring the boards to organize the district, and the board, in its order, swamp land districts, and irrigation dis- has defined the boundaries of the district, tricts, to levy school district taxes, to ap- aud the order has been filed in the proper point Justices of the Peaee, constables, etc., it would seem that the Legisla- ture may. with propriety, prescribe that this dutv shall be performed by the Boards of Supervisors. Fourteenth A sale of a parcel of land within an irrigation district, in proceed- ings to collect an assessment, does not discharge or exempt euch parcel of land from the lien of any future assessment. In tnat respect the assessment is like a tax, which may be levied annually upon ell the lands within the county for the payment ol the debt of the county. Fifteenth Mention is above made of confirmation proceedings, and the effect of the decree of confirmation is alluded to. Only a few of the districts have procured Buch decrees, but it is believed that the proceedings on behalf and by many other districts have been conducted with such care that the districts may procure decrees ot confirmation should they apply for them. In Modesto Irrigation District vs. Tregea, above cited, the court affirmed the decree of confirmation rendered by the Superior Court. The effect of such a decree was declared in Crall vs. Poso Irrigation District, de- cided December 15, 1S90. In that case a landowner sought to enjoin the sale or the bonds, he reiving upon almost all con- ceivable objections to the proceedings for the organization of the district and ttrt issue of the bonds, and the district in answer to his complaint, and as a bar to tbe relief sought by him, set up the decree of confirmation; and both the Superior and the Supreme Court sustained the answer and held that the confirmation decree was as conclusive as it was possible for a judgment to be, and that it abso- lutely precluded the plaintiff from setting up any of his Abjections. To the suggestion that the Supreme Court of the United States may reverse the decisions of the Supreme Court of the State it may be answered that the Su- preme Court'of the United States always follows the decisions of the State court in its interpretation and construction of the Constitution and statutes of the State, unless such interpretation and construc- tion are repugnant to some provision of the Constitution of the United States. The only ground thus far presented upon which it is claimed that the proceedings of an irrigation district can be attacked as repugnant to the Constitution of the United States is that the landowner did not have the requisite notice of the pro- ceeding before his lands were charged with the lien of the bonds that the pub- lished notice of the time and place of the hearing of the petition for the formation of the district, and the notice of the bond election, did not constitute " due process of law." The cases in the Supreme Court of the United States holding that in pro- ceedings of that character published no- tices like those provided for in the Wright act do constitute due process of law are very numerous, among which is the recent decision in one of the Dupont-street bond case, and there are no cases to the con- trary. Respectfully, A. L. KHODES. F. G. NiSWLANDS. A Easiness Man'a Opinion of tbe taw and Its Effects. We are all familiar with the evolution of irrigation in this State. It took many years to determine the practical question as to whether irrigation would pay. When ,his was fully determined in the affirma- ,ive legal obstacles arose .between the ap- jropriatorof the water to beneficial uses m the one baud and the riparian owner on the other. The litigation was long and protracted, and resulted in a victory for ;he riparian owner. A doctrine of the > iaw entirely unsuited to our conditions having been fastened upon us, the next step was to relieve ourselves of its embar- rassments by passing laws which would permit the condemnation of riparian rights and which would put it in the power of communities, by means of great j co-operative effort, to free themselves i from obstruction and rapacity. And so the Wright bill became a law. Its purpose was to enable the people of a particular district capable of being sup- plied with water from a common source to organize into a public corporation with power to condemn, to issue bonds for con- templated irrigation work, and to tax the property within the district for the pur- Dose of paying the interest and principal of the bonds. Numerous districts have been formed under this law, each of which proposes to issue bonds to a greater or less extent. These districts rind it difficult to negotiate the bonds. They claim that the hvw under which they are issued has been upheld against every form of attack by the Supreme Court; that the requirements of the law have been strictly complied with in all their proceedings; that the security of the bonds, consisting of all the lands within the district, is ample, but that the moneyed men of San Francisco are timid and apprehensive and refuse to take the bonds, and that this very timidity find apprehension upon the part ol San Fran- cisco capitalists is a source of weakness in the negotiation of the bonds abroaJL ! They claim, and I think with justice, that San Francisco has always been skeptical ; of the capacity and resources of the agri- j cultural parts of the State, and they ask j the bankers of San Francisco and capital- i ists generally in a matter of such p vital ; importance to the State at large to insti- ; tute some method of investigation of the , legality and practicability of the various i schemes, as a guide to expected investors. It will hardly be questioned that the future of California depends upon irriga- tion. The great fruitfuiness of the soil caused by the application of moisture to arid land's will be the source of Califor- nia's future wealth and development. It is to be hoped, therefore, that this law [will be operative, and that all the pro- ceedings in the various irrigation districts are without legal flaw, for if there is dan- ger of a single district successfully repu- diating its bonds the irrigation interests will be seriouslv menaced. Various means have been adopted by the irrigationists to secure the public confidence for their bonds. They have appeared before com- mittees of the Produce Exchange and of the Chamber of Commerce, and have songht to obtain an indorsement of them i as -A valid securit}'-. The difficulty about this mode of presentation of the matter is that such bodies can only indorse irri- gation in a general way; they cannot be expected, without thorough investigation of the proceedings in each district and the practicability of each scheme, to be able to give an indorsement which will be of any real weight. The irrigation ists then appealed to the bankers, stating that they were willing to .submit the question of the legality of the !- lar scheme lacks merit it would be con- demned by the engineers. If it has merit in some features, but requires modi tica- tion or change in its plans, such modifica- tion or change would be suggested. Above all things it is necessary in this bouds of eacn^district and the practica- j State to create the sentiment that there bility ol the scheme to a body to be ap- I- shall be no repudiation of irrigation dis- pointed by the bankers themselves, con- j Bisting of able lawyers and experienced engineers, and that they, the irrigation- j lets, would pay the expense of the inves- , attempt repudiation, and the law should tigation. This proposition seemed to be j be so shaped, and I understand it is so favorably entertained by the bankers, and j shaped, thaf in case of repudiation au- at a conference held they determined that b thorities outside of the officers of the dis- it would be an impossible thing for every yj trict would take up the work and compel individual bank to inquire into the matter i! the taxation necessary to pay the in- and that it would be best to refer the mat- ' ; ter to the Clearing-house, which consists of the associated banks of San Francisco. trict bonds. A strong moral sentiment should be created in favor of making the security so absolute that no district shall And so the matter went beiore the Ciear- ing-nouse, and they, while proteasing general friendship for the cause of irriga- tion, declared by resolution that it was not within the purposes of their organization to make such an inquiry, and. hence dis- missed the matter from consideration. So that we find that in this process of evolu- tion a great plan for co-operative effort has been worked out, offering, if the law is constitutional and the proceedings legal and the scheme practicable, ample secur- J ity for any reasonable investment; and ' yet the negotiation of the bonds lags and , the cause of irrigation suffers, and the irn-' gationists are almost discouraged. It seems to me that this is a pablic mat- ter which requires great consideration by all our capitalists. It is to the interest of all that this law should be carried out, that its requirements should be complied with, and that the scheme in every case should be practicable. Particular attention should be paid to the danger of repudiation of the bonds in districts where the scheme should prove impracticable, and hence the importance of organizing some body of men which shall report with the authority of experi terest and principal of the bonds. The good faith and sincerity of the people of this State should be demonstrated in this matter, and there can be no more im- portant step in the demonstration than would be the action of our principal financiers in organizing thorough and ac- curate examination into the legality and thj practicability of schemes presented. The latter is as essential asi the former. 'There will be no disposition to repudiate the obligation imposed by a practicable scheme; there will be every disposition to avoid tho burthen imposed by an imprac- ticable scheme. I trust that tho request of the irrigation- ists, reasonable and lair as it is, will be complied with and that immediate stepj will be takou to make an exhaustive in- quiry into the various irrigation schemes of the State. . F. G. NEWLAK os. SAN FRANCISCO, June 4, 1891. C. C. WIIIGHT. Tho Author of the X,aw Explains Its Provisions Clearly. What are the elements of the plan of ir- rigation by the district law of California? First of all, it is the association of all those who have like interests into a municipal corporation with all the powers ence, ability and character upon both the "i uu ,T fTt wMoh -nM, legality and the practicability of each of concentrated effort which such scheme. The proper persons to move in elation in any case affords, this matter are the hankers themselves. The formation of the corporation is ef- They should, as the representatives of or- t fected in substantially the same manner ganized capital, select lawyers to_inquire as ofcher pu blic corporations are effected pr'rcUcability'oTeacrsclfeme! 6 Vh'e 'report " P ower of the tri bunal before whom the of such lawyers and engineers would have 3 organization is effected to modify the great moral weight. Such action would ) boundaries to be adopted in such a man- ner that those, and only those, who will ba benefited by the formation will be in- cluded. "When thus organized the corpo- ration is provided with officers, who are endowed with the functions necessary to do much to clear up the doubt and con- fusion which now exist; would kill off and destroy impracticable schemes; would facilitate the negotiation of the bonds in districts whose schemes were practicable; would invite the confidence of foreign investors and would I greatly promote the cause of irrigation. It seems to me that this is the time for a display of some public spirit on the part ) or our banking institutions, even though sucu action would be somewhat outside of the line of their general operations. It would involve no legal liability on the part of the banks and would involve no expense to them, for such expense would be borne by the irrigationists. The un- wise and impracticable schemes would be weeded out. If the law should prove de- fective suggestion would be made by the ;ra for its amendment. If a particu- enable them to effect the objects for which the corporation was effected. First there is a board of directors whose office it is to manage and control the affairs of the dis- trict in substantially the same manner as do the Board of Supervisors manage and control the affairs of the county. There is provided an assessor, a collector and treas- urer, whose powers and duties are an- alogous to the corresponding officers of a county. This association haa but a single pur- pose. All its corporate power is applied to its accomplishment. This purpose to be accomplished is the irrigation of all lands within the municipality. This end necessitates the construction of works, and this again large expenditures of money. The corporate power is endowed with the necessary inactions to meet these ends. When such a public corporation has beeu formed the first question to deter- mine is, What plan and system of works will best subserve the interests of those concerned? Through the agency of its officers this question may always be cor- rectly answered, The same power which a county pos- sesses to obtain and adopt plans for the construction of any public work is pos- sessed by an irrigation district. It is made the duty of the board of directors of a dis- trict to employ a competent engineer or engineers and to cause an exhaustive ex- amination to be made to the end that the best of many possible systems may be de- termined. With the determination of the system there is coupled the further ques- tion of its cost. This latter question, like the former, is left to the expert opinions of skilled engineers. When they have made an exhaustive examination of the problem and have de- termined what the cost will be the board of directors either adopt or reject ^the re- port. If they adopt it they submit to the electors of the district the question whether or not the bonds of the district in the amount determined shall be issued. If, at such election, the issuance of bonds be authorized, the board causes bonds to bo issued. These may be sold and the proceeds applied to the construction of the works determined upon. When their report upon the plan and its cost (always accompanied with specifica- tions and details) lias been adopted by the board of directors, the construction of works is accomplished under the time- honored plan of competitive bidding. The board of directors advertise for bids for the construction of the whole or some designated portion of the work to be done, and the work must be awarded to the lowest responsible bidder, provided such bid be satisfactory to the board, otherwise they may reject all bids. The successful bidder must give an ample bond tor the completion of his con- tract in accordance with the adopted plans and specifications. Every safeguard is thus provided that the work will be done in the best and most economical manner. In this manner all works necessary to a complete distribution of tha water are constructed. Thus the district acquires the water at bare necessary cost. The land owner is not subject to annual exactions from those who deal out water as an article of mer- chandise, and is not subject to the liabil- ity of failure to gel it at all, in cpnse- i queuce of the failure of the seller to fill his contract. In other words, the land owner i by this plan owns the water, and sufficient water for the irrigation of his lands. Not only does he own it, but it becomes and is an appurtenance to his Jaud ns much as the air which he breathes or the sunlight which warms into life and fruition the products ot ihe soil. Which subserves the interests of the farmers best that system under which he usually buys water for irrigation of some private dealer, always to the latter s profit of course, and generally at a large profit, too, or that system under which at the bare necessary cost he acquires the indefeasible title to all the water he re- quires, and a tule, too, as enduring as the soil to which it becomes an appurtenance? A kindred subject at this time is the character of the security afforded by the bonds of a district formed under this law. To the intelligent business man who gives the subiect a full examination must come the conviction that so tar as the law of the case is concerned there is nothing further to be desired. The law of 1887 providing for the for- mation of districts has in three well con- sidered cases been declared to be constitu- tional in all its provisions. This question having been determined it necessarily follows that a district formed in accordance with its provisions is a valid municipal corporation possess- ing all the powers which the law by its terms confers. On of the chief powers conferred is the power to issue and sell bonds and apply the proceeds thereof to the construction of works. Then it follows, if the law be con- stitutional, that bonds issued by a dis- trict in accordance with its provisions are a valid promise o(' the district to pay. The lavy by its terms makes the bonds of a district a lien on all the lands in the district. But how shall >re know what is beyond question and beyond the power of im- peachment a valid district, and what aro valid bonds to the same unqualified de- gree ? The question has been answered in the most conclusive mariner. A statute, old in the principles involved, but of entirely new application, was enacted by the Legislature of 1889, pro- viding for the confirmation by the courts of the State of all proceedings had for the organization of a district and for the issu- ance of its bonds. This decree of confirmation when once had determines conclusively and forever the validity not only of the organization but also of the bonds of the district and of each and every step required by the statute to be taken in the premises. Construing the effect of this confirma- tion act, our Supreme Court has said that the decree of confirmation "is conclusive upon all the world." Expressed in popu- lar parlance, this means that at no time after the decree becomes final will any ob- | jection be heard by the courts to the i validity of the district or of its bonds. ! This confirmation act throws around irri- ! gation district bonds a safeguard never ! heretofore vouchsafed to municipal bonds | of any character in any State ot the Union. Ojt no other municipal bond in or out of California can it be said that the courts have decreed in advance of its being thrown ou the market that it is valid be- ^ yond the realm of question or impeach- ment. A county or city bond Is provided with no such safeguards against legal objec- tions. There is no means whatever pro- ' i vidtd for obtaining the decree of the courts that a county or city bond is valid i beyond further question. When the capitalist has appreciated the idea of a confirmed irrigation district bond it would seem that he ought to feel that there is but one further question to be answered, and that is, are the lands in the district of sufficient value to afford a safe security for the bonds issued? The question of value as an element of the security afforded by such bonds is the -j only one not fully answered by the decree of the courts. This the capitalist must l answer for himself precisely as he does in every case where he loans money on a mortgage. C. C. WEIGHT. J. R. A Brief Bat Emphatic Indorsement of the Law. I have examined the act of the Legisla- ture, approved March 7. 1887, the various acts amendatory thereof and supplemen- tary thereto, and the decisions of the Su- preme Court of this State touching the subject-matter of said act, and, as the re- sult of my examination, have satisfied myself that the Wright Act has been held to be a constitutional act by the courts of this State, and that bonds issued under provisions of said act and acts supplemen- tary thereto, have been held by the courts to be good and valid securities, provided the formalities required by said act in the organization of irrigation districts have been strictly complied with, and that the proceedings had upon the issuance of said bonds have been taken in strict compli- , ance with the said acts. {. I am of opinion that an intending pur- < chaser of bonds of these irrigation districts . would only have to satisfy himself, first, \ of the regularity of the proceedings, as j above indicated, and secondly, of the. value of the lands in the districts as com- ' pared with the burden of taxation im- j posed upon them by the bonds, and if, on ; examination, these questions were deter- mined in favor of any proposed series of bonds, that such bonds would then be a safe and valid security, I have examined the bonds of one or two districts organized under the Wright act, for clients intending to purchase the same, and upon satisfying myself, as above, of the regularity of proceedings, nave advised my clients that all they have to do Is to satis'y themselves of the value of the land embraced in the district. Of course the legislation of the session of 1891 " has not been" passed upon by the court \ and this opinion covers bonds 'issued up to j the end of the year 1890. Yours very truly, JNO. II. JABBOE. .; BUSINESS MEN. THEY SAY IEKIGATION BONDS ABE SECURE. Many Haye Bought Large Amounts of the Stock and Consider the Security Ample. The business men of San Francisco ex- press the fullest confidence in the irriga- tion bonds issued under the provisions of the Wrignt oui. msi-y nave bought a large number of the bonds, and are per- fectly satisfied with them. The judg- ment of the business men of this city is founded upon deep insight into the financial affairs of the State, and where so many of them express the ut- most confidence in a certain class of in- vestments the experience of the past i proves that this confidence is well j lounded. In the succeeding interviews I will be found expressions of opinion from j many of the most prominent business men in the city: James G. Fair, 230 Montgomery street: " 1 have not myself looked into the matter of the security of irrigation bonds, neither have my attorneys, consequently I cannot give a decided opinion. On general prin- ciples, however, I should say they were good. If a district is legally organized, if the land is fertile and productive, if the bonded indebtedness does not exceed the value of the land, then I should sav irri- gation bonds are a good investment, and something that I would like to take hold of myself* The security offered is Cali- fornia land as good security as can be found anywhere a security that cannot burn up or be destroyed, and whose value is always increasing. The interest paid, 6 per cent, is large enough to attract capi- tal, andl see no reason in the world why the bonds should not meet with a ready sale. If the districts would individually have their bonds passed upon by some competent lawyer and engineer it would remove the only obstacle that I can see in the way of their becoming great favor- ites with investors." Captain W. L.. Merry of Merry, Faull & Co., 125 CaUiofnia street: "I was a member of the Chamber of Commerce committee which recommended bonds is- sued under the Wright irrigation law. was in favor of the bonds then, and th more I study the matter the more strong]., am 1 impressed that they are good invest- ments. If a mortgage on a ranch is good security then these bonds, secured as they I are by a, first lien on the same ranch, are i even better secured than is the mortgage, i If a farmer won't or cannot pay his taxes ' tnen Ins land is sold and "the proceeds go, first, toward the payment of his taxes, in which is included the irrigating tax; and secondly, what is left over goes to- ward the payment of his mortgage, if he has any standing against him. Xhe Su- preme Court has repeatedly said the bonds are valid, legal, and are well secured. I don't see what better security a man could ask for his money." W. T. Y. Schenck, 222 Market street: "You ask me if I think the bonds issued under the provisions of the Wright Irri- gation bill are Je^al, and are well secured. Of course they are. I do not see how any man who wants to invest money, espe- cially a large amount, can ask for a better investment. In the first place, the bonds bring 6 per cent interest, which is more than can be obtained generally in Europe or the East. In the second place, the bond.* are perfectly secured by a first lien on the lands they cover. In 'the n,ext place, they have been tested again and again in the Supreme Court, and the de- cision, every time, has been in their You can quote . me as saying tnat I believe heartily in irrigation bonds, and consider them perfectly sate." Lt, Li. Baker of Baker & Hamilton: "You ask my opinion of irrigation bonds. My answer is, 'The bonds are velvet.' I don't know where a man can put his money and have it better secured. It is a '^ tter investment than real estate, for the solids are a first lien on the lands they cover and are preferred to a first mort- gage. Besides that, the minute you put water on a man's land you increase its value and productiveness. If the land was good for the cost of putting water on it before irrigation, then certainly it is better security than ever for the bonds after the water has been secured." A. W. Hu ggins of A. 1. Hall & Son, 530 Market street: "I have not made as thorougu a study of the question of the value of irrigation as some have, but I have gone into the matter sufficiently to come to the conclusion that these bonds oiler first-class opportunities for invest- ments. They are well secured and the Wright law has stood all leg il tests." J. C. Johnson, 400 Market street: "There is no doubt in my mind about the validity of the bonds. I believe the security offered is 'gilt edged.' Take, for instance, a district of 156,000 acres one that I know of. Its assessed value as figured up in the Assessor's books is nearly $3,000,000, Its real value, or sell- ; ing price, is $5,000,000 without water. ' This district issues irrigation bonds to the amount of $750,000. Now, will any man say that $5,000, 000 isn't a proper security tor $750,000? A man that won't accept that as security wouldn't loan a four-bit piece on the State ot California. Besides that, if the value of the land in the dis- trict was $5,000,000 without water, does not its value increase as soon as water ia put upon it? Of course it does, and that makes the bonds still further secured." O. O. Hooker, of Truman,- Hooker & Co., 421 Market street: -'As regards the ir- rigation bonds issued by irrigating dis- tricts, 1 consider them first-class and that there can be no question as to the value of the security offered. As I understand the matter ihe bonds constitute a first lien on the land, that Is they are preferred even to a first-class mortgage. Now a mortgage is generally considered good security. But in the case of the bonds the security is even better." Isador Jacobs, of the A. Lusk Can- ning Co. : "I was chairman of the Cham- ber of Commerce committee which passed on the worth of the bonds issued under the provisions of the Wright law. I believe that these bonds are amply secured; in fact I consider them better than bonds of the city and county of San Francisco, and in tnis belief I am sup- ported by the recent decisions of the Supreme Court. These decisions prove that the action of the State Legislature which pussed the Wright bill was legal and constitutional, and that the legal conditions were fully complied with. The irrigation bonds are as strong as any bonds offered on the market, not excepting even the bonds of the State of California. These bonds are secured by a first lien on the land within the irrigated district, and that means that thev aro better secured than are notes whicn are secured by a first mortgage on real estate. I do not believe there can be any question as to the bonds being well and perfectly secured." C. J. Wetmore of the State Viti cultural Commission: "I am very glad to see the bonds issued by different irrigation dis- tricts rapidly coming'to the front in point f popular fuvor. I believe the bonds are gilt edged and that they rest on velvet se- curity. They are indorsed, not only by the Legislature, but by the highest State tribunals. The best financiers in the city have purchased the bonds, and say that as an investment they cannot be sur- passed." O. P. Willey, carriage manufacturer, 317 Montgomery street: "I do not know very much concerning irrigation bonds. They are out of my line, and I haven't got enough land in the irrigating sections to make HIG study the matter up. But I have talked with many men who have examined into the matter, and they unite in saying the bonds are well secured, and will, by putting water on the land., oe of vast benefit to the country. Whftfc I do know about the bonds leads" me to believe j they are perfectly sate and warrant the careful attention of investors." 11. H. Pease, of the Goodyear Eubber Company: "I consider the irrisation I bonds to" be a good and safe investment. They pay an interest ot'G per cent, which is as good a tiling in the way of a large in- vestment as can be asked lor. Then they are sale because they are secured by the fact that they are a first lien on the land. I believe that investors should be en- couraged to take up the bonds." A. I. Church, of Dolliver & Brothers, 573 Market street: "I have not made the careful examination which would war- rant my making an unconditional state- i merit as' to the worth of irrigation bonds; i but of this I am certain, viz: That if the j bonds are legal, if their amount is not in i excess of the value of the lands, then they ' must be as good an investment is a man j could make. Those who have examined i into the matter tell me the bonds are well i secured, and what little I know about them leads me to the same conclusion." P. W.Marvin, of the Williams-Marvin Company, 5U9 MarKet street: "1 have property in the southern portion of the State, adjoining tha Aiessandro irrigation district. My attention has thus been | I called to the matter of the value of the > I bonds, and I have examined very thor- ; J oughly the different systems presented. I 1 urn convinced that if "the legal provisions j of the Wright Irrigation bill are legally 1 coniormed to (and there should be no rea- son for anything otherwise) then the bonds I are legal, valid, and rest on unquestiona- ble security. 1 know of no better invest- ' nieiu that could be made." . W. H. Peckham, agent of the San 'Jose Woolen Mills, 541 Market street: "I confess I do not Know as much as I ought i; to about this matter of the irrigation bonds, and consequently I can only give a conditional opinion as to their merits. But if the bonds are legal, as I understand urts say they are, and if the Wright irrigation bill is legal, as 1 believe is un- then the bonds rest on ample Jfrrp Of Poao district. security, and ought to satisfy any capital- ist who is seeking a good investment.' 1 Philip Lippitt of Lyons, Lippitt & Co., 417 Market street: "As 1 understand it the bonds constitute a first Jien on the i property, and are preferred to all other liens. This being the case, I cannot see any reason why the security is not per- ! fectly ample and satisfactory, and why the attention of investors should not be attracted toward the purchase of irriga- tion bonds issued under the provisions of the Wright law." W. F. Bowers, 409 Market street: ' " If the value* of the land included in an irrigation district are correct, and if these | values exceed in a certain degree the amount of the bonds which constitute a lien upon the land, then I can see no rea- son why the bonds do not rest on gilt- edged security, and why they should not meet with a ready sale.''" E. M. Root of Root & Sanderson: "I consider the bonds amply secured. You take land that is of fair quality, in any valley of the State, and it can well afford to go into debt to secure water for irriga- tion purposes, and the land is good se- ; curity for the debt thus incurred. If the bonds are secured by a first lien on the land, then I can sea no question but the security is ample." O. B. Culver, manager for Le Count Brothers: " The bonds seem to me to be well secured, and as they pay a good per- cent on the capital invested, I see no rea- son why they should not be promptly taken up and prove a popular as well as sate investment." N. T. Roniaine, manager ol I. S. Van Winkle & Co., 415 Market street: "I be- lieve that when the legal conditions are complied with and the land covered by the bonds is of fair quality, the bonds are abundantly secured. I see no reason why any one seeking investment for capital, large or small, snouia object to taking hold of the irrigation bonds." W. W. Montague of 309 Market street: "1 am greatly interested in irrigation matters as associated with the workings of the Wright irrigation law. I believe the law to be perfectly constitutional, and the bonds issued by means of it to be per- fectly secure. Lands in many portions of the State are almost entirely unproduc- tive without water, but with water they make the desert places to bloom and blos- som. This water can only be obtained by irrigation, and the best way to secure irri- gation is by means of the Wright bill." I. H. Morse, of the King-Morse Can- ning Company: "I am thorouchlv and heartily in favor of any movement which will aid in the development of the State and in increased immigration. I believe that the provisions of the Wright bill will accomplish a vast deal toward this end, especially as the bill rests on constitu- tional-grounds, and has been pronounced upon favorably by the highest judicial tribunals. The irrigation bonds seem to me to be perfectly sound, legal and valid in every particular." Cliailes Holbroofe, of Holbrook* Merrill & Stetson: "If, as I understand, the irrigation bonds constitute a first lien on the lands upon which they are issued, then there can be but little question as to their security, or the wisdom of those who purchase them as an investment. The land certainly is worth more than the face of the bonds, and the value of the land in- creases as soon as water is carried to it." James Irfnforth, 37 Market street: ''1 am perfectly satisfied the bonds are constitutional and well secured, provided the preliminary work of organizing the district, making surveys, issuing bonds, etc., -has been carefully and legally at- tended to. If these preliminaries are all right, then the bonds as an investment cannot be surpassed. 1 would not object s myself." j anc t security oi irrigation bonds. 1 con- Porter, ^Slessinger & Co., 7 Battery sider ihern rirst-cla-is in every particular, reet: " Wfe havo l,dopt the methods incorporated in the Wright bill and to issue bonds, the sale oi J which supplies the means for building reservoirs, canals, etc. These bonds are amply secured bv the land irrigated, and H this security increases with the constantly :| increasing value of the land. I consider ' the bonds a good^and safe investment, and they will soon attract the attention of Eastern and foreign capitalists." , H. S. Crocker of H. S. Crocker & Co., 215 Bush street : " I consider the bonds a perfectly safe investment. They are se- cured by the land, which cannot burn up, run away, be stolen, or in any way be de- stroyed. Its value is constantly increas- ing/especially if water for irrigating pur- j poses be placed upon it. Land worth now i $15 an acre will probably never be worth less than now. I cannot see how any man looking for investment could ask for any- thing better." J. R. Hehbron, member of State Board of Equalization: "In traveling over the State I have made many inquiries as to the way people regard the Wright irriga- tion law, and as to the value of the bonds issued by means of it, and I find every- where people expressing the greatest con- fidence in the law and in the bonds. The Wright law is constitutional and the bonds will pass muster anywhere." E. Dewitt, director in the Tulare Irri- gation District: "The longer I am con- nected with thesa irrigating enterprises and the better I become acquainted with the Wright irrigation law -the more am I satisfied that the law will accomplish wonderful results for California, and that the investments offered by irrigation bonds will grow in favor. The land is ample security for the bonds when they are first offered, even before water is brought in. After water is obtained the bonds are secure for many times their : original value. There is no trouble in collecting the assessments for the payment I of the interest or the principal." Thomas Flint of San* Juan, San Bentto county, Gal. : "I believe in the Wright act, especially for the districts where the land-owners of themselves are unable, through lacK of means, to bring in the water. If the provisions of the Wright act are legally carried out; if the water is actually placed on the land and the resources of the district properly de- veloped, then there can be not the least question but that the bonds will be umply secured, and will meet with a ready sale." General W. H. Dimond, Superin- tendent of the United States Mint: "I have looked into the matter of bonds issued under the provisions ol the Wright . law to the extent of believing they are amply secured, and that their sale should ' be encouraeed. They are as secure, to my mind, as are the city gas and water stocks, the value and stability of which are unquestionable." W. B. Wellman, of Wellman, Peck & Co.: "1 cannot see where there is any room for question as to the security of the bonds. They are a first lien on the land, and the courts say the Wright law and its provisions are constitutional. This being so, if the irrigating districts are properly and legally organized, then the bonds are secured by land the value of which must be many times greater than the amount of the bonds." George T. Hawley, of Hawiey Bros,' Hardware Company : "In a general bus- iness way, I should say the bonds are well secured. Of course a man wants to be sure the general legal requirements are complied with, and that the land is worth the amount of the bonds. On general principles I am convinced the irrigation bonds, as issued under the Wright l&w, are perfectly good and the security ample." A. B. Spreckels, of J. D. Spreckels & Bros: "I believe the bonds are good and ; are well secured. The land certainly i ought to be worth the amount of the ' bonds, and the interest paid, 6 per cent., ought to attract to the bonds the atten- tion of outside capital. The investment seems to me to be in every respect a good one, and worthy of the confidence of the business community." Brown & Adams, 409 Battery street: " If the land is_got;d and the legal require- ments of the Wrignt Irrigation bill are complied with, then the bonds are un- queHtionaMy good." H. Li. Whipple of Murphy, Grant & Co. : "If 1 had money to invest where I wanted it sale and bringing in a fair rate of interest I would not want anything better than the irrigation bonds. Oalifor- ; nia land is worth a great deal and will j continue to increase in value, especially ! when you get water upon it, Conse- quently if land which is included in an irrigation district is worth anything at dll before water is obtained, after jis irri- gated its value is greatly increased and the bonds become doubly secured." S. W. Welcli of Cunningham, Curtiss & Welch, corner of Sansome 'and Sacra- mento streets: "1 understand the bonds are secured by a first lien on the land, and that this lien is preferred to all other in- cumbrances. That being the case there can be no doubt but the security is ample, and when the high rate of interest they carry is taken into consideration the bonds ought to meet with a ready sale and be re- garded as a first-class investment." E. Simon of 17 Battery street: ''I have had the best attorneys in the city look into tne matter of the Wright irrigation law, and they have pronounced it legul in every particular. The bonds issued un- der this law I believe to be amply se- cured by the iand which they cover. They are a first lien on the laud and a constant lien. The land id always responsible and money ootan by the sale ot the bonds is always good lor me bonds, wmcn run twenty years and pay interest at the rate !>er cent." M. Samuel of the Pacific Jewelry Com- pany, 19 Battery street: "Of course, I be- lieve in irrigation bonds, and 1 believe ia them to that extent that I invested in. $4500 worth of them, which makes me. a nolder of about $50,000 of this collateral. 1 looked into the matter myself and had mu ch the Wright irrigation law is doing the best attorneys in the city do the same, am t w m do for California, Bonds issued i with the result of being absolutely con- 1 by the irrigationists I believe to be per- i vinced as to their worth and reliability."! ie ct iy good, equal, so far as security ia (Charles Flammer of Samuel More g ; 2 Bausome street: " I believe the of irrigating large bodies of land whiciiv imRatim bonds are secure, and I believe i* immediately begin to increase theiy ( t(J be the duty of tue business men of this products and enhance in value.' C. E. Whitney ot C. E. Whitney the provision, of ,i. Wr 1(? ,,l provisions the boi'ula have Keen legally In II whfte ^ 8tt | d under lhis bi u, !imt the validity I gauon generally As a rule, I believe water* . , b d d enils upoll three cond r_ ' can be put upon land in tne c^upest way t F irst -I, the Wright bill constitu- by the inhabitants of the district tormin* .}{/ 8ec O n,l-C,n alfthe laud in the themselves into an irrigating district un-,^ ^ ~ b irriau . d? Third-Is the I der the provisions of .the .Wright ; i aw , a^i ain ouiu of the bonds to u sutiuuent de- issuing bonds for the amount necessary t< I greeless than th value ot the land in- secure proper irrigation facilities. Those t clu(led Wlt h m the di.-strict? If these three bonds are a firs!; lien on the land, pay b j; ques tioas can ail be aziswe ed in the per cent interest, and to my mind are a ., lnrlmiUVQ by any district, then the perfectly secure investment in fact, taey | |. onds o ( that district oucht to be areas secure as any investment can c, p% >er f ec tiy good and well Hectired. Per- as the lantl bclore irrigating is ^' or n ! Anally 1 have the greatest faith in more than the amount of the oonds is- | tue - onnds O f several districts which iued, and its value keops steadily increaa- ? j rlve a i re ady been tested in the courts, aiui ing after water has been applied. , (tne Jand ot wn i c i, 1S tar in excels ot tlu- J. A. Folder of J. A. Folger & Co. : " f t amount of bonJs issued against it. 1 con- consiuor the security of tho bonds issued > e i der the bonds as iir;st-class in every re- \mder the Wright Irrigation law as ample. ; g,pt-ct, and see no reason why they sliould Tho boiada should moyt With a ready sale, Jl0 t become po]mlar among men who de- es they run twenty ye/xrs, bear per cent ' 8 } re t o make long loans at a good rate per interest, which is paid scmi-aanually, and cen t. lire in favor witn local capitalists and p. N. Ijilientha!, cashier of the Anglo- business men." Haiitbrnia Bank: "i have examined with Louis A. Game It, capitalist, 35 Essex Btreet: "I cannot say that I have made a thorough examination of the irrigation land question, bnt I nm satisfied that it all the conditions arc fulfilled the bonds are a lirst-clasa investment If a district is organized strictly according to law, it considerable care into the merits of the . "\Vright bill, and also of the bonds issued ' xmd y r that bill. I am greatly in favor ot bonds ajid think they are a secure and s;l j e investment. There is no reason to doubt the legality of a ilistrict organized under the provision.; of the Wriglu bill Htld if t} ie bony IrHgat.on, then 1 that its productiveness is increaseod hind in . OaliJornia, \vluch irn^atjou ' %V|1JL rQ:?uU itl icrejii!g tiie population and productions of the State. That ine-ins tivUy ia. ;; ,l >^* ' ^ FaANCISCO) May 10 &q. t pr>:^d : -:nt &DI F . DKAR&R: An .-- terry Ua?d- > r.-o,/-,;,^ EX.- vUj'i cw Great Confldenc. ,n , h . tervic., with and ,.t- ters from the omcials ot the leading bank- ing institutions of the State prove most conclusively how high is the estimation in which they hold th. irrigation bonds. The bankers whose individual opinions [ "district irfigatioii bonds," mid 1 are here given are not confined to locali- ties whose present prosperity is due to the direct effects of irrigation, but belong as i i, : .iuuui mubrt-miuiin;,' ant w*ll to place, where irrisatio,, i, yot com- | *--- paratively untried. Ihe bankers ot bao U C tful-tiu /ormnlticiii^tsom plan ofharmouious Fianclsco nre particularly outspoken in i.iou on tU pan ut ail goirt ; eriivd It will KO b ' there has boon no ony: locui buttk* nndi among | i investors Mere KH.I abi n.-.-t i.-laee.the !ac-r th.-it R Supreme 'iod-.rn fi.ppgxVs 10 ho nee -x-^ry iu tucu ds toe uninitiated lo beiievi- i;u ia.jiv i:-, :>orai; djivct in this huv requirinsr itiva remedy, and. uiui. sacm time us one :i \v.\!i s'.i Ijou .or all disiric.-i.s certain on as nr sure to Da unm-orAi^y t;ff-ctd and nivi.nately uiLet on the negotiation of all punas ui th:s oiuuucter. ihis diilicalry overcome, it would add to the (iK-eof ijitcnduiglivesU>r>ttaStttet.oard ;rol w::o.iu lUiiant-;- o ul'jction could be o; a. naU:rd t > divert U of t>vcrv possible politi- ;;;inix^d, wlta full powers to vvithiu uu- law tne lunnojous and vari- ous, uiAVreiice* existing union.* cm.' residents tit an.v particular die- trie u Thi/ir power would t'ntoiieally make taem ;i gonu-r-i court of arDl- inition, nr.d when upou proper application, in tiit'lr opinion, districts .--hoald ue organised ar.d bonds issued, the more fac.t of their recoin- i:..;:*** tinder the foregoius conditions we believe Hot only the sviiis bunks of th's city who are enlarging the scope of their outstanding^ Avould come in us free lortiiers on, if not pur- chase-is uf, tins cias;i of securities but the com- mercial bunks would d-scjist in tlie placing of these bonds with E -ihtern aiid foreign inves- tors, who arc only waiting lor 6t5C!r iadorae- m--nt ns we could give them to freely put their funds into ,he:-u. Yours *iuc H. Waclsworth, treasurer of Wells, & Go's Bank: "I cannot aaj that I have given the matter of irrir bonds issue 1 !>y the several districts the .careful attention that tiie importance of the caS'5 demumiH. Bur I kr.o\v that the Supreme Court has tested the matter in several important cases, and that in over)' instance the bonus have stood the legal test. Tliis fact, in connection with the fact that the bonds are a first lien on the land, ought to stamp them a? being per- fectly secure; as secure as any other bonds now on the market. The interest paid is 6 per cent, which ought to be" satis- factory." W. F. Goad, attorney-at-law and director of Wells, Fargo & Go's Bank: "1 am heartily in favor of irrigation and irri- gation bonds. I have been a resident of this State for manv year* and I realize how great a benefit water is to a thirsty soil. Irrigation more than doubled the productive power of tho land. It is good not only for tha growth of orchards c.nd vineyards, but also can be used most ad- vantageously ior cereals, alfalfa and tlio like, irrigation can bo secured either by private capital or by the formation of irri- gation districts. The lormer method, however, as a rule is more costly to the farmer than if he owned a snare in'an irri- gating system, such as is practically the case in districts formed uniler the Wright act. I have had considerable to do. with these districts and have been associated with the leading attorneys of this city in the endeavor to oppose the formation of certain districts, and to prove the ille- gality and unconstitutionally of the Wright bill. These legal contests have been very thorough and" hard fought, and have gone over the trround from the time the first petition of the irrigiUionlsts was brought forward to the time the bon :s were issued. We tried hard to find a flaw, but were unable to p good, in fact, that I purchased at one time bonds to t-he amount of $100,000, and at another to the amount of $00,000. That it evidence that I have faith in the bonds and believe that they are safe and are amply secured." F. G. Murphy, president of First Na- tional Bank: "it would be difficult to find in the State a more enthusiastic be- liever than myself in the benefits resulting from irrigation. Abundance of water means abundance of crops, of money, ot population. Scarcity oi water means un- certainty ot crops, little money and n scattered population. The best " method ot obtaining water lor irrigation purposes seoms to be through the provisions of the Wright bill, which has been pronounced constitutional by the beat legal authorities ai the State. A to tlu> bonds issued under the provisions of the Wright bill, if a dist'-ict has conformed to ah the legal requirements of the bill in the various \ steps of its organization, if the bonds have been issued in conformity to law, and if the value of the land is a proper equiva- lent to the amount of the bonds issued, then the bonds ought to be good as an in- vestment, and ought to meet with a ready * sale." Kujfene Meyer, manager of the Lon- don, 1'ari.-. and American Bank: "I cou- -ider irrigation bonds to be good, from a financial standpoint. Take 'lor example] an irrigation district that tue courts have decided to be legally organized,!!) conform- ity to the Wright bill, whose bonds are less than the value of the laud and have been legally issued. These bonds are a first . lien on the land, und as such ought to be amply secured. I should consider such iionds to be a sale investment, and I think they will grow rapidly into public lavor. Tilts (security is increased in pro- portion to the amount of water that is in- is periectly secured by the land covered Dy the bonds, which are a first lien on the iand. TJiis land is constantly increasing in productiveness and alao in population", which facts increase the security of tlie bonds. As a banker in a district where irrigation is practiced extensively I have no hesitation in stating the bonds in my opinion are perfectly secured." N. I). Hideout, president of the Lon- , don and San Francisco Bank: "As a troduced into the district for irrigation | banker i feel somewhat delicate in ex- purposes, and in proportion to the conse- |! pressing an opinion as to the value of quent increased productiveness ot the . securities. I am inclined, however, very land." lavorabiy toward the irrigation bonds, James S. HutcMnsoTi, manager of j ana believe that generally they rest on a ihe Suthet JJuniung Company: "in ro- j sound financial basis. In investing in gard to the irrigation bonds which are at- ', irrigation bonds the intending purchaser tracting such increased attention lately, I ^'should use the same methods he employs think the bonds uutdit not to be passed in ail other investments, such as real upon or considered as a whole, but that tlie bonds 01 each district should be ex- amined apart from all other districts, and that the worth ol the bonds ot any one district depends upon whether or not said district in its organization and issuance of bonds has complied with all legal re- quirements, and whether the value oi the land in tho district is equal to or in ex- ce?a of the amount of the bonds, which are a first lien upon the land. If a. dis- rict can stand thcus legal and financial ;eais than its bonds ought to be as good as any bonds that can be placed upon the Gustav Sutro of Sutro & Co., bankers, Jut-* -Montgomery street : "i consider irri- gation bonds good. They have been lasted in i he Supreme Court and have been pronounced leg '1 at. least some of them have. They are issued by -districts which have certain legal requirements to comply \vith, and when this has been done, and when a due proportion exists between the Amount of the uond:< and the value of tlie land, then 1 see no reason for doubting in the least the security of the bonds." J. F. Bigelow, vice-president of the Novaua Bank: ''Irrigation bonds are similar to other .bonds, such, for example, as bonds issued by our various local street e.ir and cable corporations. Some of i hose bonds rank higher than others and estate, for example. Because some real estate investments are good it does not naturally follow that all are equally aood. So with irrigation bonds. There are three conditions which must bo fulfilled in or- der that irrigation bonds be above ques- tion. First, the Wrigat law must (as I thinK it i*) be constitutional ; second, the organization of the irrigation districtmust be legally effected, and all conditions com- plied with; third, the vP.lue of the land mast be sufficient to cover the amount of the bonds issued. These three conditions j being fulfilled, t-hero is no reason why the j bonds are not amply secured, and are not on a par with bonds that are MOW in great demand among investors." F. P. Morrison, president First Na- tional Bank ol iiedlands: "I consider ir- rigation bonds a good and sale investment When they meet the requirements of the Wright law as to organization of the dis- trict and issuance of the bonds, which wouid include the confirmation proceed- ings under the act of 1889, and when the land is ample security for the amount to be bonded. The ability to meet interest promptly should be considered. Tho courts have declared the machinery good, and the above tests are only those that are applied to bonds in general. Irrigation is )f uow a most important factor in quicken- (1 ! ing thy development and growth of Caii- i .re in greater demand as an investment, j forma, and, consequently, tho interests ot So it is'oi the bond* of the various irriga- its bankers and capitalists. They, there- rriga uon districts. When the bends of any lislrict have been passed upon favorably by competent attorneys, when ' engineers say the system of irrigation is all that is required, when experienced appraisers pronou'nce the value of tho iand to be far in excess of that of the bonds, then it is sate to say ihero is no reason ior distrusting the u.mcls, and tho security seems to be ample." A. K. Cr a vft tli, a prominent banker at Escondido, Gal.: " The Wright Irrigation oil! is doing a vast amount oi good for California, and the benefits resulting from it will be constantly increasing. By means ot this bill capitalists are induced to invest i heir money in enterprises which develop the State, "and which transform barren fields and deserts into orchards, waving holds of grain and veritable garden spots. Every\yhere in Southern California you aee evidences oi' this. The money thus invested is not only a benefit to the local- ity where it is expended, but also yields a good return in ititftF0Bt.&i& investor, \yho iorc, should give- these courage meat in their bonds power every eu- where the conditions nbove referred* to are satisfied.' O. McHenry, president First National Bunk of Modesto: ''I have examined the ; Wright Irrigation law, and am familiar i with the issuance of bonds under it ? to- gether with the great enhancement of val- ues of land provided with irrigation facili- ties. I arn of the opinion that when the terms of said law are properly complied with such bonds form one of the very best securities iOr permanent investment. There in absolute security for the payment of interest and for the redemption of the bonds when they shall have reached ma- turity, and 1 recommend them to all seeking long-term investments for trust and other funds." E. O. Dyer, cw.sb.ier Riverside Banking Company: "We consider 'irrigation bonds,' issued under the 'Wright act,' and in strict compliance with the irrigation laws of the State, a good and sate invest- ment, but would recommend to investors j thorough investigation in regard to the j value and quality of lands they were 10 cover, as weil as the means ot obtaining an ample supply of water. In districts where those conditions are favorable the bonds cannot bo otherwise than a good 5tt^-"tment, and we know of no better se- curity." A. Ij. Crcssey, president Modesto Bank: "1 have examined the Wright irrigation law and am familiar with the method of the issuance of bonds under it. together with the great enhancement of values of land provided with irrigation facilities. I am ot the opinion that when the terms of the law arc properly com- plied with such bonds form One of the very best securities for permanent invest- ment. There is absolute security for the payment of interest and for Iho redemp- tion of the bonds when they shall have reached maturity, and we recommend them to ail seeking long-term investments lor trust and other funds." A. H. Naftzger, president First Na- tional Bank oi liiverside: "In reply to your request for our views regarding irri- gation district bonds issued under the provisions of the Wright act, I beg to say that we consider tlu'-se bonds very desira- ble to those wishing to make investments not to be disturbed for a long term of years. Usually such beads are issued cov- ering lands nearly or quite without im- provements. Tnis be' ing the case it fol- lows that if the land be capable of devel- opment and the water supply undoubted ' the rrrirgin of security for the bopds must \ rapidly and greatly increase. Care should be exercised touching the legality of the issue, quality of land, supply of water, in short, the same care and scrutiny that a conservative investor would bring to the investigation of any other class of securities. In these particulars each dis- trict must make its own showing. 1 might say that we know more about the East Riverside Irrigation District than any other, it being near us. The land in this district is of a superior quality, loca- tion the best, and with the other condi- tions properly met, we can unhesitatingly recommend these bonds as amply se- cured." W. F. Baird, vice-president Bank of Ma- dera : "I have examined the Wright irriga- tion law and am familiar with the method of the issuance of bonds under it, together with the great enhancement of values of lands provided with irrigation facilities. I am of the opinion tnat, when the terms of that law are properly complied with, such bonds form one of the very best se- j cunties for permanent investment. There j la absolute security for the payment of in- tere.st and for the redemption of the bonds i when they shall have reached maturity, i and 1 recommend them to all seeking : long term investments for trust an.d other ; funds." J. A. Strout, president Bank of Selma: "I have examined the Vv 7 right irrigation law and am familiar with the method ot the issuance of bonds under it, together with the grent enhancement of values of lands provided with irrigation facilities. I am oi the opinion that when the- terms of that law are properly complied with such bonds form one of the very best se- curities for permanent investment. There is an absolute security for the payment of interest and lor uie redemption of IQ5~) bonds when they shall have reached ma- j turit-y, and I recommend them to all seek- \ ing long-term investments for trust and ' other funds." E. Jjathrop, president of the Bank of ' Tuiare: "I have examined the Wright ir- rigation law and am familiar with the method of the issuance of bonds under it, together with the great enhancement of values of lands provided with irrigation facilities. 1 am of the opinion that, when the terms of that law are properly com- plied with, such bonds form one of the very best, securities for permanent invest- ment. There is an absolute security for the payment of interest and lor the re- demption of the bonds when they shall have reached maturity, and 1 recommend them to all seeking long-term investments for trust and other funds." D. W. Madden, president Tuiare County Bank: "I have examined the Wright irrigation law, and am familiar with the method of the issuance of bonds under it, together with the great enhance- ment of values of lands provided with irrigation facilities. 1 am of the opinion that when the terms of that law are prop- erly complied with such bonds are of the very best securities for permanent invest- ment. There ia absolute security lor tho payment of interest and for the redemp- tion of the bonds when they shall have reached maturity, and we recommend them to all seeking long-term investments for trust and other funds." Following are extracts from letters ; written at the request of L. M. Holt, editor of the Alessandro Orange Belt, who has taken an active interest in promoting public education upon the desirability ot irrigation bonds as an investment: Ed II. Hamilton, cashier of Sacra- mento Bank, fciaennuento, Cal. : "When the water supply is amply sufficient, and the ia\v has been strictly complied with, and the value of the property in tho dis- trict is sufficient to make the bonds #ood, we consider said irrigation bonds a fine investment, as the security will be gradu- ally increasing in value for many years to come." A. Montpelier, cashier and manager of Grangers' Bank, ban Francisco: "Wo would say that, the legality of irrigation bonds once established, their value de- pends mainly upon the manner in which the undertaking is carried out; that is, upon the relation the amount expended bears to the results accomplished. Where this is satisfactory the bonds cannot be otherwise than a good investment." Ijovcll White, cashier of the San , Francisco Savings Union: "We think that some few of the districts of the Stute are speculative in character, organized by persons oversanguineof results, and that there are others where lack of water or difficulty of distribution will forbid suc- cess. Discriminating a^lnst objectionable districts we believe that "irrigation bonds." so called, constitute desirable in- vestments and are a sufo voeurity fo loans by moneyed men and institution. So soon as irrigation bonds of any pal ticular district can be s ud to be re'adil .saleable in the market thev will, wit compote with other securities when we have- money to invest or to loan." E. J. Lie Breton, president of the i French Savings and Loan Society, San Francisco: <; I am in u measure familiar with the Wright act and the issuance of irrigation district bonds under it. As a principle I see no good reason why such bonds should not be a good investment, provided the law has been strictly com- plied with, and provided the bonds issued represent a conservative fractional propor- tion of the value of the lands securing theni. What the percentage of the pro- portion should be would depend on many circumstances, and it would hardly be i prudent to lay down a fixed ratio. "The S business ability and integrity of the com- i missioners are'eloments to be considered. Savings banks, when they buy bonds have always to consider the readiness with which their holdings can be con- verted into cash. Until irrigation dis- trict bonds nre generally known and introduced, and as a res'ult find ready sale, I would hardly consider them a desirable investment for savings insti- tutions; they are a new class of securities, and can hardly be expected to sell on a 6 per rent basis." William E. McConnell of the Santa Rosa Bank: "Sonoma county lands do not require irrigation, hence We have had little to do with tno irrigation law and have had no occasion to investigate the matter, and are not sufficiently posted to give an opinion. The lands in the irriga- tion district I know to be valuable, and when reclaimed will, in my judgment, be first-class security for the bonds." J. E. Ward, cashier of the First Na- tional Bank of Modesto, Ca!. : "We con- sider irrigation bonds a good investment." A. C. Henry, California Bank and Trust Company, Oakland, CaK:' "Gener- ally speaking I would consider irrigation bonds to be perfectly good, but before pur- chasing anj^particular bond I would care- fully investigate the proceedings in its issuance." A. Li. Lincoln, cashier First National ': Bank of Santa Barbara: "It appears from the report on the subject of a commit- tee of the Chamber of Commerce that if the districts are properly organized and all proceedings technically correct, the bonds afford the very best security for investments." J. A. Green, President State Bank of San Jacinto: "In relation to the value of irrigation bonds will say that since the courts have settled the legal status of the bonds there can be no further question except oi secuntj r . I have given the mat- ter considerable attention, and in my judgment the security is good, from the fact that the issue of bonds usually does not exceed the value of dry lands, which is low compared to well watered lands that enable owners to raise the more valuable fruits and alfalfa." Frank C. Bolt, vice-president of San Gabriel Valley Bank, Pasadena: "1 think, when legally issued, the irrigation bonds first-class security." Norman Hideout, vice-president of Hideout Bank, Marysville, Cal. : "Local capitalists have not up to the present time shown any great eagerness to take these bonds, and those that have been sold have mostly gone to foreign investors, but now that the Supreme Court has sus- tained the Wright law and attention is being drawn to the value of , these bonds I am satisfied that 1 they are aoing to be more sought for by investors in thia State. It seems tome that where the value of the lands in the district is ample nnd the proceedings and organization cor- rect, the character of the bonds should j be beyond question. Irrigation bonds in I the next year lire going to have better value, and it is safe to sny that bonds of good districts purchased at any price from 90 to 95 cents will prove profitable invest- ments." R. B. Murdock, director and cashier Bank of Orland: " The lands in the Kralt and Orland Southside Irrigation districts are good security lor the amounts for j which they are offered as security. When 1 the water is placed on these lands they will no doubt double in value in one year's time." W. D. Woolwine, cashier of the First National Bank of Sail Diego: "Be- lieving, as 1 do, that water is a prime fac- tor in the value and utility of California land, and knowing that with good land (of which there is an abundance) and am- ple water, well directed effort in the culti- vation of the soil is sure of profitable re- turn, it is my opinion that irrigation bondst, are sure to prove both ft safe and a profit- able investment. This, ot course, pre- supposes that the investor will look to the : details of the issuance of the bonds, the quality and quantity of the land to be irrigated, and the abundance and perma- nence of the water supply." KKAI, ESTATE DEALERS. They Spoalt Highly of Irrigation Bunds. San Francisco real estate dealers are counted as the most shrewd and far- sighted men in the State when it comes to placing values on land or making in- vestments which are secured by land, either in city or country. The leading firms in this city have been interviewed in regard to their opinions of the value of irrigation bonds, and they concur in the most emphatic expressions of confidence as to the security of these investments. ! They say that the floating of Jie bonds I means increased irrigation ; that will re- sult in increasing the value and product- iveness of California land all over the ; State. This in turn will result in increas- ing the business and prosperity of all our ;owns and cities. Wendell Easton of Easton, Eldridge ,-.,-,{^i^. ~t ,-., ,*.,-, -V.,r< tt.-?riATn * and larger crops than could be produced ; without it. Then again, the bonds must ! be issued legally and in accordance with certain well-defined provisions, as laid ! I down in the Wright bill. These condi- tions being fultilled, I see no reason but that the bonds are Well secured and will meet with n ready sale." James Mtmsell Jr., general agent of , the Mutual Benefit Life Insurance Com- pany of New Jersey : "Every State has to legislate for itself. Our Log- same principle? of caution and wisdom enter into the formation of thesetrrigating districts as into all other corporations." M. J. Mortens of Joosr, Mertens & Co. : "I think irrigation bonds a good in vestment. The law states very plainly what steps are to be taken in order to mate the formation of the district legal, i and in order to make the issuance of the ! bonds valid. If these steps are taken just 1 as the law directs, and if the land is of such a character as to be benefited by irri- * 16 ...... ~. enacted the Wright Irrigation law, and this law, enacted as it was, has \ stood and will stand all legal tests. This act makes the bonds issued under it a 1 first lien on the property of tue district. This makes the bonds secure as a first- lass business investment." Butler Burris, cashier of Manhattan Lile insurance Company: "I consider irrigation bonds to be a good investment. What this State needs most of all is water, and tanners and iruit-grower* ara Aviliing to pay for it, and offer their land as secu- rity for the money that pays for the water. I do not see any objection that can possibly be urged against the bonds if they are legally issued, and the land is good on which the water is brought." E. A. Waltz, manager of the Equit- able Life Insurance Company: "My busi- ness takes me all over the State, and 1 know the value of irrigation and the worth of irrigation bonds. Land without water may be hlniost worthless, but that same land irrigated may be worth a great deal, and offers good security for the bonds, the sale of which enables the own- ers of the land to cultivate it and raise profitable crops." Charles J>. Haven, recording secre- tary of Liverpool and London and (Hobo Insurance Company : "The security of irri- gation bonds depends on whether the Wright act is constitutional, whether there is a sufficiency of water to irrigate the land of the district on which the bonds are issued, and whether the price of the water is so low that farmers can afford to use it. These conditions being favorable the bonds are well secured and ought to be a good investment." F. lu Olmstcad, cashier of Southern California Insurance Company: "I know from personal observation what irrigation has done for this State, and also how profitable any scheme can be which en- ables water to be brought on to land which without it is unproductive. Irrigation bonds ought to be as secure an investment as can be found in California." H. K. Belden of Hartford Fire In- surance Company: " I am a thorough be- liever in the merits of irrigation for Cali- fornia, and am also firmly convinced as to the value and security of irrigation bonds. Land worth $25 an acre without irrigation is worth from $60 to $100 an acre as" soon as water is placed noon it. This land is ; the security ior the bonds, and the ; security, to'my mind, is ample." John Scott Wilson of the insurance firm of Mann & Wilson : " 1 believe in the ' security furnished by irrigation bonds. ; For example: Here is a tract of land com- prising 150,000 acres. It lacks irrigation facilities, and yet, without water it is as- sessed now at $2,500,000. It raises crops of cereals, but if it could be irrigated it could raise much more valuable products. It will cost $750,000 to bring water onto this land, and this amount, ^750,000, is raised by forming an irrigation district and issuing bonds for that amount, and the bonds are a first lien on the land, which increases in value as soon as irri- gated. In other words, $2,500,000 worth of land is security for $750,000 worth of bonds. That ought to'be ampio security." THS CHAMBI2K OF COMMERCE!. A Hearty Indorsement of Irrigation Districts and Bonds. A movement looking to the advance- ment of public interest in the irrigation districts of the State was inaugurated in April at a meeting of representatives of the various organizations under the Wright law. At that meeting some (twenty of the most active districts were i represented, and after discussion a com- imitteowas appointed to confer with the Chamber ot uommerce on the subject. The Chamber of Commerce appointed a special committee on the subject, and to that body the irrigationists presented a statement containing a i'uil exposition of the subject, the basis and yalue of the bonds, etc. After due consideration of the innttor the committee from the Chamber of Com- merce, consisting of Isidor Jacobs, W. T. Y. Schenck, Joun F. Kennedy, S. IT. Hil- born and W. L. Merry, rendered the fol- fowing strong report in favor of irrigation ' bonds: " Your committee respectfully re- port that nt the conference held on the 22d inst. with the delegation above named ; the question of the value and sale of irri- cction district bonds issued under the Wright law was fully discussed, with the following general result: . . " Your committee is iully satisfied and ; convinced that, with the proper and cus- \ tomary examination by the investor or |. party representing him of the ^rior com- I phancewith nil the conditions required bv ( law, and ul*o of the oharncier o! the land-]; Which it is propose.! to b'nd and the sup- ply ot' water available, irrigation bonds is- ' sued under the Wright law are as good t - bonds "issued under statutes. With thid v decision as a conclusion wo respectfully recommend the .adoption by the honorable hoard of trustees oi thy following resolu- ' tion: Resolved, That the trustee,? of the Chamber of ( Commerce of San Francisco, sifter careiul in- vestigation of the conditions connected there- with." are of the opinion that bonds issued by irrigation districts in ihe State of California! under the Wright irrigation law are u safe in- vestment and excellent security to investors, ' providing the two following conditions prece- : dent are complied witb: First A careful investigation ns to the com- pliance with the requirements of the law prior to the issua of said bonds. Second An examination of the character ol ; the lands on which it is proposed to issue said ' bonds arid the facility for obtaining a water supply. ' With these qualifications, which should control all investments with real , estate security, we can confidently recom- mend these bonds to capitalists as worthy of their confidence, both principal and in- terest being as secure as any investment can be made by legal enactment and in- trinsic merit." TURLOCK 'DISTRICT. THE FIRST ORGANIZED UNDER THE WRIGHT LAW. A Large Amount of Work Done in the Construction of Dams and Canals. The Turlock district enjoys th> vast inter- ests, but has beer) successful in every move, and to-day occupies a position that could scarcely be improved upon. The petition for the organization of the Turlock district was presented to the Board of Supervisors on April 11, 1887, the same embracing about 30,000 acres of land in Merced county. The total area of the district is about" 170,210 acres, the greater portion being in Stanislaus county. The Supervisors considered the petition from April 11, 1SS7, to April 28, 1887. No opposition worthy of note was made, ex- cept as to particular boundaries, there- fore the petition was granted and an election was ordered April 23, 1887, with the slight changes necessary in the pro- posed boundaries. The election was or- dered to be held on April 28, 1887, and the district was organized by the Board of Supervisors pursuant to the election on June 16. 1887. The directors elected were: E. V. Cogswell, 11. M. Williams, E. B. Clark, W. L. Fulwortn and J. P. Dunn. The first meeting was held and organ- ization effected on Juno 5, 1887, and E. B. Clark was elected president, E. M. Will- iams secretary and C. N. Whitmore treas- urer. The only action taken was the selection of officers and some routine bus- iness transacted. Preliminary plans and estimates were ordered on June 15, 1887, and were completed and adopted Septem- ber 15, 1887, George E. Manuel being the civil engineer who made the same. The area of the Turlock district in nearly 177,000 acres. Tho capacity of the proposed canal is 1500 cubic feet per sec- ond, This will give one cubic foot to each 118 acres for the whole district. A comparison with other places where water is used and sold will show that these figures are more than ample. The Fresno Canal and Irrigation Company' sells water rights of one cubic foot each for 160 acres. This same proportion 5s fol- lowed by the Crocker-Huffman canal at Merced, the "7(5" canal, the Kings river and Fresno canal, and in fact all canals in Fresno. Tulare and Merced counties who make a business of selling water. In Log Angeles and San Bernardino counties greater economy is practiced. The aver- age duty ol a cubic foot of water in these counties as given by the State Engineer's report is 300 acres. At Pasadena it reaches 1656 acres. In parts of Spain 00 to 400 acres. In Algiers 425 acres. In Italy somewhat less. In Italy and some of the old irrigated countries, whose works date back for centuries, it is found that on an, average only from one-half to two-thirds of the land* under the canals and suscep- tible of irrigation from them is actually irrigated from them. From this it seems that an allowance of one cubic foot for each 118 acres over the whole district is ample. The question may then be asked, wby build the canal so large? The canal was designed of this size for the following reasons: First, the country has never been irrigated and will take a large aiMount of w r ater at first; sec- ond, the quantity of the water in the river is more than ample at certain seasons and no one is injured by its diversion; third, the expense per acre is not so great but what it can be borne with ease; fourth. part of the district 13 very sandy ; fifth, we wish all satisfied and prefer to have too much rather than top lltile. The following gauging of the Tuolumne river, the source of supply for the district, are taken from the State Engineer's report and will show what an amount of water is available: "This is a river ot the first class, having a large, high mountain drainage basin. The gaugings were made ~ at a station near the rail- road bridge south of Modesto. A scale *of discharge at different stages was drawn up. A rod record was kept from i79 to 1882 inclusive, and occasional ob- servations made since the last date. From these data as a basis with estimates of fiow per square mile of drainage aren as hereto- fore explained the results of the table are presented as sufficiently exact for ail pur- poses of a general water supply discussion. November. December. . January.... February... March April May June July August September.. October.. .. 65 65 478 1,876 j,7:i7 4.456 7,061 1.07/ 188 39 30 101 %8 1,095 409 2,884 625 6,755 714 5,086 10,871 14,070 7,61 s 1.238 184 56 35 7,274 5,223 l,99t 391 iLv, 130 193 620 620 573 2,879 2,164 t},260 3.54S 7,461 574 225 873 620 654 490 3,180 s,04h 9,540 327 262 327 215 327 556 410 841 490 1,801 1,310 7,540 2,754 3,270 7,860 490 1,635 5,838 7,360 7,622 3,180 H.188' 5,540 3,751 751 196 266 These gaugings include the contribu- tions of Dry creek, a tributary entering the river just above the point of observa- tion. This only runs water in the rainy season. The How of several mining ditchei, taken from the river in the mountains above has not been taken into considera- tion. For very low periods this would , materially affect the results. Some of this water finds its way back ii.to the river. From these figures it will be seen that the supply of water is more than sufficient during the spring and summer months, when irrigation is most ncedo j. Should more water be dosired during the autumn months it can be supplied by reservoirs ia the mountains. Daring this season of i the year very little irrigation is done, and so the demand will not be great. The en- gineer stared that he was informed that there nre several lakes and natural reser- voirs in the mountains that can be mada available at slight expense. The engineer's estimate of cost, as ren- dered, was $467,544(52, and his preliminary plans were adopted September 16, 1887. An election for bonds was orderdeu oil September 16, 1887, the value of the bonds proposed to be issued being $600,000. The election was held October 8, 1887. The number ot votes cast by sub-districts for and against was as follows: Aye. No. District No. 1 "17 District No. Ji 36 2 District No. 3 47 5 District No. 4 70 4 District No. 5 1 Total 176 12 1 Thereupon the bonds were ordered is- sued and there was no opposition thereto. Bonds to the full amount were issued Oc- tober 10, 1887, and were advertised No- vember 7, 1887. To date (June 5) $422,500 worth of bonds have been sold, a large amount going to residents in the district. Final plans and estimates of work were ordered duriner October, 1889, George Man- uel, C. E., offering to make them at a stated salary, and the work was assigned to him. The plans and estimates were made at a cost of about $2000, the same being presented and accepted during De- cember, 1889. Contracts were advertised for the con- struction of about five miles ot the upper works and bids were received on January 7, 1890. The remainder of the canal has been cross-sectioned and specifications prepared. The construction was com- menced on February 10, 1800, by Con- tractor Grey under the contract system. The financial status of the district is good, and money received from the sale of bonds has been $279,000 and irom taxes $3r 537, and the amount of money ex- pended was $33,000 for salary of officers and general expenses, attorneys' fees, right of way, etc. The assessments levied are as follows: In 1888 42X cents on $100 and in 1889 70 cents on $100. These amounts were levied on September 18, 18b8, and on October 15, 1889. The amount collected was $32,000, with very little opposition. The lawsuits in connection with this district were one to determine the consti- tutionality of the law and two suits for condemnation of right of way, the na- ture of the suits being as follows : Turlock Irrigation District vs. Williams, mandamus. Turlock Irrigation District vs. Wheaton. The termination of each was favorable to the district. In the suit of Turlock lr- Cigation District vs. Williams, commenced Kovember 17, 1887, judgment was ren- dered May 31, 1888. The two suits, con- demnation and right of way, Turlock Ir- rigation District vs. Wheaton, were com- menced February 21, 1890. Attorneys for the district were P. J. Hazen, Hatton & Fulkerth. For the plaintiff, W. P. Bag- gatt, A. L. Hart, W. L. Dudley, and Lout- tit, Woods & Levinsky. The present offi- cers of the district are : President, E. D. Cogswell, Modesto; secretary, E. M. Will- iams; treasurer, C. M. Whitmore; at- torney, P. J. Hazen, Modesto; engineer, E. H. Barton, La, Grange. The office of the board is at Tnrlock. It is proposed to complete the canal and works with all possible expedition. The area as finally estimated is 176,110 acres, about 30,000 being in Merced county. The work on the main canal was started in March, 1890. About eighteen miles have been completed, with the exception of flumes and waste gates. One-halt mile at the upper end remains to be built to complete the main canal. There will be nine drops in the main canal, eight of which have been completed. The drops vary in height from three and a half to eleven feet. There will be four tunnels in the main canal when finished, of an ag- gregate length of 1500 feet. Three have been completed. One of 500 feet remains yet to be constructed. The width of the mam canal raries from twenty to forty leet and the depth of water will be seven In building this canal the following nt material was encountered: Bandy loam, adobe, hard pan, soft sand- stone, slate and a kind of basaltic rock generally called diorite or green stone. To show the magnitude of this under- taking we publish in detail the following facts and figures, Eugene H. Barton, kindly furnished by chief engineer of the Turlock canal and La Grange dam. The work of the main canal was divided into two section, lows: engineer ot the district, great credit is due. At one time during the construction of this canal 500 men were employed. During the greater portion of the time ol construction 260 men and 260 teams were employed. At the end of the main canal five lateral canals will be built, distributing water throughout the entire district. Smaller canals will be built from the lateral canals to deliver water to each section. Three hundred thousand dollars have already and taa ,ubctioa S lol- mole will be needed to complete the Section 1, main canalSub- section 1 was canal system, and with incidental ex composed entirely of slate and was very expensive to cut, costing $5 35 per run- ning foot, requiring also retaining riprap and puddle walls; total cost, $21,490 25. Subsection 2 was a thorough cut through cemented gravel, clay and hardpan, con- taining 90,000 cubic yards; extreme depth, 56 leet; total cost, $25,383 33, Sub-section 3 Thorough cut through cemented gravel, hardpan, sandy soil and basal .Is rock; ex- treme depth, 27 feet; total cost-. $14,851 11. Subjection 4 Scraper work; sandy loam, containing 53, 000 yards ; total cost, $8762 48. Sub-section 5 Tunnels 1, 2 and|3, as shown in illustration ; total length, 1000 feet, con- taining 9560 yards, the approaches to tne tunnels containing 8000 yards; total cost, $14.218 98. penses, buying rights of way and cost of dam will bring the cost of the entire sys- tem up to $1,100,000. The entire system will be completed and in operation in one arid a halt years. A weir dam will be con- structed across the Tuolumne river near ^a Grange at a point about 1450 feet below ;he boundary line between Stanislaus and Tuolumne counties. The dam is to be surved in form and of rubble masonry and concrete. It will be 105 feet high 20 eet wide and 320 feet long at the crest and X) feet wide and 60 feet Jong at the base :omaining about 32,000 cubic yards ot nibble masonry. This dam will be built >y and for the joint use of the Turlock ir- igation district and the Modesto irriga- iun district. This will be " " ' Section 2, Main canal Sub-section 1. weir dam in the United States having a A thorough cut as shown in illustration, overflow of over 160,000 cubic feet per through cemented gravel, hardpan and second at extreme high flood. The plans rt ^ l T 1 !^-;.! s*iit trrn a fab"AY* j-\ilf Ktr * li A f' _ Al^i,. .J ^_ *! M ***f soil. This cut was taken out by the hydraulic process, water having been taken from the La Grange ditch and Hydraulic Mining Company's reservoir, four miles distant, the district construct- ing about 7000 feet of ditch and inverted siphons to deliver the water at the pres- sure box, giving a 100-ioot pressure to the grade line of the cut. structed with two hundred, 3000 feet A flume was con- feet fall to the long, to carry material to the waste ground, contain- ing 242,000 yards; entire cost, $78,55489. outhern Pacilic Railroad. The town of Sub-section 2 light scraper work, including thorough cut; extreme depth 18 feet, con- prospects of a stead v growth. Contracts *.,- on* .* m^.i _. *AA-t m already been ' la f fop an $8000 hotel nd a $3500 church. Mr. Hickman plained I M - spring 320 acres of raisin grapes, i taining 208,000 yards. Total cost, $44, 696 94. Sub-section 3, light scraper work, containing 267,854 yards; total cost, $45,- 259 03. Sub-section 4, light scraper work and thorough cut ; thorough cut contained 70,000 vards of hardpan ; extretne depth 30 leet. The sub-section contained altogether 218,531 yards; total cost, $18,651 90. Sub- section 5, scraper work and heavy cutting, containing 172,000 yards, total cost, $14,- 878 32; 1,282,000 yards have thus far been moved to build main canal. In passing over the constructed work, as the writer has, it is hard to realize that so much work has been done in fourteen months. H. M. Wilson, one of the United States geological engineers, has inspected the work of this canal and says that it repre- sents to him the beat example ol Ameri- can irrigation practice. He. therefore, has concluded to publish a complete report, illustrated, showing the details and the , general plan of alignment, with thetopog- raphy of the entire plan and route. In its magnitude and extent, and in over- coming engineering difficulties, this canal ranks first among the irrigation canals of the country, and to E. EL Barton, chief or this dam were approved by Colonel Mendell, United States Government Engi- leer for the Pacific Coast. The structure 9 estimated to cost $325,000. L. M. Hickman, one of Stanislaus ounty's wealthiest landowners, who re- ides in this district, and is an enthusi- stic irrigationist, has donated to the raii- oad company a quarter section of land s a town site at the terminus of the main anal of the Turlock ^irrigation district, nd on the Oakdale extension of the -lickman has been started here with good his which are doing finely and looking well. This is the pioneer raisin vineyard in Stanislaus county. The board of direct- ors and officers of the district are: E. V. Cosrswell, president; R. M. Williams, sec- retary; John W. Mitchell, Hubert Dunn, Miller McPherson. E. H. Barton, chief engineer of the Turlock canal and La Grange dam. H. B. Waters, clerk of the ; board! The district had the usual difficulty in obtaining right ot way for its canals at | anything like fair prices. It was com- i polled ib pay from $45 to $60 an acre for right of way, wnile to farmers who will be greatly benefited by the canal $15 to $20 an acre would have been ;t fair price for this privilege. One farmer who is a bitter anti-irrigationisfc wanted $700 an acre for right of way. The canal was not built through his "land. The Modesto Herald, always a good friend ot irrigation, vhus notes recent sales of bonds by the Turlock district: The landholders in the Turlock irrigation dis- trict have awakened to the fact that the bonds of the district are a paying invest- ment, and are buying up the same. This week L. M. Hickman and J. W. Mitchell, two of the largest landowners, purchased $25,000 worth of bonds each, and E. V. Cogswell, C. N. Whitmore and John Amos each invested to the amount 01 I $5000, and lesser amounts were taken by many others. In all $71,500 worth of bonds were sold last week to residents of the district. Besides $15,000 worth were sold in San Francisco, and shortly before $5000 worth were purchased by the Mo- desto Bank. This looks promising, and makes certain the success ot irrigation under the Wright law. Speaking of the TurlocJc district the Visalia Times says: The brunt of the fight for the establishment of the constitution- ality of the Wright law was borne by the people of the Turlock district, as it was the first distnct organized under the law in the State. Their bonds were the iirst of- i'ered for sale, and the missionary work among bankers and money lenders had to be done by the agents of the Turlock dis- trict. Two years ago $350,000 in bonds were sold to Eastern and European capitalists, a small amount being taken b3" San Francisco bankers. At that time it would have been an easy matter to have sold all of the bonds voted, but the direc- tors did not feel like issuing the bonds and paying the interest on money that was not needed for immediate use. With the $350,000 in their treasury work was begun on the canal, and the largest part of it is now completed. If the dam can be built this year water will be turned on the sand plains of Turlock in time for next year's planting, and the people of that locality will reap their reward for the hard fight made in the cause of irrigation. POSO DISTRICT. him, would not exceed $270,000, and alter complete and careful examination of the report in all of its details, the board of directors accepted and approved of said report, and adopted the plans and specifi- cations. Hence proceedings were had by which the actual issue of bonds was lim- ited to $300,000. The assessed value of the lands in the district, which embraces 40,000 acres, is $502,000; actual value, $1,500,000. The population is about 200, and main- tains three schools, each well attended. The character of the soil in this district is a rich, deep, sandy loam of dark color, and entirely free from alkali. It is easily worked, and is well adapted for every variety of farming, especially that SPLENDID WATER EIGHTS AND LOW COST. A Fine Portion of Kern County to Be Supplied With Abundant Water. Cut in Turlock Canal made by hydraulic. of fruit and grapes; and owing to the freedom of this locality from frost the culture of the orange and lemon will no doubt in the near future be one of the most important industries. The richness of the soil of these lands can be established from the fact that the uncultivated portion is every year covered with a heavy growth of wild teed, and also from the fact that figs, apricots, peaches, vines, etc., set outlast winter, have, with the help of the natural rainfall and slight irrigation from wells, made a remarkable growth and are at the present time in a thrifty condition. When irrigated these lands'will equal the best irrigated lands of India, which support a population of five ! to the acre. ,. The water supply for the irrigation of I these land* has been thoroughly and ! carefully investigated by the directors and Under tht Irrigation District law j (Wright act) of March 7, 1887, the Poso ]. district was organized, and its officers duly elected in September, 1888. Bonds to the value of $500,000 were sub- sequently unanimously authorized of the denomination of $500 each, and to bear in- terest at 6 per cent per annum, principal and interest payable as by law provided. The report of the engineer, Mr. Barber, ^i verified by the consulting engineer, ex- State Surveyor-General Willey, whose ex- j which " rige with perience as consulting engineer to the State engineer and familiarity with gating projects commands the utmost confidence, demonstrated that the total cost of irrigation works, as planned for by which covers an area of nearly 468 square miles and is found to be sufficient to irrigate 10U,uou acres, through a system of reservoirs, which are situated high enough to cover all the lands in the district. The sur- . veys, plans and estimates of the reser- | voirs and canals have been completed. The district has the free and undisputed right to the water of Poso creek. The climate is exceedingly healthy nna entirely free fiom malaria, owing, r gradual incline toward i the foothills of the Sierra Nevada. The lands aro situated on the east of | the Southern Pacific Railroad, between city of Bakersfield, the county seat of Cutting Turlock canal by hydraulic. (From photograph by S. M. Wilson.) Kern county. The above railroad has a depot at Poso contiguous to the dia trict and which is also the terminus of a branch line from Fresno via Porterville; thus it will be seen that the district has also the advantages of a well-established shippius point. Sufficient has been said to establish the facts of the present and future prospects of this district as a grain and fruit-grow- ing section and as a place well adapted by nature for making beautiful homes. Total bonded debt authorized $500,000 00 Total amount required 270,000 00 , Total acreage in district 40,000 00 Bonded debt, per acre (allowable). 12 50 Bonded debt, per acre (required).. 6 75 Tax levy 1890 for district pur- poses on $100 1 50 Average water tax, per acre, per annum (approx.). for twenty years 75 The cost of water for irrigation in several ii prominent districts in the State compares ji as follows with that in the Poso district: ii Redlanda and San Bernardino, snnuai rate per acre $6 50 Riverside, annual rate per acre 10 50 Alessandro, annual rate per acre 4 38 Ferris district, annual rate per acre... . 505, Sweetwater, annual rate per acre 7 OO | Pomona, annual rate per acre 12 00 ; Big Rock Creek, annual rate per acre . Total $46 83 Average cost districts named 6 09 , Poso irrigation district r 75 ! The foregoing comparisons are fairly and conservatively made and speak fo* ! for themselves, while in addition to these obvious advantages it is only reasonable to state that an incontestible perpetual water supply, unexcelled climatic con- ditions, best of soil and general aggrega- tion of advantages should satisfy the most skeptical that no more substantial project, no more flattering proposition, can be en- countered anywhere. Emmet Barber, chief engineer in charge of the surveys, reports to the directors of the district as follows : In our surveys and -Examinations of the section east of the district and tributary to it, we find a very extensive watershed for our source of supply, covering an area of 468 square mile's, about 150 square miles of wliich are more than 3000 feet elevation ' above sea level and above the snow line, j I where a vast amount of water is stored in J winter tor use in summer, when most i needed, but owing to the rapid fall of the 1 mountain streams, from thirty to 200 feet i per mile, the water descends rapidly to ! the plains in the early spring and winter, and it is not to be had in summer when ! most needed. We have located and surveyed five res- , ervoirs, four storage and one supply reservoir, as follows : Granite reservoir on I sections 29, 30 and 31, township 29, range i 30, a supply reservoir; Little Creek reser- ; voir or. sections 34 and 35, township 26, ' range 27, and sections 1, 2 and 3, township i 27, range 27; Poso Creek reservoir on sec- i tions 25 and 26, township 27, range 27, and i sections 29, 30 and 31, township 27, range ! 28, on Poso creek; Dyer Creek reservoir , on sections 10 and 11, township 26, range ! 27* and Rag Gulch reservoir on sections 11, 12, 13 and 14, township 25, range 27, : and section 18, township 25, range 28, storage reservoirs, all of Mount Diablo base and meridian. We also made surveys of about thirty | miles of canals as follows: From Granite reservoir to Dyer creek, a distance of 12.51 miles; from Granite station to Dyer creek, 5.50 miles, and from Poso creek reservoir, through the south and east part of the district, 14.16 miles, besides two preliminary surveys to Poso creek to ! determine the elevation and where to lo- cate the two reservoirs on Poso creek. These surveys were made to determine the estimate of amount of work and cost to complete the system of water supply for the district before offering the bonds for sale. Granite reservoir is located on Poso creek, above a narrow gorge of graphite or granite rock, thirty-eight feet wide at the bottom and 260 feet wide at a point 100 feet high. This reservoir is only intended as a sup- ply reservoir, to divert the water from Poso creek into Little creek, Dyer creek and Rag gulch reservoirs, which are lo- cated near the east line of the district. A masonry dam built at this reservoir would be thirty-eight feet long at the bottom and fifty feet long on the top, twenty feet thick at the bottom and ten feet thick on top, and thirty feet high, and would require 750 cubic yards of masonry, at a cost of $12,000. The conduit, wasteway, supply pipes and other necessary work would cost eight thousand ($8000) dollars, or a total cost ot twenty thousand ($20,000) dollars. This is based upon the cost of masonry in the Bear Valley and Sweetxvater dams. Our survey was from the dam down Poso creek for 20CO teet, at a falling grade of ten feet per mile, and gradually diverging from the creek; at this point we leave the creek and follow along a steep mountain side, of rocky formation, to a point $11,875 ieet from the dam, where we located a tunnel 800 ieet long. From the dam to this tunnel would be a pipe line and flume 2.25 miles long, or a flume might be con- structed for this distance. From the end of this tunnel we commenced the survey of a canal, twentyjeet wide at the bot- tom, at a falling grade of four feet per mile, winding around the base of the mountain along a formation of loose granite rock, with gravel and clay inter- mixed. This canal will be live feet deep and carry three teot of water, with ilope of banks of two feet horizontal to one foot perpendicular, and the lower bank will be eight feet wide on top. This canal was surveyed to Granite Station, 54,300 feet or 10.28 miles, where it leaves the granite formation. There will be required on this route of 10.28 miles of canal three tunnels, varying in length from 200 to 800 feet, and four flumes across deep gulches and watercourses, from 250 to 400 feet each. The two pipe lines from Granite reser- voir will necessarily have to be 36 inches in diameter to carry the volume of water required and discharge the water into a i flume a distance of 2000 feet, where it would be. earned to the tunnel, 2.24 miles from the reservoir, at a coat of twenty thousand ($20,000) dollars. The canal, with given width and slopes, would re- quire an excavation of 17,271 cubic yards ; per mile, and being largsly of a rocky for- i rnation, would cost about $3000 per mile, i or u total cost of $30,000 lor the canal to i Granite stition. The flumes are located as follows: One ! from station 230x50 to 233 is 250 feet long, j just ahove Long Tom mine and across j Long Tom gulch; the second from station ; ! 304x50 V> 307 is 250 feet long, one mile west i of Long Tom and across a deep gulch; the I third from station 478x40 to 482x46 is 406 feet long, and trt rourth from station 593x50 to 597 is 350 feet long. Total length of flume, 1256 Ieet, which should be 8 Ieet wide on the bottom and sides, 3% feet t high, and at a fall of 10 feet por mile, i which would cost $2 per lineal foot,, or u total cost of $2512. One tunnel at station 118 by 75 is 800 ! feet long at the end of pipe line or flume, southeast of Long Tom, 6 feet wide and 6 Ieet high, would cost about $2 50 per lineal foot, or a total of $2000; the second at sta- tion 192 by 30 is 300 Ieet long (same size as above), at a cost of $2 per lineal foot, or a total cost of $600; the third at station 256 by 50 is 200 feet long, at a cost of $2 per Jineal toot, would cost $400, or a total cost for tunnels of $3000. The canals from Granite station are made on the slope of ^the hills and are all easy grading, and in most parts the ! amount of excavations will make the em- bankments; they will be sixteen feet wide at the bottom, with side slope of two to one, and will require about 12,000 cubic yards per mile; they are as follows ; from Granite station to Granite creek: i One mile from Granite creek to Little ' creek, three and a half miles; from Little ; creek to Dyer creek, two and a half miles; ' and from Dyer creek to Dyer creek reser- ij voir, two and a half miles; total, nine and a half miles. These would cost about $800 per mile, or a total cost of $7600. These canals discharge the water into natural channels, which have a fall of from twenty to thirty feet per mile, and would save 'building about fifteen miles ol canals, to carry the water from Granite reservoir to Little creek, Dyer creek and Rag gulch reservoirs, to be stored in win- ter and spring for use in aummer. These reservoirs completed would hold enough J water to irrigate 70,000 acres during th season. Poso Crk res Lit'lCrk " Dj-er " " Rag Glen " Dist Ditches Total Arat.. Upper Wr'ks G'n'd Total RECAPITULATION. Acres. (Capac. Gall'us.| Cost. 281.37 356.92 218.16 657.65 1,514.11 1,961,280,000 2,647,778,400 1,368,426,000 4,269,695,600 10,246,ib8J6b6 are estopped to allege or prove the illegality or- invalidity of any of the proceedings above men- ; tioned; and it holds that under existing law j the decree of confirmation is as conclusive ; against all parties interested as it would be if $41,560 each and all of them had appeared and been heard in that special proceedings for con- firmation. In view of this decision of the Supreme Court I am of the opinion that the legality of the bonds of the Poso Irrigation district is fully 36,073 42,701 41,243 15,000 176,577 75,512 $252,089 In summing up the advantages of Jroao Irrigation district, I should say it starts out under very favorable circumstances, and with briarht prospects ahead, having an abundant source of water supply, and no adverse water rights to condemn ; the right ot way will cost but a nominal sum, much of it'being across Government land and those wanting water. The reservoirs are located mostly, on Government land, which would cost noth- ing; they are all easy of access, and can be built at a minimum cost, and I believe no mistakes have been made in selecting th reservoir sites. Surveys and examinations were mado at different points before the sites were se- lected; calculations have been fully made for headgates and drops in the ditches and for sufficient wasteways in the reservoirs, besides the dams will have a base of from 200 to 300 feet, and will be from ten to twenty feet wide on top, constructed of the best material, and will be sufficiently strong to withstand the pressure of water nearly to the top. H. I. Willey, consulting engineer, in- dorses Mr. Barber's report as foll.qws: established. Very respectfully A. L. RHODES. KERN AND TULAKE. A DISTRICT WHEBE THERE WAS NO OPPOSITION. The Bonds Indorsed by the Superior Court Progress of Canal Work. The Kern and Tulare district is the ban- ner district of the State so far as regards unanimity among the people who reside within its boundaries. Not a dissenting vote was cast in either the election for organization or the one on bonds. This district was also the first to issue bonds under the Eckles amendment to the Wright law, passed by the last Legislature. This district, which, as its name implies, A careful examination and verification is located in Kern and Tulare counties, of the surveys, plans and estimates of Mr. , was organized in May, 1890, and comprises Emmet Barber, C. E. , as set forth in his S0 me 80 000 acres. The source of supply report to the honorable board of directors of'this district, justifies me in approval of the same in all essential features, only de- viating from or modifying his work in some minor particulars, which, in my opinion, will make the system more per- fect and economical of construction to tne district. As to the legality of the bonds issued by the Poao Irrigation district, we annex the following clear and emphatic opinion of Hon. A. L. Rhodes, who was for seventeen years a judge of the Supreme Court of California, and for many years Chief Justice. On account of his well-known ability and special knowledge of the law in regard to bonds, his opinion will com for irrigation is the Kern river. At the election for organization there were 137 votes in favor and none against, while at the bond election 144 votes were cast in favor and none in opposition. Bonds to the amount of $700,000 were voted, and $350,000 are now on the market. At an election held on May 3, 1890, the following-named directors were elected: T. E. Clark, E. E. Hobart, B. M. Watts, Benjamin Thomas and E. D. Morton. The lollowing officers were elected: B. M. Watts, president; J. 0. Sidtner, ec- retary, and M. Schwartz, treasurer; J. S. Brooks, collector; J. 0. Sidener, assessor. Preliminary plans and estimates were inand the confidence of all who know him. -,-,- -i ,- SAN FRANCISCO, Mav 14. 1891.-Coptofnl>. 5. : ordered on July 1. 1890, and the same Coverdale, Treasurer of Poso Irrigation District, ' were adopted on the 7th ot October, 1890. Delano, Cal.-r-DEA.-R SIR: I have examined the i The engineer preparing and presenting opinion of the Supreme Court of this State in : the same was John S. Urton. the case of Henry J. Crall vs. Board of Direct- j n n i 3 report to the president and board ors of the Poso Irrigation District, decided De- cember 15, 1879, and I find that it affirms the decree of the Superior Court of Kern county, U-tTdCG (JA MM3 OUEKy4.AVF* \j/\f \AJiV vl J.VU1 11 ^WU.Wbjrj f-* rendered September 10, 1889. The said decree lowing lacts : of directors of the Kern and Tulare Irri- gation district, Mr. Urtoi} states the fol- approves and confirms each and all the pro- ceedings for the formation of the Poso Irriga- tion district, and all the other proceedings which may affect the legality and the validity of the bonds of tho district and the order for their sale. The decision of the Supreme Court defin itely establishes the validity of all the proceedings from and including the organization of the said irrigation district up to and including the order for the issue and sale of the bonds ol the district, and it holds that all persons interested i in the district, or who may be affected by the proceedings had for the organization of the district, or for the. issue and sale of the bonds, In accordance with instructions re- ceived, I investigated a route for a canal to convey not less than 1500 cubic feet of water per second from Kern river to be used for the puroose of irrigating lands laying upon the plans north of the Pozo Irrigation district, and embracing all the lands in the Kern and Tulare Irrigation district g.ud all lands laying contiguous thereto, susceptible of irrigation from the same common system, together with plans and estimates of cost of constructing the same, including the necessary main dis^ tributing ditches, wasteways and all neces- sary expenses to complete an irrigating system for the Kern and Tuiare Irriga- tion district with the additional territory added. " On examination I find Kern river to be a hard and difficult river to approach with a canal, for the reason the elevations of its banks are so irregular; in many places they are low, while in other places high perpendicular bluffs set close to the river bank and in some instances extend to the water's edge. These physical con- ditions compel the canal line to follow the elevation in a tortuous course, making many sharp curves. "Alter making an examination of the river, ]. located the point for the head works of the proposed canal, at a point on the right bank of Kern river in section 4, township 29 south, range 29 east, Mount Diablo base and meridian. This point was selected for the reason that it has the proper elevation to enable the supply of the nigh territory to overcome most of the engineering difficulties. "The first six or eight miles of the canal, after leaving Kern river, being through sandy and porous material, the loss of water over this portion of the line by percolation, after the first Jew years after the opening of the can.il, will be large, but this will decrease with age and use of the canal, as fine particles of clay settle into the porous material. "From the initial point of the canal on Kern river to station 435, a distance of 8.1G miles, the displacement equals 1,294,- 962 cubic yards. J* This distance, 163,100 feet, or 30.89 miles, from the head of the canal on Kern river puts the canal on the plains north of all the rough land along Poso creek, from which point the cost of con- struction can be approximately estimated by the mile, as the surtace is fairly uni- form, and each mile of canal of equal di- mension will require about the same amount of displacement. " From this point, station 1631, to the north side of Dyer's gulch to station 2159, a distance of ten miles, the displacement equals 42,240 cubic yards per mile, or a : total of 422,400 cubic yards. From Dyer's gulch to the north side of Rig gulch, to station 2512. a distance of 6.68 miles, the displacement equals 26,400 leet per mile, or 176,352 cubic yards for the given dis- tance. " From the north side of Rag gulch to the deep drain in section 13, township 24 south, range 26 east, Mount Diablo base and meridian, to station 2723, a distance of 4.01 miles, the displacement equals 20,400 cubic yards per mile, or a total for a given distance ol 81,804 cubic yrds. From this station to the north line of sec- tion 11, township 24, range 26 east, Mount Diablo base and'meridian, the canal has a bed width of forty ieet, water depth lour feet, grade nine inches per mile. To this line, station 2900, a distance of 3.35 miles, the displacement equals for the given dis- tance 64,856 cubic yard?. This includes all the displacement required in the con- struction of the main canal from Kern river to its terminus. "The main distributing canals are three in number and tap the main canal at the points elsewhere named in this report, j the first at a point on the north side of! Dyer's gulch, in section 34, township 25, ! range 20 east, Mount Diablo base and me- ridian ; the second at a point on the north ' side of Rag gulch, in section 34, town- i ship 24 south, range 26 east, Mount ! Diablo base and meridian, and the ! third ia a continuation of the main canal to a point on the section line between sec- tions 2 and 11, same township and rango last named. These canals run directly west from the main canal, crossing the railroad to the west boundary line of the districts, a distance of ten miles each. The first two of these distributing canals have a bed width of 50 feet each, water depth, 4 feet; side slopes, 1^ to 1; grade, 1.5 feet per mile; banks, 6 feet wide on top and V/z feet above the water in the canal ; side slopes, 1% to 1, outside and inside. The fail or slope of the surface of the country being great from twenty to twenty-four leet per mile these canals will have five drops from four to five feet fall each, and four headgates each for the distribution of water, per mile. The cost of construction may ba computed as fol- fows: Cubic Yards. Per Cubic Yard. Total. $1,440 700 560 350 Earth displaced per mile 18,000 20,000 16,000 36,000 8c. $35 $M 35 ^M 10 $M Lumber for five drops, mile Lumber for four drops, Carpentering, excavat- ing and filling in $3,060 Thirty mile distributing caual $91,800 Three crossings for railroad, $1000 each 3,000 Surveys aud contingencies 100,000 Grand total for main canal 420,319 $021,110 Discount of 10 per cent on bonds (59,013 Grand total .$690,132 The preliminary plans and estimates were adopted on October 7, 1890, and elec- tion for bonds was ordered on October 8, 1899, the value of the proposed issue being $700,000; the election was held on Novem- ber 1, 1890. The number of votes cast for the issuance of bonds was 144; in opposi- tion, none. The bonds were ordered to be issued on November 3, 1890, but were not advertised. The financial status of the district at present is good, there being funds on hand to cover all indebtedness incurred to date and to carry the current expenses for the coming year. Thejv has been one assessment of 1 per cent on $8,000,465, which was made on September 9, 1890, with no opposition to collection. The present officer a of the district ar*' Directors K. M. Watts (president), r. I5< Clark, B. F. Hobart, Benjamin Thomas and E. B. Horton; J. 0. Sidener, secre- tary; M. Schwartz, treasurer: all of De- lano; C. C. Wright, attorney of Modesto; J. S. Urton, engineer, of Hanford; all of the State of Caliiornia. The office of the district is Delano, Kern county, Gal. The decree of confirmation of all proceedings was rendered by the Superior Court ot the county of Tuiare on the 5th of January, 1891. The outlook lor Head of Kaweah river flume on Tulare canal. (From photograph by E. A. S. Wyllif.) the district could not "be better." For the purpose of determining beyond a doubt the feasibility of obtaining a sup- ply of water for the district from the Kern river the directors of the district employed four civil and hydraulic en- gineers of large practical experience in ir- rigation work and details to investigate thoroughly the supply of water from Kern river, and also to determine the quantity of land at this date irrigated from that source, as well as the quantity of land that could be properly irrigated from that source. The engineers occupied the larger por- tion of the months of March and April, 1891, in determining how much water was diverted Irom the river for irrigation or other purposes through canals and ditches. They measured and cross-sectioned the complete systems of J. B. Hagen & Co. and Miller & Lux and all others, and as- certained that there was at this date only 170,000 acres under a system of irrigation from said Kern river. They also ascer- tained that the average flow of Kern river from the month of January until August of each year would, if properly distributed and handled, irrigate 480,OuO acres, or 310,000 acres more than is now irrigate.! from said source. When we consider that the water supply of the K. & T. I. D. is only secondary to the use oi tho aforesaid waters by the claim- ants for the aforesaid 17,000 acres already watered from that source, and that the right of this district is the firsi to the surplus above indicated; and that the ratio of our draft upon that surplus is the area of our district, or 84,334 acres. 1 against 310,003 acres susceptible of being - supplied, it is impossible to suggest any \ reason that would justify any person in ' encouraging the conclusion that there is a doubt as to the water supply; excepting that deep and common design of corrupt men to deceive in order to cover their per- sonal aspirations and retard the develop- ment of the country, to the injurj r and harm of the very class alone who can be depended upon to bring forth the great- ' est results through a system of improve- ment and husbandry that will never ob- tain where the country is claimed and ( controlled in large holdings by those who have axes to grind in their opposition to i the irrigation district system. The engineers who made the aforesaid i estimates upon the water supply and the rights of present claimants upon th* 1 same were: John S. Urton of Hanford, Tulare county, who has perhaps built more miles of irrigation canals of large magnitude than any engineer in the State; J. D. Brown of Bakersfield, Gal., long in j the employ of J. B. Haggin as his chief I engineer in constructing most of his ex- j I tensive irrigation works in California; |! P. J. Flynn, an acknowledged authority j: on hydraulic engineering in some of the i! highest schools of that profession in |i the United States; also Mr. McMurdo, i the present County Surveyor of Kern | county, Gal., and of large experience in ! canal construction work for irrigation ' purposes throughout Kern county and especially with J. B. Haggin & Co. P. J. Flynn' s address is Los Angeles, Cal., in which city he has charge of the engmeer- ! ing for the sewerage system. From these d;ita it will be seen that the I directors of the district are pursuing their ' work with a full understanding of the re- sponsibility of the undertaking and of the consequences that must result should they, through any possible contingency, ; LITIGATION incumber their homes and property with- out securing the full compensation antici- pated by the purposes of the enterprise. A splendid example of what water will do in this district is shown in B. M. Watts' twenty-five-acre tract, one-half mile east of Delano. Mr. Watts, who is president of the board of directors of this district, bought his place three years ago, when it was only good for a sheep range. He now has as fine an orchard and vineyard as there is in the State, arid all the water he has is supplied by two windmills and a pump worked by horse-power. Mr. Watts does quite a business in supplying the sur- rounding country with cuttings from his one-year-old vines. He has also planted 100 orange trees this summer, and they are doing well. T. E. Clark, one of the directors of this district, living five miles from Delano, planted twenty acres of vines two months MODESTO DISTSIGT. ago and supplies water for them from a pump worked by a gasoline electric en- gine. The vines are all doing finely and are haying a remarkable growth. But a very few have been lost, and those were from the work of gophers. John S. Urton, the chief engineer of this district is a canal builder in the San ^oaquin valley of seventeen years' experi- 'ence, and has perfected more canal sys- tems than any other engineer in the State. | He is considered one of the best canal i builders in California. The officers and directors of the district are B. M. Watts, president; T. E. Clark, RESULTING FAVOR- ABLY TO IRRIGATION. Source of Supply and Sketch of the Dam and Canal System The Cost. Not so much progress has been made in Stanislaus county in the direction of. irrigation enterprise as in other portions of the great San Joaquin valley. This has not been due to any lack of sources of supply, for few counties are better pro- vided with never-failing streams of the largest size. Rather has it been the re- sult of a lack of necessity for irrigation in those branches of agriculture which havo Dam and tunnel, Ttirlock CanaL B. F. Hobart, Benjamin. Thomas, E. D. Morton, J. 0. Sidener, secretary; J. S. Urton, chief engineer. The effect which the completion of this irrigation system will have upon the town of Delano, which is the princpal settle- ment in this district, can hardly be over- estimated. With a densely populated and highly productive region, such &A this is certain to become, nothing can prevent Delano from becoming a large and pros- perous city. As a shipping and trading point it will equal any other place in the valley. The people recognize this fact and to a man are enthusiastic in support of irrigation. until recently occupied almost the entire attention of the farmers of this county. Wheat-growing has been the chief indus- try, and so favorable is the soil and climate that large harvests have been, the rule for a long series of years. However, the same gradual change has set in here that is seen all over the State. Agriculture, or rather wheat growing, is giving way steadily to the cultivation of fruits, and more and more attention is paid to this profitable pursuit every year. But while wheat can be successfully pro- duced without irrigation, not so with iruit. Hence, the people have been aroused to the importance of the estab- lishment of a comprehensive system of irrigation. The Wright law owes its authorship to a prominent resident of Stanislaus county, C. C. Wright, and, naturally, the pro-Visions of that act were promptly taken advantage of soon after it became a part of the laws of the State. The petition i'or the formation of Mo- desto district was presented to the Board oil Supervisors May 11, 1837, and was con- sidered by them from the date of its pre- sentation to June 7, 1837. There was con- siderable opposition made to the organi- sajfcion of tho district on the ground that ihe opponents did not desire irrigation by any plan. However, the petition was granted with certain modifications. The election for the district was ordered on June 7, 1887, and was held on July 9, 1887. The number of votes cast was 856; 700 for and 156 against. The f.i. lowing directors were elected: J. W. D ivison, i'l H. Catlin, R. McHenry, A. C. Carver, W. H. Finley. Robert Mo- Henry was elected president; J. W. Daviaon, secretary; I. Perkins, treasurer. An election for bonds was ordered on, November 19, 1887, and it was proposed to iisue bonds for $800,000. The election was held on December 4, 18S7, and resulted: 4;;9 aves to 66 noes. Bonds to the amount of $800,000 were, therefore issued and advertised January' 7, 1889, and bonds to the amount of $1-12,- 000 have been sold. Some idea of the stability of the Mo- desto district can be formed from the fact tha; the assessed value of all the property contained therein is $3,361,347, while the bonded indebtedness lor irrigation pur- poses is only $800,000. There is thus a securitj 7 ' of four times the amount of the bonds, and this too on the basis of the assessed valuation. The actual cash value < of the property which is the security for the bonds is at least 50 per cent greater than the assessment. The value which irrigation gives to the district may be seen trorn the fact that lands without water are worth only from $10 to $25 an acre, while with water they sell for $75 to $100. Thus by the expenditure of less than $10 per acre the selling value of the land is trebled and quadrupled. It is indeed, difficult to see how better security could be afforded for an indebtedness of such an amount as the bonds issued by this dis- trict. teen feet, with u slope of a quarter to one, and the height of water seven feet. The canal is calculated to carry 640 cubic feet of water per second, with a velocity of 4.9 feet. The grades and velocity on the flumes are greater, and the width ot same on bottom will be ten feet, with seven feet depth of water. Alter the first two rniiea the canal leaves the steep slopes of the river bank and follows the plateaus and benches, where the only difficult work will be the construction of a tunnel about 1200 feet in length and the crossings of deep canyons. The grade on this portion of the canal is one foot to the mile; width of canal on bottom twenty-eight teet, with a slope of two to one; seven ieet depth of water; velocity, 2.43. The contract lor section 2, consisting of strucUon of the same. The estimated amount of material in the canal to be moved is about 500,000 cubic yards of Four suits have been engaged in by this the two miles of bluff work, has been let district, three of which have been decided; to J, D. McDougald of Stockton, and he by the Supreme Court favorably to the has now a forco of 250 men and about district. The other is now pending, but N twenty teams employed on the con- as it hinges upon points already decided, its outcome cannot be different from that of the other suits. The present officers of the district arejas earth, about 200,000 cubic yards' of rock follows: President, A. G-. Carver; direc- , and 25,000 cubic yards of wall. The length tors A. G. Carver, P. A. Cressey, G. D. I of the main canal is about twentv-two and Wootten, W. H. Finley and R. J. McKim- rnon. C. S. Abbott is secretary and 0. Wmningstad chief engineer. It may be added that the security be- hind the bonds of this district can be in- ferred from the fact that without water the lands are worth only from $10 to $25 m acre, while with water they command $75 to $100. The average cost 'per acre for water is only $9 81. Preliminary plans and estimates were ordered August 7, 1887, and were made October 20, 1887, by 0. E. Grunsky, C. E. The works as preliminarily planned con- one-half miles, and to construct the same will require about one year and a half. The flumes are nine in number and ag- gregate 3400 feet in length, and will re- quire about 800,000 feet board measure of lumber. The height of any trestle will not exceed ninety feet. There will be twelve drops on the canal, the highest of which wiil be sixteen feet and will furnish 500 horse-power. The cost of the main canal will be about $250,000. The size and location of the branch canals and dis- tributing ditches have not as yet been determined on, but as they are intended sist of a concrete dam ninety feet high above low water two miles above Knight's Ferry, on the Stanislaus river, with a canal fifty feet wide on the bottom, lead- ing to the district. The engineer's esti- nuite of cost as rendered was $646,000, which was rejected as too high, and a new plan was ordered to be devised. A weir darn wiil be constructed across the Tuolumne river, near La Grange, at a point about 1450 feet below the "county boundary line between Stanislaus and Tuolumne counties. This dam will be . -.. o.m-n-r turTm-rr curved in form and built of rabble ma- AN IBBIGATION SYSTEM WITH- sonry and concrete. It will be about 105 OUT A PEER. feet "high, 20 ieet wide and 320 feet long at the crest and 90 feet wide and 60 feet long at the base. It will contain about .. m , 32,000 cubic yards of rubble masonry, and The Reservoir That Supplies IhOUS- for the purpose of distributing water over 80,000 acres ot land the length and ca- pacity of same will be considerable, and it is calculated the cost will not be less than $300,000. It will probably take two years to finish the whole system, so th#t water may be put on every acre of land in the district. BEAR VALLEY. is to be built by and Jor the joint use of the Modesto and Tuiare irrigation dis- tricts. This will be the highest weir dam. in the United States, having an overflow of over 160,0'JO cubic feet per second at ex- treme high flood. The plans for tiiis daro, were approved by Colonel ands of Acres An Immense Undertaking:. to cost $425,000. In describing the most prominent irri- Mendell, tion districts and systems in California now to one /h,cb stands pre-emi- ,. nent both as regards engineering skill and t'iie tii-si two miles of the canal follows the appreciation of land values through the steep bluffs of the river, in places its construction. From a variety of stand- nearly perpendicular. The formation is po i n tg the Bear valley system is without slate and some little hard rock. The plan - 8Uperior i n the State, if not, indeed, f lie" ^^"nd'in"^ S&Sf ***** B r th.tgigtl. onterprise The larger canyons will be crossed with lands so valueless that no one would rhiraes on wooden trestles. The grade much as pay the taxes levied on an assess along this portion of the canal is 1.5 to the ment of 50 cents an acre have been made 1000 feet, the bottom width of canal six- go productive that they have sold lor $1000 and $2000 an acre, the crops -pro- Ieet; four feet ot rainfall, 197,120 acre feet; duced actually returning a large interest five feet of rainfall, 246,400 acre feet; six feet of rainfall, 295,680 acre feet; seven tuou, ndS has been proved with com- &$&*&" upon such a valuation. A population of 120-foot dam, which will hold 461,451 acre feet of water. In using water from the reservoir it is fortable homes, and tens of thousands oi ralnfall| 443,520~acre feet; tei'i feet of rain- acres of what was regarded as a hopeless f^ 492,800 acre feet, or more than enough desert have been converted into a garden to till the proposed new reservoir with its fair almost as that of Eden. In a word, the Bear Valley system in its entirety presents one of the best examples possible of the results that have followed the union 5u"ring7he" winteVand "spring" mo'nthTbv of land and water in this favored portion drawing supplies irom the Santa Ana , river, and not drawing on the reservoir, will equal the amount of wafer lost from the above estimates by seepage and evap- oration. If the 120-foot dam had been completed in the summer of 1883, and the company of the earth. Ages ago Nature formed a lake away up in the fastnesses of the San Bernardino range. This lake was fed by the melting snows of the mountains and by the heavy rainfall, which at this point was more had commenced at once to deliver all the water called for by all the outstanding contracts, including the 100,000 class B acre water rights, the water in the reser- voir would have stood as follows : Rainfall 1883-84 Season's use of water 110,287 than quadruple that of the valley a score of miles distant. For centuries this lake remained, until some terrible convulsion rent the mountain wails that held it in and loosed the waters on the valley be- neath. More centuries passed away. Where the lake had been was now a beau- tiful valley, with grassy meadows and purling streams. In the deep grass were Balance in reservoir 266030 herds of deer, and until man came &uch Kainfall In 1884-85 109,523' another delightful picture of sylvan soli- tude could scarce have been found. But i Amount then in reservoir 375,553 the time came when the people in the i Scon's use of water 2^01 great valley below needed water > for 5 Balance in reservoir 265,266 their gardens and orchards and vine- i Rainfall 18858-0 259082 yards. All the running streams had been ' monopolized, and it became necessary to ! Total amount of water 524,348 eek some means of saving up the floods Seasons differ, as tho rains may be that ran to waste during the winter sea- i heavy or light, and as they may be early on. One day there came to this hidden j or late, but this is a fair average. In fuf- mountain valley a youth, recently gradu- Inishing water for 110,270 acres" of land the ated from Yale; full of enthusiasm, with 'Bear Valley Irrigation Company will sup- a mind both to dare and do. He saw at a; ply approximately 24 per cent of the fiance the possibilities of the old lake bed. -amount during the months of December, n the restoration of the ancient lake he (January, February, March, April and saw the solution of the problem that con- May. As a rule, the company will not be fronted the settlers on the plains, and, in compelled to draw on the reservoir at ail the face of the discouragement of gray- during those months for their water sup- haired engineers and experts, he under- ply,but they can take it all Irom theSanta took what all but a few believed was a Ana river at or near the mouth of the hopeless task. Across the chasm left canyon, where there is nearly always a where the mountain was riven asunder a supply of water running to waste during slender wall of stone was built. As the those months. This saving of the stored wall crept upward the waters accumu- water will nearly or quite offset the ques- lated behind it, and when it was com- tions of seepage and evaporation, for pleted there was the restored lake, in which no allowance was made in the cal- readiness to Dour out its life-giving waters dilations of this article. needed in the valley beneath. The company have arranged to com- , And so it has stood from that day to me nee work on the new dam early next this, a monument both to the enterprise spring. The present dam still stands, I of its projector and constructor, Frank E. notwithstanding the anathemas and floods Brown, and to the ignorance of its opoo- that have been hurlad against it, and niter Dents, who had demonstrated so often (on withstanding a fall of thirty 'inches of paper) that the scheme of the youthful water in thirty-seven hours and the floods college student was a chimera which could occasioned by such a storm, it is safe to never stand the test of practical expert- assume that the people will be justified in ment. calming their fears, if they ever had any, What the Bear Valley reservoir is capa- about the stability ol the structure. Alter ble of doing in the way of providing a sup- the present season the occapation of the ply of water for irrigation a few points present darn will be practically gone, as Irom an exhaustive paper by L. M. Holt the new one will have superseded it in will show. The watershed of the reser- holding back tho floods, voir has an area of seventy-seven square The present dam, however, has had the , Hiiles, or 40,280 acres. One foot of rainfall will put 49,280 acre feet of water in the reservoir, not allowing any wastage by seepage and evaporation, and will more than fill the present reser- voir, which has a capacity of 40,040 acre feet. Two feet of rainfall equals 98,560 acre feet; three feet of rainfall, 147,840 acre :redit of adding many millions of wealth o this country, and of being the founda- ion to a system thar will in time add vealth to this section equal to more than louble the present assessed wealth of the jounty, and a good portion ol that wealth irill be lound along the north side and ivest end of the great Ban Jacinto valluv irithin the bounds ol the Aiessandro and Perris irrigation districts. Here we have the capacity of the Bear valley watershed to irrigate 105,639 acres of land annually, taking the rainfall of tho past eight years. Besides doing this the reservoir is tilled, which will a id to the capacity to irrigate annually 57,680 acres, making a total of 253.321 acres. Then tne company will form a small rewrvoir on the Santa Ana river that will ; irrigate 12,000 acres when completed. This reservoir will more than fill ever}' year. The company also have their plans laid for constructing a canal from the Santa Ana river around and along the north side of Hie canyon, then through a tunnel ii?go the reservoir; also another canal from Whitewater river around the east side of the mountains, to empty that stream and others into the upper end of the reservoir. These two canals drain a watershed of eighty-tire square miles, or 55,400 acres, which, with the s:ime rainfall that has fallen at Bear valley dam, will put into the reservoir 272,000 additional acre feet of water annually, thus giving the company a total of 537,000 acre feet of j water annually with which to irrigate ! that number of acres of land under the flow of their canals. Besides these systems of supply, the Bear Valley Company has still another which is now for the first time made public. In the San Jacinto Valley, a short distance from the town of Moreno, is a lake or laguna, which in time of Hood becomes a large body of water. Surveys show that by throwing on earth embankment across a narrow gap between two hills at the lower extremity of the hiice a reservoir may be formed which will contain water sufficient to irrigate i\ large area lying at a lower level in the vallev. Into this reservoir the water will be ttirned from the Alessandro and Whitewater pipe lines when it is not needed lor irrigation, and thus not a gallon will be allowed to run to waste that would other- wise be lost during the non-irrigating sea- son. Space forbids minute description of the scheme, but the outline shows it to be one of great magnitude, and one that reflects the greatest credit upon the enter- prise of those who saw the situation and were quick to seize it. To J. \V. Nance or ! Ferris belongs the credit of first suggest- , inir and setting on foot the steps to carry I out this design. It is expected "that work j will be commenced at an early day upon the dam. Besides supplying the Redlands and Highlands settlements with an abundance of water, the Bear Valley company have made arrangements to furnish an ample supply to the Ferris and Alessandro irri- gation districts, comprising together over 43000 acres of fertile land in the San Jacinto valley. These lands, by the way, furnish a marked illustration of tde immense increase in values brought about throuch irrigation. So long as there was no prospect that they would ever be sup- plied with water they could not be sold for as much as $5 an acre. Just as soon as it was demonstrated that water could be put on them they were eagerly bought up at $40 an acre, and as soon as the plans were made for putting the water on the land thousands of acres were sold at i from $60 to $100. Before n, drop of water I was actually in sight, over 8000" acres hacTj been sold at the range of prices men- i tioned, and tho value has been steadily increasing ever since. A more beautiful valley than the one under discussion could scarcely be fjund, or one with a soil and" climate better adapted to a wide range of horticulture. The Bei-r Valley Irrigation Company is the strongest combination of capitalists to-day operating in Southern California not even excepting the railroad companies that are haulms the produce of this sec- tion to market. This seems like a strong statement, but let us consider a few facts. The company has a capital stock of j $4,000,000. Of this $3,000,000 are common | stock and $1.000,000 preferred. The surplus income of the company is first used to pay an 8 per cent dividend on the preferred stock. The surplus income of the company after paying this dividend is used to pay whatever dividend it may have on the common stock. The promoters of the enterprise the men who owned the property prior to the formation of the new company last De- cember had so much confidence in the future of tho undertaking that they sold their property to the new company, taking their pay $2,400,000* in the common stock of the company, leaving the preferred stock to be taken by those who might prefer to take the 8 percent annual or 4 per cent semi-annual dividends. As soon as the new company was fairly on its feet there came a demand for the new stock, and in one month's time $250,- 000 of the stock was sold in the East at par, thus indicating the true facts of the case very clearly, that the property was worth $4,000,000. Some purchased the preferred stock, while others preferred the common stock. The property now owned by the Bear Valley Irrigation Company includes: 1. The Bear valley reservoir, with all the wnter rights thereto belonging. 2. The water flowing in the Santa Ana Ferris nooden pip? Hue. river on the surface at the mouth of its canyon, subject to the claims of the north and south fork ditches. 3. The tunnel (incomplete) under tho bed of the S:inta Ana river, and the water secured thereby. 4. Tho canals, pipe lines and ditches es- tablished for the distribution of water in the 6an Bernardino valle}', and all" con- tracis and income, present and prospect- ive, of the Bear Valley Land and Water Company. i 5. All the property and acquired rights of Uie Bear Valley and Alessandro Devel- opment Company, including 21,000 acres of land, kucvjvn as C;e Alessandro tract, less the amounts already sold therefrom, with all contracts for sale, mortgage notes and income, present and prospective, of the said company. The Alessandro District. The writer some littie time ago being in the southern part of the State and hear- ing so much said of Alessandro, its phe- nomenal growth, etc., was tempted to turn aside, visit the fountain head and see for himself what caused that place to be in the mind of and a prominent sub- ject of conversation with nearly every per- son we met. So a visit was paid to Red- lands, the headquarters of the Bear Val- ley Irrigation Company, and some of the chief actors of the drama were inter- viewed. The readers of the CHRONICLE are already familiar with the famous Bear Valley reservoir, built by the equally famous engineer, F. E. Brown, and his associates, some five years ago, to whom Redlands owes its present prosperity, as, if it hud not been for them ther would have been no Bear Valley dam, and if there had been no Bear Valley dam there would have been no Redlands, as it is to- day with its 3000 people, its seven churches, its public schools, railroads, horse cars, telephone, opera-house, hotels, beautiful avenues, orange groves, etc. In fact the enterprising, beautiful city of Redlands, the objective point of so many tourists, would probably never have been. It was through the efforts of the same men that Alessandro was born. Six months ago it was only an ordinary child, a vast barren plain, covering an area of 21,000 acres, a tract of land thirteen miles in length by three to four in width, where nothing but sagebrush and cactus plants could grow. Although nature had done everything for it in location and natural scenery, it remained for the hand of man to bring water from the moutains forty miles away and cause it to bud and blos- som like tiie rose and bring forth its fruit in due season. Capitalists from the East, seeing what had been done in RedJaruls during the past four years with brains and water, were ready and willing, and a com- pany was soon formed with .$4,000,000 cap- ital to undertake the project of reclama- tion. Ditches have been dug, mountains have been tunneled, the pipes have been laid through wlwcn water is now running, and orange groves, peach and prune orchards and vineyards tnat have sprung up since October last are to-day being irri- gated at Alessandro. Over 100 houses have been built and are now occupied by the owners thereof. Some 2500 acres are already set out to oranges ami other fruit, and thousands of acres of yellow grain are now being gathered. The new town of Moreno has been laid out, and nearly $20,000 was realized at the re- cent sale of town lots. Four brick block* are nearly completed and will be occupied as soon as finished. One store is now open and doing business; two brick yards are running full time; over fifteen miles o cement pipe have been manufactured on the grounds; a Congregational Church has been built, in which services have been held for the past two months; foun- tains are to-day playing at Moreno; a tel- ephone line is already up connecting Alessandro and Moreno with the corn- ! pany's headouarters at Redlands. Of the original purchase of 21,000 acres, over 9000 acres have already been sold, in nearly every instance to actual settlers, whose in- tentions arc to improve their lauds at once. There are no doubt many lovely valleys in Southern California, but one should see Aless.mdro before deciding on a place for a future home. It lies nearly south- east from Redlands, t a distance of eight miles, over an elegant road built by the Bear Valley Irrigation Company, 'at an expense of ,$5000. By this road one enters Alessandro at the head of Redlands boule- vard, near the mouth of the main tunnel, which is 2300 feet in length. The visitor drives down this boulevard, which is 120 feet in width, past the lands of the Ales- sandro Orange Grove and Fruit Company, which comprise 700 acres, nearly all or which is planted to oranges and deciduous fruits, to Moreno, a distance of four miles, where the driveway intersects with Ales- | sani.ro boulevard, also 120 feet iu width, running east and west the entire length of ttie tract, or thirteen miles, the western terminus being only seven miles from Riverside. The California Southern Railroad passes I through this western end, with two trains i each way daily. There is a station at the Alessandro town site, with a good hotel ' now doing a lair business. Parties can bring their families here while building their homes. Alessandro lies between Redlands and Riverside, the two places celebrated throughout the United" States as raising the best oranges in the world. They will soon have to share this honor with Aies- sandro, as the soil, climate and general lay of the land have been pronounced oy ex- perts to be fully equal, if not superior, to either of the above places, and fully as brilliant a future is predicted for this new competitor in the field. TDLABE DISTRICT. AN OKGANIZATION WHICH IS WITHOUT A FLAW. The Bonds Approved by the Court and Placed on a Sure Foundation. Travelers who have had occasion to pass through the San Joaquin valley, and who have visited the different sections of that j vast region need not be told that no more j fertile section can be found than that { which includes and immediately sur- | rounds the city of Tulare. It is but a few ! years since this entire section was unin- i habited, uncultivated and apparently des- i tined to remain in that condition for an ' indefinite period. Sheep and cattle found i sustenance on the heavy growth of natujj Map of Sear Valley irrigating system. ral grass which the winter rains caused the fertile soil to produce, but beyond that these waste acres afforded no return to their owners. A few years ago some enterprising settlers decided that with water for iniga- tion these lands could be made produc- tive, and in the face of great opposition they proceeded to build canals and satur- ate the thirsty soil. Their efforts were rewarded in a manner that they had not dreamed of. Irrigation proved indeed a magic wand, and nowhere in all the State have more wonderful results been seen than here. The desert has been converted into a garden, and the choicest fruits ever seen in the market have been grown here. As time went on it became evident, however, that private enterprise was un- equal to the task of supplying water to these vast plains, and the \Vright Irriga- tion law was hailed as the one thing needed to enable the entire valley to be settled up. The matter of the formation of an irrigation district was discussed for some time before action was taken. The law was but imperfectly understood, an ! it took some time to educate the people up to the desirability of co-operation in this important matter. The success of other districts, however, finally led to de- cisive steps being taken. A petition was circulated, and received the requisite number of signatures, and on July 1, 1889, it was presented to the Board of Supervisors. There was considerable opposition to the organization Irom parties who claimed that they would realize no benefit Irom such an organization. Some claimed that their land was sufficiently moist, others that tbey had other water rights, and others that their land could not be prop- erly irrigated by thesvstera contemplated. However, on July 13, 1889, the petition was granted as modified, most of the objectors being left out. The election for the organization of the district was held on August 24, 1889. The number of votes cast for and against was as follows :jj&477 ayes, 7 noes. The following-named directors were elected: J. W. Mackie, W. B. Cartmill, A. P. Merritt, J. F. Gribsou and S. Rich- ardson; also, A. 0. Erwin, assessor; A. Fay, collector, and John A. Goble, treas- urer. The first meeting of the board of directors was held and organization effected on August 31, 1889. On May 12, 1890, the board of director* ordered an election for bonds to the amount of $500,000, to be held on June 7, 1890. The election was held with the fol- lowing result: ayes, 348; noes, 50. The board met on July 1, 1890, and or- dered the issuance ot bonds for the full amount offered. Two hundred thousand dollars of these bonds were advartised for salo as required by law October 8, 189')- first board of directors of said district was) $50,000 were purchased by J. Goldman & elected, be arid the same are hereby approved j ?l;i?r^v a e |nf '.n 8 ?An at T 9 ^ J^iln^ "Aiff*2tath ordered, adjudged and de- I their face value and on January 2, 1891, cr ~ ed that all the proceedings had by or under also received at par value $100,000 for water rights. There are yet remaining to be disposed of $150 000 of the bonds ad- vertised, and $200,000 vet to be advertised as soon as the construction work de- mands it. These bonds are a lien upon the lands of the entire district (including the city of Tulare, Tulare qbunty), comprising about 37,000 acres of the present assessed value i ot $1.500,000, or which means an actual ! value of at least $3,500,000 to $4,000,000, and when the entire system is completed this valuation will undoubtedly be doubled, perhaps quadrupled, by the im- provements which will inevitably follow and the possibility which the presence ot water implies. The proceedings for the formation of this irrigation district and all proceedings which might affect the validity or the le- gality of these bonds have been examined md passed upon by the Superior Court ot Fulfi-'o coir '.y, and judgment has been rendered approving and confirming the same in all respects, as may be seen from the following: In the Superior Cour 1 - of the county of Tu- lare, State of California; in the matter of the Tulare Irrigation district; case No. 2329, judg- ment. Tins cause came on regularly lor hearing be- fore said court on the 15th day of September, 1890, the said board of directors appearing by J. \V. Davis as its attorney aud A. L. Rhodes as counsel, no person having demurred to or answered said petition herein filed or appeared in opposition thereto. Ami it appearing that said court on the llth day of August, 1890, ordered that the petition herein be set down for hearing on the 15th clay of September, 1890, at the opening of court on that day at the courtroom of said court at the ! Entrance to Alcssandro Pipe Line Tunnel. the authority and direction of said board of j directors, for the purpose of the issue of the j bonds of said district, to the amount of five; hundred thousand dollars ($500,000), includ- ing iu said proceedings the estimate made by- aid board of directors mentioned in said peti- , city of Vlsalia,in said county, and that the i tiou, of the amount of money necessary to be lotice, in the form j ra i s od for the purpose of constructing th clerk of this court cause a n j. raised for the purpose of the iiee- of the filing of WMd petition ;' e ssarv canals and works, and acquiring the to be given and published in the manner pre- ! necessary property therefor, and otherwise car- scribed by law; and it further appearing that r ryin g out the provisions of the said act under said notice has been duly given aud published j w hi(ih said district was organized; and inc;ud- ime and in the manner prescribed by ino- in said proceedings the election mentioned law and pursuant to said order, to wit: by the in said petition, which was called aud held ion of said notice once a week for three successive weeks before stiid 15th dav of Sep- tember, 1890, in the WecMy Tulare Register, a newspaper published in tiie city of Tu'Jare, in said county the office of said board of directors being required to be kept, and having ever since the organization of said district been kepr, in suid county and also by the posting of { .,. such notices for at least twenty days before the < 2x!~ ; x* said 15th day of September. 1890, in three ! ?? upon the question whether the bonds of said i district, in the amount aforesaid, should be issued; and also including iu said proceedings the order of said board of directors that the bonds of said district, in said amount, be issued by said board in the manner and form pra- I said act, and also including the public places "in each of the election precincts ! atta of said district. s, and the coupons thereto and the same are hereby ap- , proved and confirmed. And this cause having been tried on said 15th day of September, 1890, by the court without a jury, and the testimony, both oral aud documentary, having been heard, and the : same having been submitted to the court for decision, aud the court having made and filed its findings of fact mid conclusions of law and its order of confirmation, and ordered thai, judgment be entered iu accordance therewith in favor of said petitioners; Wherefore, by reason of the law and findings and orders aforesaid, it is ordered, au.i and decreed that the said Tulare Irri district was duly organized by and under the direction of the Board of Supervisors of said ; county on or about the SM dav of September, 1889; that the first board of directors of said true and correct copy of the original decree irrigation district was duly ek> ! | d judgment ot record and on file in my all the proceedings o i Super- oflice ^Jj, f a j h ^j ^preun'to set' my hand , SS dfstrict* was'r the 15d ', and affixed the seal of the above-named court j it is further ordered, adjudged and de- been and now is a duly and legally organized irrigation district, and that it possesses full power and authority to issue and sell, from time to time, the bonds of said district to the amount of five hundred thousand dollars ($500,000), and it is ordered that said peti- tioner pay the cost of this proceedings. W. W. CROSS, Judge. Decree entered this 15th day of September, 1890. Attest: JOHN G. KNOX, Clerk. By T. W. HOLDER, Deputy Clerk. I hereby certify the foregoing to be a full,. this 24th day of September, 1890. JOHN G. KNOX, Clerk. By T. W. HOLDER, Deputy Clerk. The proceedings for the formation of the district, the issuance and sale of bonds, have been thus examined, ap- proved and confirmed by the court. The time for appeal has expired, no appeal has been taken, and the decree of the court quoted above has thus become final. The status of the bonds is thus irrevocably fixed, and as an investment they certainly cannot be improved upon. The present financial status of the dis- trict is good; it is on a solid basis. In- cluded within the boundaries of the dis- trict are 36,719 acres of land, the city of Tul are being also within the limits. For 1890-91 the assessed valuation of the dis- trict was $1,468,153. The actual cash value of the real estale is over $3,500,000, and there are at present 1100 names on the assessment roll. After the necessary legal formalities had been complied with the next step was the commencement of actual work on the canal system, by which water was to be diverted irom the Kaweah river, the source ot supply that had been chosen. Work was commenced on the main canal March 1, 1891, and there are now 3% miles completed. The material en- countered in building the canal consisted of earth, hardpan and solid rock. The completed work was done in one con- tract divided into three sections, as fol- lows: Section 1, composed of eartn and hardpan; section 2, composed of earth, hardpao. and solid rock; section 3, com- posed principally of earth. Twenty thou- sand cubic yards of hardpan were removed from sections 1 and 2, 9300 cubic yards of solid rock were removed from section 2 and 40,000 cubic yards of earth were re- moved from section 3. In the three sec- tion's there were removed 118,000 cubic yards of earth, 9300 cubic yards of rock and 20,000 cubic yards of hardpan, mak- ing altogether 147,300 cubic yards of mate-, rial removed in bulletins 3% miles of the main canal at a cost of $30,000. The hard- pan required blasting, but afterward scrap ers and plows were used to complete the work. In taking out the 9300 cubic yards of solid rock the work was very lv:>.rd and expensive, $1 a cubic yard being tho prico paid. The main canal will have a capacity of 500 cubic Ieet of water per second, or more than sufficient for the Entire area of the district. The portion now completed is 64 feet wide on the bottom and 84 feet on top, with an average depth of 6 feet, Ihe average fall of the canal per mile is 1^ feet "The side slopes of the banks are one-half to 1 and 2 to 1, and they are neatly trimmed. In fact the entire work done is the personificati m of neatness. The maximum grade is 3 feet per mile and the minimum 1 foot per mile. Numerous check weirs are required in order to regu- late the velocity, so as to prevent too great an erosion of the blinks. There have been five miles of canal built in the district, all earth ex. avation, no other material hav- in" been encountered. One hundred thousand cubic yards of earth have been removed at an expense of $8000. Two bridges carrying flumes, as shown in the accompanying illustration, have been built. Tho * one across St. John's river consists of two spans, 90 feet eacli, altogether 450 feet of trostle and bridge, to curry Hume, including 250 feet of ap- proaches. This bridge is built of iron and wood in combination resting on cylin- drical piers of iron filled with concrete. There are six of these piers under the bridge supporting the flume that have a diameter ot three feet each. The two on the north bank stand on a solid rock foun- dation. The two in the middle stand on a foundation made of piles driven as far down in the bed of the channel as possi- ble. The other two have hardpan foun- j dations and are so protected with piles | and rock that they cannoc be disturbed by : high wter or floating debris. The flume is lined with dressed redwood lumber and is 9 ieet wide and 4% feet deep. The en- tire structure is substantially built. The brulge across the Kaweah river is a pile bridge 352 ieet long, carrying a flume which is'lO}^ feet Wide and 4)^ feet deep, and built similarly to the other one. The bridges, flumes, head gates, two drops and sluice gate were built at an expense of $13,000. The bridge work reflects great credit on the builders, the San Francisco Bridge Company, and on the engineer in charge, George E. Field. Eight and one-half miles of main canal remain to be built to complete the system to the district. It will be all valley work and will be excavated at a minimum cost. \ This makes the entire length of main ' canal 11% miles. There will be no dam in the river, as it is not necessary. The j river will be tapped by the canal at a point j where the canal bed is lower than the bed of the river. This will effect the saving of a great item of expense. A head gate built of timber 10 feet high and 60 Ieet wide will be built in the canal 100 ieet down from the mouth. This gate will govern the flow of water. There will also be a sluice gate built one-quarter of a mile below the headgate to carry off the sand which may accumulate in the canal. There will be seven lateral canals, varying in width from 10 to 40 feet, covering a'clis- tance of 40 miles and carrying water to all parts of the district. A storage reservoir will be located near the head of the main canal, at Paige's ranch, having a depth of twenty-five feet at. its lowest part and an area at. the sur- face of the water of 880 acres. Ii will con- tain 576,000,000 cubic feet of water. At twenty-seven Ieet in depth it will contain over 635, 000, 000 cubic feet. The reservoir will be less than a half-mile from the river and only a short distance from Che j main canal. It is a natural basin, and an- i other such site would be difficult to find, j A separate canal will be constructed to ' carry the water from the Kaweah river to the reservoir, and it will be built similarly to the main canal with headgate and will run through a smooth country which will .. minimize the cost. A small dam will be built at the head ol trie reservoir co pre- vent the back flow of water, but this dam will be so located that it will have to maintain but little pressure of water. At the outlet of the reservoir a cut twenty to twenty-five feet through a ridge or hill oi solid rock will have to be made, thereby necessitating but a small expense for a dam. Almost the entire pressure of water, when the reservoir is full, will be against lofty mountain sides, solid as the eternal Dam of Modesto and Tulare districts. . hills themselves. The entire cost of the work done so tar is $47,600. The probable cost to complete the entire svstern, including the storage reservoir, will be $350,000. It is hoped that the system will be completed within six or eight months, and that water will be distributed throughout the district next year. This is a very feasible project as far as expense is concerned when com pared with che work and difficulties other districts Have encountered. All of the constructed work has been done in three montb?. This is very quick ! work, when all the difficulties attending' it are considered, and reflects credit on the constructing force under the personal supervision of J. A. Graham, chief en- gineer; C. H.' Congdon, construction en- gineer- S. 8. Watson, contractor, and C. P. Randolph, superintendent of construc- tion. The directors of the district are: J. W. Mackie. president; W. B. Cartmill, A. P. Merritt, J. F. Gibson, E. DeWitt, E. Oakibrd, secretary. The district has been remarkably fortu- nate in not meeting with any serious hindrances. About the only difficulties so far encountered have been securing ritrhts of way without condemnation suits. . rora $50 to $150 an acre has been asked for right of way by landowners outside o the district. So far the board has nob had to pay for any rights of way to landown- ers in the district. It must not be understood that the ter- ritory embraced within Tulare Irrigation district is a desert waste and will remain in that condition pending the perfection of its system of irrigation. Irrigation has been extensively employed within the dis- trict for a number ot years, with the re- suit that there are now many orchard and vineyards as thrifty as may be found in the State. But the water supply has been uncertain and landowners have not planted and improved as tney will when | greater certainty of water is secured. The consummation ot the plans of the district will niake assurance of water ab- solute and will stimulate the creation of wealth as nothing else can. Indeed, the mere fact of formation of the district has imparted so much courage to property- owners that above 6000 acres contiguous to Tulare have been set to trees and vines since the work of organization began. With less than 5 per cent of poor land in the district there is practi- cally no limit to progress, for nlmrf ~.r product which may be grown eisewner with profit will find a congenial home 1:1 the deep alluvial soil of Tulare Irrigation district. _ EAST RIVERSIDE. 1 THE WONDERS WORKED BY THE APPLICATION OF WATER. A District Whose Foundation Cannot Be Excelled in Any Particular. As the CHRONICLE has always told us, the prosperity of large portions of California: depends on the development of irrigating ; water. Water is the Aladdin's lamp which will by its magic presence cause stately palaces to rise from barren ground. ; Costly palaces and rose-clad cottages will ! replace the sagebrush and cactus only be- i cause the water will make the conditions f of such elegant life possible. Given the rich, red soil and the stimulating sunshine, and then by adding the sparkling, life- giving water you have the three graces, who will superintend the transforming of the desert into the garden that blossoms as the rose. The contrast between the sunburnt mesa and the dark, irlossy, in- cense-breathing orange grove is like that between Tartarus and Paradise ; and yet this contrast may he seen any day at Riverside. The two tracts are separated only by a gleaming strip of water ten or twenty feet wide. To "bring about this glorious change from utter barrenness to deepest veraure is the object of the corporation known as the East Riverside irrigation district. This association of property-holders, rep- resenting some 3000 acres of land adjoin- ing Riverside on the east, was formed un- der the provisions of the Wright act last winter for the purpose of putting water upon the tract. The officers of the dis- trict are: H. W. Robinson, president of thw board of directors; J. A. Van Arsdale, secretary; F. C. Finckle, chief engineer; Hurgraves & Bledsoe, attorneys. The di- rectors are: A. J. Rankin, first division; \V. 11. McCulley, second; G. W. Page, Finishing the Alessandro pipe line. third; John C. Dickson, fourth; H. W. Robinson, fifth. It did not take long for the wide-awake j men at the head of this enterprise to find : where their water was to come from. ; Some five miles northwest of Coiton and : ' eight from the highest corner of the tract | lies a body of damp land full of springs, j This is one of the outlets of the vast sub- 1 terraneaii reservoir which collects at the foot of the lofty range separating San Bernardino valley from the desert. At this point by bearing wells a permanent supply ot artesian water is obtained. The district has purchased from Messrs. Gar- ner and McKenzie sixty acres of these lands for the Bum of $30,000. One well has already been sunk which flows thres feet above the surface of the ground at a depth of 250 feet. Several years ago a complete and costly water system, consisting of pipe line and cemented canal, was constructed to and over a large portion of the territory of tlja < East Riverside irrigation district. It ws4 known as the Vivier.de system, and covers 2000 acres of the lands above the Gage canal. Owing to litigation about water rights the plant has never been used, and a short time ago the whole property was sold to the new district for $100,000, the owners of the Vivicnde taking their pay in bonds of the district at par. Included in the bargain was the use of 150 inches of water for the present year, which was im- mediately turned in and is now flowing through the tract. The district by this gains a great point, as it gives them an- other year in which to develop their own supply of 600 inches, and at the same time enables them to sell, and the purchaser^ to improve their lands at once. To complete the water system for the whole tract the Viviende pipe will be lengthened somewhat a v t both ends, con- necting at the head with their wells and being continued above the present dis- charging reservoir to the highest point on the lands of the district, which is 1225 feet above sea level. Those who are skeptical about the feasi- bility of bringing water upon these up- lands from sources many miles distant should stand where your correspondent stood the other morning, on the rim of the reservoir which receives its crystal waters from the capacious throat of the big pipe and discharges it into the cement ditch which conveys it without loss to tha thirsty lands below. The scene was in- spiring. It was a tvpical California morn- ing. The blue sky was flecked with fleecy clouds and Irom our lofty standpoint there were distinctly visible the valleys of far- famed Riverside, East, South and West Riverside, also Coiton, Rial to, Highlands and Mound City, the intervening hills cutting off the view of Redlands on the east and Pomona on the west. Now is it not strange and interesting that by American enterprise and skill sixty acres ot land so wet as to be worth- less should be forced to yield its moisture to oOOO acres of land so dry as to be worth- less, raising the value of the small tract from nothing to $oO,000, and that of the large tract from nothing to $1,000,000 I It is true that it will cost $150,000, and per- haps $200,000 to work this marvel, but the immediate rise in value will closely ap- proach a million, and the resulting in- crease will be far more than another million in the ten years, measured by what has been done on the Riverside plain already. By the couitesy of President Robinson, to whose business foresight and indomit- able energy the success of this great enter- prise is largely due, your correspondent was lately driven over the improvements now rapidly taking sliape under this new canal. A handsome office is being fin- ished off for the district's use, situated close to both the motor and Santa Fe Railroad Hues in East Riverside. It stands in the district, its location being in section 6, township south, range 4 west, San Bernardino meridian. Mr. Lyon, a Canadian gentleman, is making the largest improvements thus far. lie has built a large house for hi men, of whom he has twenty constantly employed. He is preparing the ground for planting sixty acres of orange tress. Mr. Lyon will expend some $35,000 this season on his pl^.ce. Mr. Hartwell has a> forty-acre orchard already planted, flumes built and all in ship-shape. Messrs. Kirk, Wilson, Butler, Rankin and others have tasty homes and thrifty young groves, past which in silvery streams the iiying water shoots and leaps and dances as it gladly sings Its way across these favored lands. To show the high estimation 'n, which these new lands are held, I need bonds, thus bringing the total price well up toward $400. And they are worth it. Finer soil or location never "lay out doors." The view commands the entire valley from range to range- the kind of Your Chamber of Commerce says irri* gation bonds are a good investment, pro- vided the law is complied with and the lands are of eood quality. This makes the bonds of this district tirst-class,. because the land is in the same lamous belt in which Riverside lies, ana is of the same quality. It is admirably adapted to grow- ing fine oranges, a business which pays an interest of lu or 15. per cent on a value of $2500;per acre. This is tne figure recently paid lor the ten-acre grove of B. F. Allen, situated some two miles from the East Riverside district line']. Owing to the elevation, 1100 to 1200 feet above the sea, these lands are even better than those of Old Riverside, because they are freer from frost. The pipe line was built by Mr. Finckle, an engineer of tried skill and iirat-rr*- ability. It consists of about five miles kwenty-four-inch steel pipe, tested to re- sist a pressure lour times as great as will ever be imposed upon it. The pipe is car- ried across the Santa Ana river under the track of the motor trestle; also across a deep arroyo by following tne con- tour of the ground. The rest of the lins this is a district which was not organised j- or speculative purposes. It is almost tuirtv _fi ve yea rs since the colony of Ana- s- Jong sine* been conceded the proud title of the mother of the colony system of California. Here may be found the very acme of what irrigatiftn performs in the increas e of land values. Boa-lit originally % the trifling Bum o^2 an acre, tha original colony lands of Anaheim can scarcely be purchased now for a thousand times as much. Fortunes have been rea ij ze d here from no more than twenty of land coup i e d with diligence ami abundant supply ol water, and for- g are yet to Q ^alized under the new der ot * tningg bv wn ich wa ter will be lurnished to thousands of acres of hitherto "drylands" while the old irrigation system of Ann- heim faas beeu produclive fn more wealth . th(m Qne caR cred | t> yet it became evi- deat to the emerpn-m^, progressive p ie that under tne 5ystem esta Wished fc y the Bright law it was capable of .vast e ^ tension> Examination showed that water could be had sufficient to irri-nt.^, resent area, and it was Mffiif^ed was the all parties interested in the population and i dltfct i 1889 agitation upon the sub- ' into the organization of they will A and vineyards of the new-found paradise. Those who are looking for homes in the snnnv South and who wish to begin the charniing process of converting $300 land into $3000 orchards had better come and look over these precious acres at once. ; J- H - B - ANAHEIM DISTRICT. THE MOTHER OP THE SYSTEM OP CALIFORKU. ^ J^Sing^at the proceedings^ of said toard in proVidioig for aad authorizing the is- iue an d sale of the bonds of said district be examined, approved and confirmed by tms and J.S Scar bo'rou^h ap- faring for the petitioners, and De Valle^A 1830, and" on the last-named day said duly and regularly came on in opon A Munificent Showing in Support of Bonrts-Araple Security for Their Fuymeilt. If there is any one district in the State ' which has a right to be proud of the show- ing which it makes, no matter from what standpoint the comparison be made, it is Anaheim. It need scarcely be said thai submitted to tSpHfSjp and evidence so taken ana in- troduced as aforesaid, and duly considered the same, aud being fully advised m the premises, and it appearing to the satis- laotion of the court that the board of directors of the Anaheim irrigation district duly filed in this court a petition uuclei and in pursuance with the provisions of an act of the Legislature of this State, approved March 30 1^9 entitled "An act supplemental to an | iact entitled 'An act to provide for the organ- ization and government of irrigation districts, and to provide for the acquisition of water and other properly, and for the distribution of water thereby for irrigation purposes,' ap- proved March 7, 1887, and to provide for the examination, approval and confirmation or proceedings for the issue and sale of bonds is- sued under the provisions of said act." That said petition, among other things, stated the facts showing the proceedings had for the issue and s^ale of the bonds of said dis- trict, and stated generally that the said irriga- tion district was duly organized and that the first board of directors thereof was duly elected, and that thereupon this court fixed a further proceedings Jmve oeen uiuen tnerei n. Section 6 of the act of the Legislature of this State, approved March 15, 1889, last above mentioned, reads as follows: . 6. An appeal from an order granting or refusing a new trial, or fro'm the judgment, must be taken by the party aggrieved within ten days after the entry of such order or judg- ment." It will be observed, therefore, that the find- ings and decree above mentioned became final on the lUth day of June, 1890. There are several decisions of the Supreme Court of this State bearing upon the various questions arising under the foregoing acts, among them being that of Irr. Dist. vs. De time for the hearing of said petition, to-wit, j Lappe, 79 Id. 352, where the entire act is cou- Monday, the -1th day of March, 1890, at 10 M. of that day, and ordered that the clerk of this court give and publish a notice of the filing of said petition. And further appearing lerk of this court did notice of the filing of said petition in the man- ner and for the time prescribed by such order .and by the statutes in such case made and pro- vided, and that said notice stated the time and place fixed for the hearing of said petition and the prayer of said petition, and that any p >r- sidered and sustained. This last decision covers almost every point which can properly he provisions of is such a owi difference fact that there the value o the laiid situated therein, occasioned by the presence or absence of facilities ior irriga- tion, much of which will be obviated When the system of irrigation now under the organization of said i wnen ine system 01 i rngation now under roceedines for the issue consideration by the board of directors eons interested in district or in the proceedings for the issue or sale of the bonds of said district shall have been perfected. The real prop- might, on or before the day fixed for ?erty alone is subject to assessment for the the hearing of eaid petition, demur j payment of these bonds. This comprises f aes within this application ha been given as required by lt u 8 boundaries the city of Anaheim and law, and this court having examined all the -the nourishing viiJage of i ullerton. ihere proceedings which have been taken in the or- are upward oi 3000 inhabitants now with- ganization of said district and in providing for and authorizing the issue and sale of the bonds of said district, and it appearing there- ji 1 rphvi-i from to the satisfaction of this court that said " A district was duly and legally organized, and that it has duly and legally provided for and authorized the issue and sale of the bonds of said district to the amount of six hundred thousand dollars (8600,000), for ing the necessary property and rights therefor, and ot erwise to carry out the provisions of an actof the Legislature of the State of California, approved March 7, 1887, entitled "An act to provide for the organization and government in the district. The real property was as- sessed upon the last assessment roll at was considered at the lime to be 33 per cent of its- real value. About 50 per cent thereof is now im- proved, and' exclusive of the city of Ana- heim and village of Fullerton is chiefly devoted to raising oranges, walnuts, apri- ! to $750 per acre. The greater portion of the unimproved will be equally suscepti- ble of improvement upon the adoption and completion of the system of irrigation now determined upon by the board of di- 1 zya^ W^.&'-SSHB a i ;s "^^sg^vyzzj* EZ for the distribution oi water thereby for Irriga- tion purposes," and furtner appearing to the satisfaction oi this court that the issue of said bonds by said district has been duly and regu- larly improved by a vote of the qualified electois oi said district at an election held for that pui pose, in conformity with the statutes .in such case made and provided, and further appearing to the satisfaction of this court that every act required by law in the organization of said district and in providing for and author- ent embraced within its boundaries twan- j ty-eight miles of main ditches and sev- j eaty-two miles of distributive ditches, all of which it, is proposed to condemn and I acquire under the provisions of said act by means oi the funds derived from the Bale of these bonds. The latest step in the operation of the district was taken on April 18'th, when the stockholders of the Anaheim Union mug the issue and sale of such bonds has been i Water Company adopted the following ^^^^^ 3en taken in conformity with law, and this court having duly made and filed herein its findings of fact and conclusions of law thereon and ordered that a judgment and decree be en- tered herein in accordance therewith, Now, therefore, by reaso"ii of the law in the premises and the findings of fact and conclu- sions of law as aforesaid, it is hereby ordered, WHEREAS, At a meeting of the board of directors of the Anaheim Union Water Com- pany, held on April 18, 1891, the following resolution was duty adopted as a basis of settle- ment, to wit: "That when the Anaheim irri- gation district shall have expended the sum of $100,000 in improvements in accordance with _...,... .... -v,.~,,.~v., * ^ --., x,.^w*w. the plans of the engineer, now on file, then the adjudged and decreed by the court that all of Anaheim Union Water Company will accept the proceedings for the organization of said $150,000 in cash, or its equivalent in bonds, Anaheim irrigation district and of the board subject to the approval of the stockholders, of directors thereof, and all the proceedings of provided the Anaheim irrigation district pro- fcaid district providing for and authorizing the issue and sale of bonds of said district be, and ceed to carry out this agreement within one rear from the date of ratification by the stock- holders;" and, whereas, we deem it for the they are, hereby approved and confirmed. Done in open court this 18th day of Aoril, best interests of the said Anaheim Union 41890. J. W. TOWNER, .Water Company that e proposal in said Judge of the Superior Court. Thereafter, on June 5, 1890, a motion for a new trial having been previously made was denied; that no appeal has ever been taken resolution contained be fully carried out; now, therefore, be it Resolved, That we hereby ratify and confirm the notion of said board of directors in adopt- frorn the order denying the motion for new i ing said resolution, and hereby authorize and trial or from tho judgment and no oth^r or ; direct them, as far as we may legally do, : __ in letter and spirit the resolution aforesaid, and to make, execute and deliver all deeds, contracts and agreements necessary to convey all the property of said company to said district. What basis the bonds of this district stand upon may be seen from the fact that the canal system purchased for $150,000 has actually had expended upon it at least three times that sum, while by the valley, ana tiiere is, uiereiore, tar less danger from damage by unseasonable rainfall than in Ies3 favored localities. There is scarcely anything in the wide- range of horticultural products known in the State that has not been successfully introduced here. A notable addition to the large area of orchard arid vineyard now under cultivation at Grapeland is the 80- acre olive and French prune orchard ' just established by Mr. McComb, a well- average outlay of $18 46 an acre (the cost j known mining expert from Oro Grande, of supplying the whole 32,500 acres with With abundance of means to enable him water) the value ot the present irrigated j to purchase the most favorable location, lands will .be increased at least 400 per without regard to price, ha has settled cent, 'ihe improved lands in the district here and will spare no pains to make his are now yielding annual incomes of $100 ' /..,.,.., ,-,, , to $500 per acre, and the unimproved lands will soon be in a similar condition. What better security there could be for the payment of interest and the redemp- tion of the bonds it would be difficult to imagine. AN ORGANIZATION THAT SOLIDLY FOUNDED. IS orchard one of the best in the State. The land owners at Grapeland decided over a year ago that their best interests demanded their organization as an irnga-. tio.n district under the provisions of the . Wright act. Accordingly, after taking the necessary preliminary steps, the act- GKAPELAND DISTRICT ! &"$& *&?&&*& UM.tLi .UJJAUU -LMLO 11.11. 1UJ_ 'Grapeland district. There were a few; opponents of the district and these were ! I accordingly left out. But the benefits of ' organization have become BO apparent i that these excluded land owners have now petitioned to be included within the ; ! boundaries. The vote lor organization ! was unanimous, but subsequently a little , trouble arosa and it became necessary to go before the courts to have it adjusted. The point raised in opposition to the is- suance of bonds was that a number of the - organizers of the district were occupants of Government lands upon which they had not secured patents, though having of - complied with the lows in all respects. As such quest ons have arisen in other lo- calities it is worth while quoting a portion of the decision of Judge Otis of San Ber- nardino overruling this objection. The case was entitled James F. Har- mon vs. Grapeland Irrigation District. The Judge in nis decision said : "It is contended on part of defendant, Grapeland Irrigation District, that the amended complaint substantially admits the regularity of all the proceedings had in the formation of the district, and all sub- Where the Oranjre and the Lemon Thrive Land Made Valuable by Water. One of the principal landmarks Southern California is the mountain locally known as "Old Baldy," but more properly San Antonio. Situated just west of the Cajon pass, it towers aloft thousands of feet above the beautiful valley at its feet, in which are the prosperous, beautiful settlements of Ontario, Pomona, River- side, etc. Close to the base of the mount- ain, nestled snugly against its granite foundations, is the locality known as Grapeland. With a magnificently fertile sequent proceedings, including the election soil, a warm, sunny southern exposure, an elevation of 1700 feet, and a climate that is absolutely perfection, no one acquainted with Southern Calitornia need be told that here all manner of citrus and deciduous fruits, vines, etc., thrive with a profusion and an absence of disease or danger of damage from frost that is absolutely un- known in the more exposed contiguous sections. as to the issuance of bonds. The com plaint details the various steps taken ta create the 'district and in furtherance of the issue of bonds; and while the complaint contains general averments of the irregularity of such steps, we fail to discover that any informality or irregularity in such proceedings is made to appear out- side of such general averments. The par- i ticular allegations of what was done will I control, of course, such, statement of a mere general conclusion. Without re- ferring in detail to the allegations of the On these stmny slopes oranges are grown which challenge comparison with any in the world. In this deliciously dry, desiccating climate, fruits may be dried in complaint, it is sufficient to say that the open air that rival the choicest pro- comparison of the averments of the steps ductions of the most skillfully managed j taken to organize the district, and looking - to the increase of bonds and the require- evapj^rators. Sun-dried peaches put up here last year yielded the producers 27} cents a pound, while raisins from Grape- land district always bring a better price than those of any other locality in this part of the State. "Because of the remark- able climatic advantages enjoyed here, ments of the statute in their behalt, shows a compliance with the law. and fails to disclose any irregularity. The third para- ( graph of the complaint alleges a ununi- ' mous vote for the organization of a dis- tiict of all votes cast, stated to have been the raisin grape matures fronTten days to j thirty-one. The sixteenth paragraph al- two weeks earlier than elsewhere iu the j leges that not more than ten of them were I Scene in Grapeland District, foot of Cucamonfja mountains. the votes of legal and qualified voters, but this does not negative the idea that two-thirds of all the legal votes were in favor of the formation of a district, but, on the contrary, directly supports the same. The argument that 8396 acres of land within the district boundaries is Government land, and the argument that such being the case it was improperly in- cluded within the district, is, in our opin- ion, without force. If Government land cannot be assessed or burdened with lien 8 for the satisfaction of a public indebted- ness, as is conceded to be tae law, then no attempt to subject such Government land to such charge would cast any cloud upon the title to such lands, and plaintiff can- not complain. If, as is also conceded, the possessory right of complainant, and the improvements made by him on such Government land, aro proper sub- jects for assessment, there would seem to be no valid objection to such assessable property being included within the dis- trict and subjected to its proper share of the burden of taxation, and plaintiff can- not complain. As suggested by counsel, there would seem to be no substantial difference between the inclusion of Gov- ernment lands within county boundaries, and the subjection of improvements on the same to taxation for county purposes, and the inclusion of Government lands within the boundaries of other political subdivisions, such as an irrigation dis- trict, and the subjection of improvements thereon to taxation. An injunction will not issue to restrain a pub- lic officer, or board of officers, from performing a duty which the li!W imposes upon them. It is the duty of the board of directors of every irrigation district, in the event that a majomy of the votes cast on the question of issuing bonds are 'Bonds, yes 'to immediately cause bonds to be issued' (using the words of the statute). By paragraph seven it appears that a majority voted 'Bonds, yes.' It does not appear that there were any votes of ' Bonds, no.' The duty of the board then was to forthwith issue bonds, i and no injunction can run against such issue. "On the grounds stated therefore we are of the opinion that the demurrer to complainant's amended complaint should be sustained, the respondent diachaged from the order to show cause, and the re- turning order vacated, and it is so or- dered." Bonds to the amount of $200,000 were therefore issued, but have not yet been sold, as it has not been fully decided from what source the water supply will be de- rived. The district has rights to Lytle creek, and can also obtain water by stor- ;i age. while the projectors of the Arrowhead reservoir enterprise, referred to elsewhere, also offer to furnish water for a low rate. The bonds have been issued at the rate of $18 54 an -acre, which it is believed will be sufficient to provide the entire district with water. Indeed, such has been prom- ; ised. This low cost of water, by compar- ison with adjacent districts, is particu- larly gratifying, and of course adds irn- ] mensely to the value of the bonds as a security. The men voting the bonds are not speculators, but are actual cultivators of their own lands, and of course are actu- ated solely by the desire to procure water , at the lowest possible price. The present assessed value of the dis- trict is over $800,000, and while lands with- out water are practically valueless, those thnt have a supply are, readily disposable at $150 to $300 an acre. At the ' lowest | price the lands of the district will be j worth over $1,600,000 by the expenditure | of the $200,000 voted for water. In every respect the grape land district challenges comparison with any other or- ganized or situated in anything like sim- i ilar circumstances. The officers of the disirict are as fol- i lows: President, J. D. Ousterhout; secre- i tary, E. T. Myers; directors J. D. Ous- | terhout, W. Dl Nevin, J. L. Adams, A. G. Perdew, E. T. Myers; treasurer, J. A. Scott; collector, A. G. Pier; assessor, E. E. Scott. MADERA DISTRICT. OVER THESE HUNDRED THOU- SAND ACRES INCLUDED. Sketch of the System That it Is Proposed to Construct Bonds Issued. The Madera district is the largest, with a single exception^ of ah that have been or- ganized under the Wright act, it contains 305,000 acres, and careful estimates place the cost of obtaining water at $850,000 or a little over $2 78 an acre. It was organized in December, 1888, the vote in favor being 292, while but 5 opposing ballots were cast. On the bond proposition the vote stood 243 to 7. This district has superior advantages over other districts in the State, by which an adequate supply of water for irrigation can be secured at the lowest coat. The principal advantage lies in the fact that the San Joaquin river, the largest stream that traverses the valley, flows along the boundary line of the 'district, and the Fresno and Chowchilla rivers pass through it. In connection with the other works to be built by the district, the board of di- rectors have tiled on four large lakes, lo- cated high up the mountains, in the Minaret region. These lakes were lower than usual when liled on, yet they con- tained an immense amount of water. The dimensions of the lakes are about as follows: Shadow lake, one and one- half miles long, three-quarters of a mile wide and forty feet deep; Island lake, two miles long and three-quarters of a mile wide, depth of water, thirty feet; Summit luke, three miles long and one mile wide, depth of water, thirty leet. The outlets to these lakes are very narrow and through high, rocky walls where substantial dams can be built at a minimum cost. A dam fifty feet high will suffice to reservoir eighty feet of water in the lakes, ea timat- ing the present depth of water at thirty feet, which is lower than an average. It is practicable to turn the water from the lakes into the San Joaquin river at any time when the natural supply of water from the river is not sufficient* for the needs of the district. It is estimated that when the work of reservoiring shall have been completed 200.000 acres of land in the district can be covered with water one foot deep from these lakes. Those alone will irrigate the entire dis- trict after the natural flow of the river has been exhausted. These lakes are led from the mountains of perpetual snow above them, and in several places there are beds of snow sixty feet deep. Water from this source is unfailing, and can be depended on from yoar to year. The probable cost of storing this water will be from $40,000 to $00,000 iess than the amount set aside by tne Doaru 01 directors for that purpose. Directors Roberts and Mordecai have been over the country and made a per- sonal observation of the lakes that have been filed on. They are confident of the feasibility of the reservoir plan, and con- sider that it insures the district an abun- dance of water tor all purposes. According to the report of Geo. Manuel, engineer of the district, ttie survey for the main canal starts at a point on the San Joaquin river about one-quarter of a rnile above the point where Fine Gold gulch enters the latter stream.' At this point the river flows through a narrow canyon or gorge, the sides of whica are several hundred feer- high, and composed of granite rock; the river is confined to a channel sixteen leet wide at low water. The proposed dam will be about sixteen feet long on the base, about 25 P ii mpton , secretary; ' direi tion is this: Here are 23,000 acres tors-J. W. Nance, George P. (Jakes, W. F. Perry, Arnold E. Colby and Israel Metz. These gentlemen nre each and all practical irrigators themselves, and among i them are the most successful agriculturists ! Of laud possessing all the elements of fertility, but which, without water, are so unproduotive|that $5 or $10 an acre would be a large price. For years and horticulturists in the valley. Thev it was not oeheved that there existed any have gone neart and soul into ( ho WQ supply of water available for these lauds. But at length some enterprising men ap- peared on the scene, and after looking the country over they demonstrated that water in abundance could be had. Imme- diately upon the faith of this demonstra- tion alone the lands were eagerly sought tor at $30 to $10 an acre. Then an irriga- tion district was organized, contracts en- tered into for an abundant supply of water piped in every direction for the average cost of $25 an acre* Then the lands took another jump to $80 and $100 -- coated an acre, and when the water shall be run- ning through the pipes (which will be within six weeks) a still further increase in values will take place. Enough has al- ready been accomplished hero to show that thft largest returns ever realized in any branch of horticulture are certain to be repented, and that these lands, when covered with productive orchards and vineyards, will return incomes of hun- dreds of dollars to the acre, and will sell readily for many hundred per cent more than their value to-day. It was in May, 1890, that the Penis irri- gation district was organized, tho area in- cluded being 17,680 acres. Last month other property-owners petitioned to be in- cluded, and the district was therefore en- larged so as to reach nearly 23,000 acres. In the election for the organization of this district but one dissenting vote was cast, arid when the proceedings were taken before the court for con firm. 1 , tion no con- test was made. The bonds of the district are therefore placed beyond the reach of opposition in any shape. .Bonds were voted to the amount of $442,000, and of this amount $240.000 were paid to the Bear Valley Irrigation Com- pany for water, which is to be delivered the coming month by pipe line through the Alessandro tunnel, described else- where. The balance of the bonds wiil ba used for defraying the expense of con- structing the" subsidiary pipe lines for carrying the waier to each individual ract. Tiie security that tho bonds cf the Perris district have can be seen from the fact that the total assessed valuation of the lands before irrigation was $'J7D,G52, the actual cash value being at least 75 per cent greater. Bui with the water supply provided with the bonds the valuation will ' be doubled and Quadrupled within a very short time. That this is no un- founded assertion may be seen from the '.act that already sales have been made of unimproved lands under the pipe system of improvement and have already sur- mounted obstacles that have discouraged others and kept other localities in the background. N The directors of the district are now busUy engaged in perfecting their pipe- - line system, in order to be in readiness for i the water which will commence to he de- livered to them in July by the Bear Valley Company. These pip'e lines are of steel, 3 wood and cement. Where the pressure is the heaviest the best quality of steel pipe, asphaltum, is used. Several miles of redwood pipe, bound with steel bands, will also be laid, a3 the illustraticn elsewhere shows. Leading from the pres- sure pipes oi steel and wood are laterals of vitrified clay, which will deliver the water to each tract throughout the district. ! When completed there will bo no more i perfect or economical system of irrigation J in the State than that of this distrrct. Under the contract of the Perris district ! vrith the Bear Valley Water Company the I landowners of the district have taken : 20,000 of what are known as the class B water certificates. Each of these certifi- cates calls for water enough to irrigate an acre of land, and at the time the contract was made it was worth $15. Since then, the price has been doubled, thus giving the Perris district an immense advantage. ; Under the contract the Bear Valley Com- pany agrees to deliver water at a point > agreed upon to the district, free of all further expenses, aa follows: The water represented by eight hundred (800) certificates will ba delivered, as above set forth, by the Bear Valley Land and Water Company on or before April 1st, A. D., 1891. The water represented by twenty-two i hundred (2200) more certificates will be de- i livered as above on or before April 1st A. D., 1892. The water represented by two thousand (2000) more certificates will be delivered as above on or before April 1st, A. D. 1893. The water represented by two thousand (2000) more certificates will be delivered as above on or before April 1st, A. D. 1894. Tho water represented by two thousand (2000) more certificates will be delivered as above on or before April 1st, A. D. 1895. The water represented by the remainder of said sixteen thousand (16,000) certifi- cates, and also of the additional four thousand (4UOO) certificates, shall be de- livered as above set forth in such quanti- ties and at such times after April 1, LS95, as the Perris irrigation district shall di- rect. o/ Turlock canal. !An enthusiastic resident of Ferris writes thus concerning its many; advantages and ; attractions: "While California as a whole offers far greater attractions as a place of residence, in the prospects of health, comfort and prosperity, than can be found 3H any other State, it is generally admitted that the soutnern counties possess a luiler j measure of the advantages than the northern part of the State. Within the : limits of these there are also diversities. Near the coast, where the weather is pleasant the year around, it is not warm enough to produce the orange to periec- tion; in the interior valleys, where the temperature as a rule is suitable to the production of semi-tropical fruits, there is frequently alack of water for irrigation and in some places there is none for do- mestic use. Some parts are visited occa- sionally by winds which, although mere ! zephyrs in comparison with the hurri- canes that are frequent east of the Rocky mountains, are strong enough to be dis- agreeable and sometimes injurious to the ripening fruit. A locality to be thor- oughly desirable should possess a climate suitable to the growth of semi-tropical fruits, plenty of good water lor domestic and irrigating purposes and freedom from strong winds. It should also possess good transportation facilities. The coun- try around Perris can justly claim the possession of these advantages. At various places in the valley young orunge trees may be seen which, quite unprotected, hnva passed through the last two winters without harm, while our raisins were ready ibr the packing-house last season by the time our neighbors began to pick their grapes from the vine, thus demonstrating that oar climate is well suited to orange and raisin culture. Witn regard to our water supply it may be stated lhat in ad- dition to the Bear valley reservoir we have a subterranean reservoir of the purest water at an average depth of thirty feet j which is believed to be inexhaustible, a j now of about twenty miners' inches hav- j ing been drawn from two seven-inch wells j, by a steam engine, continuously, nearly j! twenty -four hours, without lower- ii ing "the water in -the wells. It is evident from this that should J an accident at any time temporar- | ( ily cut off our supply from Bear valley our orchards need not be in any danger Irom lack of water. On ita comparative freedom from high winds Perris may be as much congratulated as on its abundant water supply. While it is not claimed that strong winds are quite unknown around Perris, it is claimed that they ara as seldom here as anywhere in the Btate. Situated on one of the main lines of the greiit Santa Fe Hailroad and within a short distance ol the Southern Pacific at Colton, lew towns have Deiier transporta- tion facilities than are offered at .Ferris." The writer can add that of his own per- sonal knowledge, and after an inspection of every prominent locality in Southern California, it is his unbiased judgment that the section about Perris offers advan- tages which are not surpassed in any part of the State, and which are certain within a few years to make this the center of a population and a prosueriiy equal to any- thing California has ever seen. CENTRAL DISTRICT. THE HONEEB SYSTEM OF CO- LUfiJA COUNTY. A Splendid Showing: of Security Upon Which the Bonds Are Eased. Following are the reports of R. de Laffe and C. E. Grunsky, respectively the sec- retary and chief engineer of Central Irri- gation district of Colusu county. These reports apeak for themselves and show the favorable conditions existing in this dis- trict. As will appear from the Supreme Court decisions and other matter pub- lished elsewhere in this issue, it will be seen that the legality of Central Irriga- ..ion district bonds haa been fully es ' lished by the courts: Central Irrigation District was organ- ized on December 31, 1887. It contains i 156,550 acres, which, in 1888-89. was as- : sessed at $2,962,922. The levy at the rate of 50 cents on each $100 was $14,814 61. In :> 1889-90 tho total assessed value of the L property was $2.912,436- and the tax levy at 50 cents was $14,562 18. In 1890-91 the - assessed value was $2,720,779, and the ' total levy at the rate of $1 was $27,267 79. , The assessments for the three years have * i been collected and paid into the treasury. ! The total cash value of the real estate and _ the improvements thereon within the dis- ' trict is fully $5,000, 0'JO. The property, without regard to irriga i tion, was" assessed for State and county J i taxes in the year 1888-89, as follows: j. Farming land, $2,424.183; improvements , thereon, $81,640; town property, $43,535; t town improvements, $116,715; total value ; of real estate and improvements, $2,668,- \ 073. At tho election held November 22, 1887, ; for tho organization of the district the : i ''irrigation! s ts" polled 271 votes and the il i "non-irrigationists" 51 votes. At the || 'election held April 2, 1888, for the issu- ance of bonds in the sum of $770,000 "bonds aye" received 225 votes and , "bonds no" received 35 votes. 'At the ! election held April 2, 1890, for the election ; of district officers, .irrigation candidates ! received 398 votes and non-irrigation can- didates 21 votes. The bonds issued mature in twenty years, are dated July 1, 1888, and bear in- ; terest at the rate of 6 per cent per an- num, payable semi-annually, and are of the denomination of $500 each. Of these ; bonds fifty were reserved for payment to secure right of way for the canal, forty- .| nine of which have been delivered for that i purpose, 1450 have been advertised for , sale" and awarded as required .by law, of j which 550 have been delivered and the money received therefor. i There are, therefore, 599 bonds now out- j standing, aggregating the sum of $299,5UO, I and 900 bonds yet to be delivered. All in- f terest on the 'bonds outstanding has been paid to January 1, 1891, and there is money in the district treasury to pay the .interest accruing from tho above date to July 1, 1891, on nil outstanding bonds. The col- lection of assessments for the payment of Map of Central Irrigation District. east of Willows (now the county seat of Glenn county.) It extends southward from that r>oint for nearly forty miles, and it has an average width of between six and seven miles. It includes w" ' " the towns of Maxwell and skirts the town of Willows. The district lies just to the west of th west side depression of Sacramento valley, in a region where the ev s made annuuily, and the proper amount set apart in the bond fund for that purpose. Contracts amounting to the sum of $527,- , 000 have been let, and the contractors are 1 now at work excavating aud consti'U'jUng the canal, and over $2,000,000 have been paid on the construction of the works. From the report of C. E. Grunsky, chief engineer of the district, it appears that the Central irrigation district lies in the very heart of Colusa connty, which, as- Is shown by the United States census of 18*0, did in thac year produce 2 per cent ' ot all the wheat grown in the United m- .,- j. o This district is situated m the Sacra- mento valley, upon the west side of the Sacramento river. Its upper or northern- most end is about ten miles to the north-. face, where soils ara deep alluvion and where nature haa granted an average an- nual rainfall (which ordinarily falls be- tween December 1st and May 1st) of fif- j teon inches. The Sacramento river, which is at high stages in the spring of the year, and re- mains at moderately Inch stages until August, and which does not fall to its lowest stages until lute in autumn, is the source of water supply for Central irri- gation district. The head of the district canal will be pon tho west bank of Sacramento riven* at a point near the extreme northern line oi Colusa (now Glenn) county. The canal will cross Stony creek at St. Johns, and will thence flow in a southwesterly direc- tion p ast Willows, where it will cross the M>rthern Railway. H-. goneral direction after reaching a position about three mil-as wcvsL of the railroad, is southerly, until it is west of Williams, thence it is south- easterly to its termination at Cortina creek. It will be cut to a grade line fall-! mento valley. their slope is away from the canal toward the eastern boundary of the district, which lies near the bottom of the depres- sion in the west-side plain of the Sacra- ing one foot in 10,000. its course through- , out is in heavy soils, and the loss of water in transit to the lauds of the district will he small. The canal wilt carry water six teet deep when lull. It will be ninety-six feet wide between levee centers, eighty- four feet wide on the water surface when i full, sixty feet wide on the bottom, and its Near the canal the fall of the land to- ^ardthe castor southeast is generally, about ten feet per mile. It decreases to five feet and even less as the eastern edge of the district is approached. The exceptional smoothness of the sur- face of the ground which prevails in this district will facilitate the manipulation of :apacity will be 750 cubic feet per second j the water. The coat of preparing lands (37,600 minor's inches). i for irrigation will be relatively small. The These dimensions will be maintained^ extension of irrigation to all parts of the for a distance of over twenty miles to near, uistrict will be rapid. Willows, where the water-surface width of The quality ol soils throughout Central the canal is first reduced to 79, and soou] district, which has a length of thirty-eight after to 74 feet.. As the canal continues miles, by an average breadth of six miles, on its course along the western line of the J and which contains 165,500 acres of land, district its width is gradually reduced mi-] must necessarily be varied. As a Whole it til it reaches the extreme southern dis- is good. Some can be ranked with the trict line with a water-surface width of 49 J choicest in the State, and none will be feet and a bed width of 25 feet. found too poor to raise alfalfa when water Water will be diverted from the Sacra- is brought to it under control. mento river without a dam, the canal' -* being cut sufficiently deep to permit a] A T m A IvrdfTvnTnm free inflow of water. This inflow will be ALIA DlSSiJilCT. controlled by means of a massive head- gate, to be constructed of brick, laid in( cement. At six miles below its head the canal will cross Stony creek at St. John's. A WELL-IHPHOVED SECTION OF Its water wi^l be conducted under the mr-fri-on r^r^^r creek-bed in seven large wooden tubes. TULARE COUNTY. The inlet and outlet of this conduit will' t be constructed or brick, laid in cement. ( {1 Benefits Derived by Irrigators From of the canal water, for the passage of the Provisions of the Wriffht drainage water across the line of the canal, T _.. for the distribution of water and for canal l^aw. crossings will be provided. At Willows the canal will cross the 1 Northern Kailway, and approaching the< that have been organized western edge of the valley lands will hold under the Wright Irrigation law included a southerly course to Cortina creek, about a little over two million acres within their lengto of S th U e th canal wuTbe sixty Su i ^ oundaries - Over one - half of the tota1 ' all across smooth-surfaced valley lands. ! nowever > 1S comprised m four districts Contractsrfor the construction of fifty- 1 tiaat are located within the limits of Tu- five miles of the canal have been Jet, and lare and Fresno counties. The immensa thirty miles of this work has at this supply of water in the rivers of these sec- writing been satisfactorily completed, tions.'the vast area af level lands suscept- l^BO^OO^cubic v^rds o? earth* hav^beVn ibie of irri 8 ation and tne comparatively excavated by the six contractors or con- low cost r furnishing water afford the ex- tracting firms now engaged on this work, planalion of this remarkable fact. at a total cost of $209,800. The only The extensive character of the water structures in place at tne present time are supply of Tulare county may be judged bridges, of which fifteen have been com- f rom a g i anc e at the geography of this re- .* i * \. c*i3w MwGii a vv ciruou ' (rjon Thpl'A fl rp flnwincr tivim fHo Qia-rfi for the construction of the headgate and the crossing oi Stony creek. westward through the broad plain into In addition to the contracts already Tulare lake, in Tuiare county, King's, Ka- awarded there are contracts to the amount wt\;.h and Tule rivers. White river, Deer of $30, 000 yet to be let to insure the com- ere,- i: :i'id other smaller streams discharge pletion and equipment of fifty-five miles Uieir waters into the valley but only in an oi tne canal, with check wiers, inlet gates ... ,, . y> , outlets, culverts, creek flumes and works exceptionally heavy winter do their wateri for the crossing of small coast range now lilto the lake, irom the Coast range, waterways. The canal will be further ex- on * vve! ? t si . de of the valley, only a few tended as the necessary rights of way are 8ma " '-reeks is.-sue, none of them of much acquired. importance for irrigation, as they art The mam canal skirts the western or onl ^ sma11 rills - savo during the highest edge of the district, which is gen- wettest portion of the rainy season, erally less than four miles wide, and, with. - Lviri 3 rlver < P ar ^ m F'ffno and partly its completion, waUr will be immediately \ n 1< r ern :inty, is the lar-est river ia available to nearly all parts of the district bout hern UftlnofUia,and drama a catch- through a distributing system of natuial iontareaofl8S8qaaM-mil*; the Kavreah waterways, crossed at short intervals by f^'fr i.s a aranuiee area 01 608 square miles; the main canal, and ail to be provided r :le river, 446 square miles; Beer creak, with headgates. ISOsquare miles; White river, 96 square The lands of the district, as has already nule*. Besides tliese there are a few smaller been stated, are smooth-surfaced, and! str ? ams . wuii W;:te i % ' sllGds lu t^e lower -[ iiiiia only taut supply water to a small ag- gregace area of farming land. From these this district could have a more secure j Streams there are constructed a number of foundation, particularly when it is borne i large canals and small ditches to convey in mind that this is no experiment, but ! the water to the farms on the plains. The that the canal system is already in opera- , total value of these works is about tion, most of the lands are now under ir- i $1,000,000. The largest is the Seventy-six rigation, and the necessary income is al- canal, taken from the south side of King's ready being derived from them to meet river, and having a carrying capacity of every charge for interest and redemption 1300 cubic feet of water per second. This of the bonds. canal measures 100 feet wide on the bot- And now a word about the canal sys- ; torn and carries a head ol water four feet tern of the Alta district, which is the fa- ; in depth. From this same river are taken mous 76 canai organization. The water ; several other canals to furnish water to for the system is taken from King's river, the northwestern part of the county. The four miles above the head of any other Kaweah and the branches forming its delta canal, the point of delivery being in the also provide water for a number of large mountains. It is diverted by means of ditches. Others are taken from both sides of the Tule river, and two or three from Deer oreek. White river furnishes no water for irrigation worthy of note. The mean rate of discharge fjom all these streams is about 6500 cubic leet per sec- ond. As just remarked, Ijhere are numerous canal 100 feet wide at the bottom, with slopes of three feet horizontal to one foot perpendicular, and intended to carry five lieet depth of water. The fall of the canal is four feet to th< mile, and it will deliver 1400 cubic feet per second. This is the main canal, and it is built out thir- teen miles on the plains. There it is di- extensive irrigation systems already in ex- Vided into two sixty-loot canals. One istence in Tulare county. Serious objec- called the Traver branch has a fall of tioni, however, have arisen to the manner eight feet to the mile and crosses the rail- in which these enterprises have been car- roa d at Traver. The other is called the tied out, and when the Wright act was East branch. This is a grade canal run- passed and its beneficial workings were ning around the eastern and southeastern demonstrated the district system was boundaries of the district. From these seen to promise the relief that was so canals innumerable laterals are built, cov- much needed. After considerable discus- ering many thousands of acres in the dis- sion, a large number of property-owners trict and carrying water to nearly all the who were dependent upon one of the old different sections. The capacity of the canal systems tor water decided to organ- canal is sufficient to cover all the land in ize under the new law, the result being | tne district a foot deep every forty-six the formation of the Alta district. idays. It was in July, 1888, that the organiza- There are fifty-six miles of main canal, was effected and some 30,000 acres were The first section, as already mentioned, included within the boundaries of the dis- j s thirteen miles long, the Traver branch is trict. There was very little opposition, twenty-live miles in length and the east the vote standing 326 ayes to 19 noes. To branch eighteen miles. The canal system make matters doubly assured, the pro- , co8 t $310,000, and $100,000 was paid for ad- caedings taken for the organization of the ditional water rights, which will be uti- distriot were reviewed by the Superior |ii ze d to furnish the entire district with Court and judgment given in their favor, jwater. no contest being made upon any point. The diversion of the water from the In February, 1889, an election for bonds r i ve r into the c^nal is made by mean* of was held,' and the bonds were ordered a brush dam, which cost $5000. issued by a vote of 242 ayes to 38 noes. The officers ot the Alta district are as Bonds to the amount of $675,000 were follows: President, W.S.Goodwin; sec- voted, and subsequently the directors re tary, G. H. Weaver; directors W. S. transferred $410,000 worth in payment for Q oo dwin, E. E. Giddines, P. Y. Baker, the water rights and irrigation system of j. D. Vannoy and T. L. Reed. the '76 Canal Company. The benefits of the district system of The security that exists for these bonds irrigation have a full exemplification in may be judged from the fact that the as- tue history of the Alta district. When sessed valuation of the property in the < tne '76 canal was in the hands of the district is $2,507,000, the actual valuation 'original owners, those desiring water were being from 50 to 100 per cent greater. jre quired to pay $5 per acre for the privi- About two-thirds of the lands are already i ege o { obtaining it, and an additional under irrigation, and within a few years sum o f 59 cents per acre per annum to the entire district will be cultivated by ifceep the caual in repair. During the last the aid of water. two or three years of its existence the This district affords one of the best ex- 'company had doub t .d on its rates as above amples of the great addition made to the |given. But counting the figures as first value of land by irrigation. Land in this !gi ve n and allowing interest on the invest- section which has no hope of a water sup- nient at the rate of 10 per cent, it will be piy is slow of sale at $1 an acre. The 8 een that in twenty years the farmer same land, when supplied with water, but Uyould have expended $25 per acre lor ir- still unimproved, brings readily from $50 to $75 an acre, and when improved the value is quadrupled, and even more. Yet the average coi-st per acre of supplying 'water is but $5 19. Thus with this small expenditure valueless lands are increased several thousand per cent. igating the land, and at the end of that time would have had no proprietary in- terest in the water of the canal. Simply the privilege of continuing to pay this w price, or any other sum the '76 company chose to collect, for the next thirty years. There are 130,000 acres of land in the In view of these perfectly well substan- jdistrjct. Bonds have been sold to the tiated facts it certainly will be difficult to bmount of $410,000 and it will require an specify in what particular the bonds of Additional $65,000 to complete the water system making a total cost of $475, 000. This is a debt ot only $3 65 an acre. The average yearly running expenses will be abouD 20 cents an acre and the interest on the bonds about about 22 cents an acre an- 'nually. Thus figured this is an expense of only $12 05 an acre in twenty years- less than half the price that would be paid to the '76 company. These figures are based on acreage. There will be a re- duction on acreage, however, from the fact that improvements are assessed, and this includes town lots in five thriving towns and an assessment on two lines of railroad. KRAFT DISTRICT. AMPLE SECURITY FOR THE BONDS THAT ARE ISSUED, A Good Source of Supply Available at Low CostThe Engineer's Report. The Kraft irrigation district was organ- ized In 1888 under the Wright act. It is located on the north side of Stony creek and in the counties of Colusa and Tehama. The district is particularly well adapted for irrigation, having a light porous soil almost entirely level, with a gentle slope of eight or nine feet to the mile toward the Bacramento river. It is situated be- tween two streams, Stony and Dry creeks. The former is in reaJUty a river, rising in the coast rangs, not far from Clear lake, and flowing in a northerly 'direction between some low hills and the foot of the mountains and receiving the wnole drain- age of their eastern flank for orer sixty mile. It drains a water shed of over 300 aqiwe miles with an average rain- j fall of twenty-five inches per annum. It breaks through the foothills at the Black or Stony creek buttes and flows eastward to the Sa.cramento river. Kraft district comprises 13,500 acres, and was organized with only two dissenting votes. The bonds were voted unani- mously to the amount of $80,000, or $6 per acre. The land in the district is assessed by the county at $15 and $17 per acre, and sells at from $30 to $45 per acre. The whole proceeding in the organization and issue of bonds has been approved by the Superior Court. The preliminary ana permanent surveys are made, and every- thing is ready to go to work just aa soon as the bon'-ls are sold. This section is capable of producing any kind of fruit grown in California, and much earlier than in many of the south- ern counties. At present there are very nearly 3000 orange trees in this district. Two years ago the Board of Horticulture reported 1963. They are all doing very well, most of them without any water whatever. M. Billiou has twenty-five bewaring orange trees that have never ha,d water, but still are doing as nneiy as i any in the State. Grnpes also do very well without water. The climate in ad- mirably suited to the raising of all fruits. I The average temperature is 62 deg. ; aver- t age rainfall, 16 inches. The frost is very light, some years none whatever appear- ing. The district lies on a sort of wash from the mountains and is consequently a little raised from the surrounding land. The soil is light and porous and is conse- quently warmer than the heavier soil in the surrounding region. "With plenty of water, which can be very easily obtained, this section will make one of the best fruit growing localities in the State. Wherever fruit has been grown on a small scale with the help of a little irriga- tion it has done remarkably well. The proposed plan of irrigation will be one of the easiest and cneapest in the State. The source of supply will be from Stony creek. A dam will be put across that stream where it flows between two buttes, and starting from bedrock will be about sixteen feet in height, which will raise the water four feet above the present level. The length of the dam will be about 5CO feet, and it will be built of heavy timber, after the crib style. The main canal will start from the head of the dam and will be sixteen feet wide at the bottom and will carry three feet depth of water. Starting irom the dam Kraft Irrigation District. i it runs in an ens teriy direction for six i miles, where it branches out into three '[sections. These branches will be ten feet wide at the bottom and the combined length of seventeen miles. A natural dry creek will be utilized tor two and a half rniles of the six miles of main creek. The district is so level that the deepest cut will only be about eleven feet, and that only for about 300 feet. The average cut >f the mam ditch will only be about five eet and that of the branches about two eet. The soil being light, the expense of ;he ditches will be comparatively small. in fact the work to be done in the district will be less expensive than almost any ther district in the State. The total cost of the excavating is estimated at $30,800, and that of the structures, including dam, head gate, waste crate, check weirs, etc., and 10 per cent for engineer expenses and contingencies, is $31,440, making the whole estimated expense of netting everything n running order, $62 ? 240. This is only >4 62 on the acre. This entire work can >e completed in six months after the bonds are sold, and it is estimated that .ands now being neld from $25 to $35 per acre will be sold for at least $100 when the ditches are completed. The land in the present district comprises 13,000 acres, but .here are 25,004 more of the finest land in ;he State that was not originally included n the district when formed, but will be eventually compelled to draw its water j supply from this district. The prim 9 movers in the organization of this district were J. H. Rodgera, T. Z. Knock, M. O'Hair, William O'Hair, J. B. Morrioey and Thomas Brown. The offi- cer* of the district are: Thomas Brown, president: C. 0. Scribner. treasurer; William Miller, secretary ; C. E. Grunsky, engineer. Directors Thomas Brown, J. B. Morricey, W. O'Hair, Samuel Ellison and J. H. Kraft. In January, 1888, preliminary surveys were made tor the Kraft irrigation dis- trict by C. E. Grunsky to "determine what works would be necessary for its irriga- tion, and to serve as a basis for the esti- mates of cost about to be made by the board of directors of the district. From the report submitted by him at that time the following extracts are made: 'Stony creek, which is your source of water supply, emerges from between out- lying hills of the Coast range, about ten miles wesj of Orland. Lava capped buttes rise to tbe height of 100 feet or more upon each side of the creek at this point. Creek bottom lands, which gradually widen as the creek flows eastwa:d, flank the creek below the point indicated, ,and gradually merge into the west side plains of the Sacramento valley. The greatest portion oi the bottom lands that thus lie between the low hills and mesas, forming the east- most spura of the Coast range, is upon the south side of the creek. The creek fol- lows quite closely the low bluff or de- clivity, in which the hills and mesas along its north bank break off toward the creek. "Stony creek has a catchment basin be- tween the summit of the Coast range and an outlying eastern spur of the mountains which has an area of about 740 square miles. Although some snow falls every winter in the higher portion of the drain- age basin, none of this lies on any of the mountains throughout the year. Most of the snoiy which falls within the line of the creeks watershed melts early each season, and after the spring months the flow of the creek gradually decreases, reaching its lowest stage at some time in the months of July to September. Even at its lowest stage the creek has a flow of atjout thirty cubic feet per secon/i (1500 miner's inches). This water remains visible in the bed of > the creek to near the point where Stony creek passes between the buttes, then rapidly disappear*, sinking into the gravel deposits in the bed of the creek, and in or- dinary seasons the water of the creek at its lowest stage does not reach the ridge near Orland. "The flow of the creek at an ordinary water stage ranges from 500 to 1000 cubic feet per second, and at its high stages the creek carries irom fite to twenty times more than the greatest amount named. "The mean annual rain Ml, averaged for the entire drainage baein of Stony creek, is about twenty-five inches. JJ early all of thi rain falls at irregular intervals be- tween the 1st of December and the 1st of May of each season. Heavy rains after the 1st of May are, however, not infre- quent. "A the drainage basin of Stony orki for the most part a region of hills and low mountains, the moisture which falls in it flows to the creek quite rapidly, and the creek does not maintain its winter flow long after the close of the rainy season. "The creek can be relied on to supply ap abundance of water to all lands that are susceptible of irrigation from it during the winter months and as late as June of each year. After that time the flow of the creek decreases gradually, and, as already stated, the flow at its lowest staee is small. "There can be no question as to the re- liability of Stony creek as a source of water supply for the lands of Kraft irrigation dis'trict, whether the diversion of water for the use of the district be made at the point where the flow of the creek is peren- nial or at some convenient point further down stream. At the same time it must be borne in mind that the higher up the creek toward the buttes that the diversion be made the more reliable does the creek become as a source of supply, and the longer (within short limits) will be the time of a free flow in the district canals each season. All else being equal it is therefore desirable to make diversion as high up the stream as can conveniently be done. "The lands of Kraft irrigation district, with but slight exception, are very favor- ably located for irrigation. The area of irrigable lands in the district is about 12,000 acres. The surface of the ground is quite smooth, and has a fall from west to east of about thirteen feet per mile. Sev- eral low, flat-topped, broad ridges extend through the district from west to east, and on these it is proposed co locate the main canals whenever practicable. These ridges are only three to seven feet higher than the broad depressions between them." The security which the bonds of this district afford can be seen from the follow- ing facts: The vote on district organiza- tion and issuance of bonds was unani- mously in favor thereof. The Superior Court has affirmed all the proceedings. The assessed value of the district is $250,- 000, or more than three times the bonded indebtedness, while by the aid of water this value will be increased several hun- dred per cent. In fact there is no (* 'strict in the State which has a better foundation than this. Selling the Bonds. As will be seen in the foregoing article on irrigation, there have been thirty dis- tricts formed embracing about 3,000,000 acres of land, for the irrigation of which $11,000,000 worth of bond? have been floated. Investors seeking information relative to bonds of any issue can obtain it from I. R. Wilbur, room 85, CHRONICLE building. He is largely interested in the placing of these irrigation bonds, and has thus far placed about $800,000 worth.. He has correspondents in all pai'ts of' the world, and so is peculiarly well able to negotiate their sale and place them ad- vantageously. These bonds are the best security obtainable, from the fact that the Supreme Court has held repeatedly that the law maKing them a first lien on the property covered by them is perfectly sound. In other words, no indebtedness against the land can be collected until these bonds are redeemed. IRRIGATION IX CALIFORNIA. The CHRONICLE in its issue of this morn- ing presents a complete, accurate and ex- haustive study of the subject of irrigation in California, a subject which is second in importance to nothing in the history of the State, the discovery of gold not ex- cepted. It has taken the question up in all its bearings, showing the origin and growth of the system, its application in practical use, the results already attained and the future which attends it. This the CHRONICLE has done because it' recognizes the necessity for what may well be called an active campaign of education. The State system of irrigation, begun un- der the act of the Legislature known as the Wright law, and carried along by acts supplementary to and confirmatory of the original law, provides for the creation ot irrigation districts and the issuance and sale of bonds of such districts'to provide funds for the necessary irrigation work. To explain the system, to enlist public sentiment on the side of irrigation, to de- monstrate the value of the security which the bonds of properly and legally consti- tuted districts otter, and to convince capi- tal that it has nothing to fear from invest- ment in such securities, has been the con- stant aim and purpose of the CHRONICLE, and that aim and purpose finds its highest expression and fullest fruition in the present issue. To make a full and fair presentation of the case, the CHRONICLE has not been of pains, labor, time or money. Not only has it collated facts and statistics on the subject of irrigation, but it has elicited and publishes to-day the opinions of capitalists, business men, lawyers and students of irrigation questions; and to every Californian the opinions of such men as C. P. Huntington, Francis G. Newlands, A. L. Rhodes and JL R. Jarboe will carry absolute conviction, since they are not given to putting their signatures to documents which are not the result of close study and careful inquiry and con sideration. In addition to these the CHRONICLE pre- sents the opinions of bankers and capital- ists, men who have money of others and of their own to invest, and whose indorse- ; ment of irrigation bonds is based, not upon sentiment, but upon the cold, calcu- lating principles of business; men whose judgment is almost unerring and who have developed a sort of sixth sense, that of detecting at a glance a safe and desir- able investment. These men do not hesi- ] tate to say what they think of the system > of irrigation which has been adopted in California, and it is safe to trust to their judgment. It may be said with entire truth that the only serious obstacle to the rapid ad- vancement of the irrigation system of California is unfamiliar! ty with the sub- ject. The plan of uniting the water and the land is comparatively a new one, the bonds of the various districts are a novel kind of security and the whole thing is regarded with some querying, if not with real suspicion, simply because it is not understood. It has been the aim of the CHRONICLE, particularly in this special number, to remove the general ignorance and unfamiliarity with this question, and we cannot believe that we have come in any way short of success. The CHRONICLE desires, with all the earnestness possible, to impress upon every citizen of California the vast im- portance of this matier of irrigation. It is a subject in which the State as a whole is or should be interested. As Secretary Rusk of the Department of Agriculture said after his return from a visit to the State, California has infinite possibilities of development in the varied domain of agriculture, and it is certain that the future of the State is indissolubly connected with I the question of irrigation. In no other way than by irrigation can the farmers, the horticulturists and the viticulturists of this State insure themselves against the deficient crops consequent upon a dry winter; but with a complete and properly managed irrigation system they may defy the frowns of Jupiter Pluvius and be prac- tically independent of a dry season. The united effort of all the newspapers in California, were such a combination imaginable, could not advance the inter- ests of irrigation without the co-operation of the people of the State. We can only point out the way. The march of progress and prosperity must be made by the peo- ple. We have shown that the advance- ment of the material interests of Califor- nia is dependent upon the success of the irrigation system, and have demonstrated in every way possible the merits and ad- vantages of the scheme. Here we must stop. The people must decide for them- selves, and, having decided, must act. We have made what we firmly believe to be a perfect case for the cause of irrigation in California, and we can do no more. The CHRONICLE cannot believe that the people of this State are BO blind to their own interests as* to disregard the lessons which this paper has been instrumental in teaching, or to pass over without study or attention the array of facts, figures and expert opinion which is presented to them. Californians are too intelligent to neglect or overlook a matter which is so direct^ in their own interest, and the CHRONICLE takes a proper and justifiable pride in asserting that its present issue is in effect a cyclopedia ol information and opinion on the great question of the day, and that no citizen of California can afford to neglect ' the lessons whidh it teaches. OF THE TJHIVBESITT ORGANIC ACT. FROM THE POLITICAL CODE OF CALIFORNIA. ARTICLE I. OBJKCT OF UNIVERSITY. SECTION 1385. The University of California (located in Alamed a County) has for its object general instruction and education in air the departments of science, literature, art, industrial and professional pursuits, and special instruction for the professions of agriculture, the mechanic arts, mining, military science, civil engineering, law, medicine, and commerce. COLLEGES TO BE MAINTAINED. SEC. 1386. There must be maintained in the University: 1. A College of Letters; 2. A College or Colleges of Science, including Agriculture, Mechanics, Mining, Engineering, Chemistry, and such other specialties as the Board of Regents may determine; 3. Colleges of Medicine and Law; 4. Such other Colleges as the Board of Regents may establish. SCOPE OP COLLEGE OF LETTERS. SEC. 1387. The College Of Letters must embrace a liberal course of instruction in language, literature, and philosophy. COURSE OF INSTRUCTION. SEC. 1388. Each full course of instruction consists of its appropriate studies and courses, to be determined by the Board of Regents. PRESIDENT OF THE UNIVERSITY. SEC. 1389. The President of the University is the executive head of the institution in all its departments, except as herein otherwise provided. DUTIES OF PRESIDENT. SEC. 1390. He must, subject to the Board of Regents, give general direc- tion to the practical affairs of the several Colleges, and in the recess of the Board of Regents may remove any employe or subordinate officer not a member of any Faculty, and supply, for the time beftig, any vacancies thus 118 REGISTER OF THE created ; and until the Regents otherwise direct, he is charged with the duties of one of the professorships. GOVERNMENT AND DISCIPLINE. SEC. 1391. The immediate government of the several Colleges is intrusted to their respective Faculties, each of which must have its own organization, regulate its own affairs, and may recommend the course of study and the text-books to be used. SEC. 1392. Any resident of California, of the age of fourteen years or upwards, of approved moral character, may enter himself in the University as a student at large, and receive tuition in any branches of instruction at the time when the same are given in their regular course, on such terms as the Board of Regents may prescribe. FEES AND BATES OP TUITION.* SEC. 1393. An admission fee and rates of tuition fixed by the Board of Regents must be required of each pupil, except as herein otherwise pro- vided. SEC. 1394. As soon as the income of the University shall permit, admis- sion and tuition must be free to all residents of the State ; and the Regents must so apportion the representation of students, according to population, that all portions of the State may enjoy equal privileges therein. FREE SCHOLARSHIP. SEC. 1395. If approved by the Board of Regents, scholarships may be established in the University by any persons, for the purpose of private benefaction or of affording tuition in any course of the University free from the ordinary charges, to any scholar in the public schools of the State who may distinguish himself in study, according to the recommendation of his teachers, and who passes the examination required for the grade at which he wishes to enter the University. COLLEGES MAY BE AFFILIATED WITH THE UNIVERSITY. SEC. 1396. The Board of Regents may affiliate with the University any incorporated college of medicine, law, or other special course of instruction, upon such terms as may be deemed expedient.; and such college may retain the control of its own property, have its own Boards of Trustees, Faculties, and Presidents, respectively ; and the students of such Colleges recommended by the respective Faculties thereof may receive from the University the degrees of those Colleges. * Tuition is now wholly FREE to residents of the State in the Colleges of Science and of Letters. UNIVERSITY OF CALIFORNIA. 119 ANNUAL EXAMINATION FOR DKGRKES. SEC. 1397. The examinations for degrees must be annual. Students who have passed not less than a year as residents in any college, academy, or school in this State, and who, after examination by the Faculty thereof, are recommended by them as proficient candidates for any degree in any regular course oi the University, must be examined therefor at the annual examination; and on passing such examination, may receive the degree and diploma of that course, and rank as graduates. SEC. 1398. All students of the University who have been residents thereat for not less than one year, and all graduates thereof, may present themselves for examination in any course at the annual examinations, and on passing such examination, may receive the degi'ee and diploma of that course. SEC. 1399. Upon such examinations each professor and instructor of that course may cast one vote, by ballot, upon each application for recommenda- tion to the Board of Regents for a degree. DEGREES TO GRADUATES OF AFFILIATED COLLEGES. SEC. 1400. Graduates of the College of California, and of any incorpo- rated college affiliated with the University, may receive the degrees from and rank as graduates of the University. CERTIFICATES OF PROFICIENCY. SEC. 1401. The Board of Eegents may also confer certificates of profi- ciency in any branch of study upon such students of the University as upon examination are found entitled to the same. DEGREES. SEC. 1402. The proper degree of each College must be conferred at the end of the course upon such students as, having completed the same, are found proficient therein. DEGREES IN COLLEGE OF LETTERS. SEC. 1403. The degree of Bachelor of Arts, and afterwards the degree of Master of Arts, in usual course, must be conferred upon the graduates of the College of Letters. SYSTEM OF MAIfUAL LABOR IN CONNECTION WITH THE AGRICULTURAL COLLEGE. SEC. 1404. A system of moderate manual labor must be established in connection with the Agricultural College, upon its agricultural and orna- mental grounds, for practical education in Agriculture and landscape gar- dening. SECTARIAN, ETC., TESTS PROHIBITED. SEC. 1405. No sectarian, political, or partisan test must ever be allowed 120 REGISTER OF THE or exercised in the appointment of Regents or in the election of professors, teachers, or other officers of the University, or in the admission of students thereto, or for any purpose whatsoever ; nor must the majority of the Board of Regents be of any one religious sect or of no religious belief. * ARTICLE II. ENDOWMENT OF UNIVERSITY. SKC. 1415. The endowment of the University is : 1. The proceeds of the sale of the seventy-two sections of land granted to the State for a seminary of learning ; 2. The proceeds of the ten sections of land granted to the State for public buildings ; 3. The income derived from the investments of the proceeds of the sale of the lands, or of the scrip thereof, or of any part thereof, granted to this State for the endowment, support, and maintenance of at least one college, where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts ; 4. The income of the fund set apart by " An Act for the endowment of the University of California," approved April second, eighteen hundred and seventy, which is continued in force ; 5. Donations ; 6. The State of California, in its corporate capacity, may take by grant, gift, devise, or bequest, any property for the use of the University, and hold the same, and apply the funds arising therefrom, through the Regents of the University, for the support of the University, as provided in Article IX, section four, of the Constitution. 7. The Regents of the University, in their corporate capacity, may take by grant, gift, devise, or bequest, any property for the use of the University, or of any College thereof, or of any professorship, chair, or scholarship therein, or for the library^, an observatory, workshops, gardens, greenhouses, apparatus, a Students' Loan Fund, or any other purpose appropriate to the University ; and such property shall be taken, received, held, managed, and invested, and the proceeds thereof used, bestowed, and applied by the said Regents, for the purposes, provisions, and conditions prescribed by the respective grant, gift, devise, or bequest ; 8. The Regents of, the Univesity may invest any of the permanent funds of the University, which are now, or hereafter may be in their custody, in productive unincumbered real estate in this State, subject to the power of the Legislature to control or change such investment, excepting such as by the terms of their acquisition must be otherwise invested ; UNIVERSITY OF CALIFORNIA. 121 9. If by the terms of any grant, gift, devise, or bequest, such as are described in the preceding sixth and seventh subdivisions, conditions are imposed which are impracticable under the provisions of the Civil Code, such grant, gift, devise, or bequest shall not thereby fail, but such condi- tions shall be rejected, and the intent of the donor carried out as near as may be. AETICLE III. UNIVERSITY CONTROLLED BY REGENTS. SEC. 1425. The University is under the control of a Board of Regents, consisting of twenty-two members ; but the President of the University for the time being, shall be a member of the Board of Regents by virtue of his office. SIXTEEN REGENTS APPOINTED BY THE GOVERNOR. SKC. 1426. Sixteen members of the Board are appointed by the Governor, with the advice and consent of the Senate. Their term of office is sixteen years. APPOINTMENT OP SIX OTHER REGENTS. SEC. 1427. Six members of the Board hold by virtue of other offices, as provided in section three hundred and fifty-three.*" VACANCIES. SEC. 1428. Whenever a vacancy occurs in the Board, the Governor must appoint some person to fill it, and the person so appointed holds for the remainder of the term. PRESIDENT OF THE BOARD. SEC. 1429. The Governor is President of the Board. QUORUM. SEC. 1430. Seven members constitute a quorum of the Board. REGENTS RECEIVE NO COMPENSATION. SEC. 1431. The members receive no compensation. i GENERAL POWERS AND DUTIES OF REGENTS. SEC. 1432. The powers and duties of the Board of Regents are as follows: 1. To meet at such times and places as their rules may prescribe, or at the call of the President of the Board; 2. To control and manage the University and its property; 3. To prescribe rules for their own government and for the government of the University; * Section 353 provides that the Governor, Lieutenant-Governor, Speaker of the Assem- bly, Superintendent of Public Instruction, President of the State Board of Agriculture, and President of the Mechanics' Institute of San Francisco, are ex officio Regents of the University of California. 1G 122 REGISTER OF THE 4. To adopt and prescribe rules for the government and discipline of the Cadets; 5. To receive, in the name of the State, or of the Board of Regents, as the case may be, all property donated to the University; 6. To choose a President of the University, the Professors, and other officers and employes of the University, prescribe their duties, fix and pro- vide for the payment of their salaries; 7. To fix the qualifications for admission to the benefits of the University; 8. To fix the admission fee and rates of tuition; 9. To appoint a Secretary and Treasurer, prescribe their duties, and fix and provide for the payment of their compensation; 10. To remove at pleasure any officer, professor, or employe of the Uni- versity; 11. To supervise the general courses of instruction, and, on the recom- mendation of the several Faculties, prescribe the authorities and text-books to be used in the several Colleges; 12. To confer such degrees and grant such diplomas as are usual in Uni* versities, or as they deem appropriate; 13. To establish and maintain a museum; 14. To establish and maintain a library; 15. To take immediate measures for the permanent improvement and planting of the University grounds; 16. To keep a record of all their proceedings; 17. Through the President of the University, to report to the Governor the progress, condition, and wants of each of the Colleges embraced in the University; the course of study in each; the number of Professors and students; the amount of receipts and disbursements, together wkh the nature, cost, and results of all important investigations and experiments, and such other information as they may deem important. INCOME ARISING PROM ENDOWMENT AT DISPOSITION OF REGENTS. SEC. 1433. The entire income arising from the endowment is subject to the trusts at the disposition of the Board of Regents, for the support of the University. FUNDS TO BE SET APART FOR CURRENT EXPENSES. SEC. 1434. For the current expenditures of the University, specific sums of money must be set aside, out of the funds at their disposal, by the Board of Regents, which are subject to the warrants of the President of the Board, drawn upon the Treasurer of the University in pursuance of the order of the Board of Regents. FUNDS MAY BE DRAWN FROM STATE TREASURY. SEC. 1435. All moneys which may at any time be in the State treasury, UNIVERSITY OF CALIFORNIA. 123 subject to the use of the Board of Regents, may be drawn therefrom by the President of the Board, upon the order of the Board in favor of the Treas- urer of the University. CONSTRUCTION OF BUILDINGS. SEC. I486. The Eegents must cause to be constructed such buildings as are needed for the use of the University. SKC. 1437. The plan adopted in the construction of buildings must pro- vide separate buildings for separate uses, and so group all such buildings that a central building may bring the whole in harmony as part of one design. SKC. 1438. The construction and furnishing of the buildings must be let out to the lowest responsible bidder, after advertisement for not less than ten days, in at least two daily newspapers published in the City of San Francisco ; but the Eegents may reject any bid, and advertise anew. TEMPORARY BUILDINGS. SEC. 1439. Until the University buildings are ready for use, the Regents may make any temporary arrangements for buildings at Oakland. ARTICLE IV. QUALIFICATIONS AND CHOICE OF SECRETARY. SEC. 1449. A practical agriculturist, competent to superintend the work- ing of the agricultural farm and to discharge the duties of Secretary of the Board of Regents, must be chosen by the Board as their Secretary. RESIDENCE AND DUTIES OF SECRETARY. SEC. 1450. The Secretary must : 1. Reside and keep his office at the seat of the University ; 2. Keep a record of the transactions of the Board of Regents, which must be open at all times to the inspection of any citizen of this State ; 3. Have the custody of all books, papers, documents, and other property which may be deposited in his office ; 4. Keep and file all reports and communications^ which may be made to the University appertaining to education, science, art, husbandry, mechan- ics, or mining ; 5. Address circulars to societies and others, soliciting information upon the latest and best modes of culture of the products adapted to the soil and climate of the State, and on all subjects connected with field culture, horti- culture, stock-raising, and the dairy ; 6. Correspond with established schools of mining and metallurgy in Europe, and obtain information .respecting the improvements of mining machinery adapted to California ; 124 REGISTER OF THE 7. Correspond with the Patent Office at Washington, and with the repre- sentatives of the Government of the United States abroad, to procure contri- butions to agriculture from these sources ; receive and distribute seeds, plants, shrubbery, and trees adapted to our climate and soils, for the pur- poses of experiment ; 8. Obtain contributions to the museums and the library of the University ; 9. Keep a correct account of all the executive acts of the President of the University ; 10. Keep an accurate account of all moneys received into the treasury or paid therefrom ; 11. Distribute the seeds, plants, trees, and shrubbery received by him, and not needed by the University, equally throughout the State, to farmers and others who will agree to cultivate them properly, and return to the Secretary's office a reasonable proportion of the products thereof, with a statement of the mode of cultivation, and such other information as may be necessary to ascertain their value for cultivation in the State ; 12. Publish from time to time in the newspapers of the State, free of charge, information relating to agriculture, the mechanic arts, mining, and metallurgy. TKRM AND COMPENSATION. SKC. 1451. The Secretary holds office at the pleasure of and receives the compensation fixed by the Board. ARTICLE V. ACADKMIC SKNATK. SKC. 1461. The Academic Senate is composed of the Faculties and Instructors of the University. GKNKRAL POWERS. SEC. 1462. The Senate must conduct the general administration of the University, regulate the general and special courses of instruction, receive and determine all appeals from acts of discipline enforced by the Faculty of any College, and exercise such other powers as the Board of Regents may confer upon it. PROCEEDINGS. SKC. 1463. Its proceedings must be conducted according to rules of order adopted by it, and every person engaged in instruction in the University may participate in its discussions ; but the right of voting is confined to the President and Professors. UNIVERSITY OF CALIFORNIA. 125 AETICLE VI. UNIVERSITY CADETS. SEC. 1473. The students of the University must be organized into a body known as the " University Cadets." SEC. 1474. The officers of Cadets, between and including the ranks of Second Lieutenant and Colonel, must be selected by the Chief Military Instructor, with the assent of the President of the University, and must be commissioned by the Governor. EQUIPMENTS. SEC. 1475. The Adjutant-General of the State must issue such arms, munitions, accoutrements, and equipments to the University Cadets as the Board of Regents may require and the Governor approve. RETIRED OFFICERS. SEC. 1476. Upon graduating or retiring from the University, such officers may resign their commissions or hold the same as retired officers of the University Cadets, liable to be called in service by the Governor in case of war, invasion, insurrection, or rebellion. REPORT OF MILITARY INSTRUCTOR. SEC. 1477. The Military Instructor must make quarterly reports , to the Adjutant-General of the State, showing the number, discipline, and equip- ments of the Cadets. 126 REGISTER OF THE THE CONGRESSIONAL LAAV. AN ACT DONATING PUBLIC LANDS TO THE SEVERAL STATES AND TERRITORIES WHICH MAY PROVIDE COLLEGES FOR THE BENEFIT OF AGRICULTURE AND THE MECHANIC ARTS. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be granted to the several States, for the purposes hereinafter mentioned, an amount of public land, to be apportioned to each State, a quantity equal to thirty thousand acres for each Senator and Representative in Congress to which the States are respectively entitled by the apportionment under the census of eighteen hundred and sixty; provided, that no mineral lands shall be selected or purchased under the provisions of this Act. SEC. 2. And be it further enacted, That the land aforesaid, after being surveyed, shall be apportioned to the several States in sections, or subdi- visions of sections not less than one quarter of a section ; and whenever there are public lands in a State subject to sale at private entry at one dol- lar and twenty-five cents per acre, the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State, and the Secretary of the Interior is hereby directed to issue to each of the States in which there is not the quantity of public lands subject to sale at private entry at one dollar and twenty-five cents per acre, to which said State may be entitled under the provisions of this Act, land scrip to the amount in acres for the deficiency of its distributive share; said scrip to be sold by said States and the proceeds thereof applied to the uses and pur- poses prescribed in this Act, and for no other use or purpose whatsoever; provided, that in no case shall any State to which land scrip may thus be issued be allowed to locate the same within the limits of any other State, or of any Territory of the United States, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States sub- ject to sale at private entry at one dollar and twenty-five cents, or less, per acre; and, provided further, that not more than one million acres shall be located by such assignees in any one of the States; and, provided farther, that no such location shall be made before one year from the passage of this Act. SKC. 3. And be it further enacted, That all the expenses of management, superintendence, and taxes from the date of selection of said lands, previous to their sales, and all expenses incurred in the management and disburse- ment of the money which may be received therefrom, shall be paid by the UNIVERSITY OF CALIFORNIA 127 States to which they may belong, out of the treasury of said States, so that the entire proceeds of the sale of said lands shall be applied, without any diminution whatever, to the purposes hereinafter mentioned. SEC. 4. And be it further enacted, That all moneys derived from the sale of the lands aforesaid by the States to which the lands are apportioned, and from the sale of land scrip hereinbefore provided for, shall be invested in stock of the United States, or of the States, or some other safe stocks, yield- ing not less than five per centum upon the par value of said stocks; and that the moneys so invested shall constitute a perpetual fund, the capital of which shall remain forever uiidiminished (except so far as may be provided in section fifth of this Act), and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit of this Act, to the endowment, support, and maintenance of at least one College where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the Legislatures of the States may respectively prescribe, in order to pro- mote the liberal and practical education of the industrial classes in the sev- eral pursuits and professions in life. SEC. 5. And be it further enacted, That the grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions hereinbefore contained, the previous assent of the several States shall be signified by legislative Acts : First If any portion of the fund invested, as provided by the foregoing section, or any portion of the interest thereon, shall, by any action or con- tingency, be diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undiminished ; and the annual interest shall be regularly applied without diminution to the purposes mentioned in the fourth section of this Act, except that a sum, not exceeding ten per centum upon the amount received by any State under the provisions of this Act, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective Legis- latures of said States. Second No portion of said fund , nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erec- tion, preservation, or repair of any building or buildings. Third Any State which may take and claim the benefit of the provis- ions of this Act, shall provide, within five years, at least not less than one College, as described in the fourth section of this Act, or the grant to such State shall cease ; and said State shall be bound to pay the United States the amount received of any lands previously sold, and that the title to pur- chasers under the State shall be valid. 128 REGISTER OF THE Fourth An annual report shall be made regarding the progress of each College, recording any improvements and experiments made, with their costs and results, and such other matters, including State industrial and economical statistics, as may be supposed useful, one copy of which shall be transmitted by mail, free, by each to all the other Colleges which may be endowed under the provisions of this Act, and also one copy to the Secre- tary of the Interior. Fifth When lands shall be selected from those which have been raised to double the mimimum in price, in consequence of railroad grants, they shall be computed to the States at the maximum price, and the number of acres proportionately diminished. Sixth No State, while in a condition of rebellion or insurrection against the Government of the United States, shall be entitled to the benefit of this Act. Seventh No State shall be entitled to the benefits of this Act unless it shall express its acceptance thereof, by its Legislature, within two years from the date of its approval by the President. < SKC. 6. And be it further enacted, That land scrip issued under the pro- visions of this Act shall not be subject to location until after the first day of January, one thousand eight hundred and sixty-three. SEC. 7. And be it further enacted, That the land officers shall receive the same fees for locating land scrip issued under the provisions of this Act, as is now allowed for the location of military bounty land warrants under existing laws ; provided, their maximum compensation shall not be thereby increased. SEC. 8. And be it further enacted, That the Governors of the several States* to which scrip shall be issued under this Act, shall be required to report annually to Congress all sales made of such scrip, until the whole amount shall be disposed of, the amount received for the same, and what appropriation has been made of the proceeds. Approved July 2d, 1862. UNIVERSITY OF CALIFORNIA. 129 CONSTITUTION OF CALIFORNIA, 1863. ARTICLE IX. SKCTION 4. The Legislature shall take measures for the protection, improvement, or other disposition of such lands as have been or may here- after be reserved or granted by the United States, or any person or persons, to the State, for the use of a University ; and the funds accruing from the rents or sale of uch lands, or from any other source, for the purpose afore- said, shall be and remain a permanent fund, the interest of which shall be applied to the support of said University, with such branches as the public convenience may demand, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the Legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said University. CONSTITUTION OF CALIFORNIA, .879. ARTICLE IX. SKCTION 9. The University of California shall constitute a public trust, and its organization and government shall be perpetually continued in the form and character prescribed by the organic Act creating the same, passed March twenty-third, eighteen hundred and sixty-eight (and the several Acts amendatory thereof), subject only to such legislative control to insure compliance with the terms of its endowments and the proper investment and security of its funds. It shall be .entirely independent of all political or sectarian influence, and kept free therefrom in the appointment of its Regents, and in the administration of its affairs ; provided, that all moneys derived from the sale of public lands donated to this State by Act of Con- gress, approved July second, eighteen hundred and sixty-two (and the sev- eral Acts amendatory thereof), shall be invested as provided by said Acts of Congress, and the interest of said moneys shall be inviolably appropri- ated to the endowment, support, and maintenance of at least one College of Agriculture, where the leading objects shall be (without excluding other scientific and classical studies, and including military tactics) to teach such branches of learning as are related to scientific and practical agriculture and the mechanic arts, in accordance with the requirements and conditions of said Acts of Congress; and the Legislature shall provide that if, through neglect, or any other contingency, any portion of the funds so set apart shall be diminished or lost, the State shall replace such portion so lost or misappro- priated, so that the principal thereof shall remain forever undiminished. No person shall be debarred admission to any of the collegiate departments of the University on account of sex. 17 -- oJ Tbritt + LECTURE HALL: Assembly Eoom of the Academy of Sciences, southwest corner of Cali- fornia and Dupont Streets, San Francisco. OFFICE OF DEAN AND REGISTRAR: Room 2, Court Block, 636 Clay Street, San Francisco. Jrattu DIRECTORS. HON. WM. T. WALLACE SAN FRANCISCO. Chief Justice, President of Board. COLONEL J. P. HOGE SAN FRANCISCO. Vice- President. HON. W. W. COPE SAN FRANCISCO. HON. DELOS LAKE SAN FRANCISCO. HON. J. R. SHARPSTEIN SAN FRANCISCO. HON. 0. P. EVANS SAN FRANCISCO. S. M. WILSON, ESQ i SAN FRANCISCO. THOMAS B. BISHOP, ESQ : SAN FRANCISCO. THOMAS I. BERGIN, ESQ. .. .__SAN FRANCISCO. fl FACULTY. , JOHN LECONTE, LL. D., President. JOHN NORTON POMEROY, LL. D., Professor of Municipal Law. WM. H. PLATT, D. D., LL. D., Professor of Ethics and Rules of Morality. S. CLINTON HASTINGS, Dean. CHARLES P. HASTINGS, B. S., Registrar. MIDDLE CLASS. NAME. ItESIPKNCK. John Q. Adams San Francisco. Charles S. Andrews, A. B. (Bdn.) San Francisco. Charles R. Barry, B. S. (S. C.) San Francisco. E. S. Belknap San Francisco. A. F. Benjamin San Francisco. D. L. Bishop Lower Lake. J. I. Boland San Francisco. C. K. Bonestell, A. B. (U. C.) San Francisco. A. C. Bradford, Jr., Ph. B. (U. C.) San Francisco. E. R. Brooks San Francisco. Earnest Brand San Francisco. V. P. Buckley San Francisco. William C. Burke Berkeley. L. W. Cheney, Ph. B. (U. C.) 1 Berkeley. Joseph F. Coffey San Francisco. Patrick Cummins San Francisco. Wallace 0. Currier San Francisco. W. R. Daingerfield, A. B. (U. C.) San Francisco. A. B. D'Ancona, A. B. (U. C.) San Francisco. Joh n D' Arcy San Francisco . Frank P. Peering, A. B., A. M., (U. C.) San Francisco. J. H. Deering, Jr San Francisco. J. B. de las Casas 1 -Oakland. Louis F. Dunand San Francisco. Peter F. Dunne San Francisco. James D. Elms Berkeley. E. W . Emerson San Francisco . J. T. Fleming San Francisco. T. F. Graber Berkeley. Theodore G*ray, A. B. (U. C.) San Francisco. Robert P. Hastings, A. B. (H. U.) San Francisco. E. W. Hawley San Francisco. Alexander Heynemann San Francisco. James E. Hughes San Francisco. UNIVERSITY OF CALIFORNIA. 137 XAMK. RESIDENOK. James A. Hall Watson ville. Samuel Irving, A. B. (U. C.) Berkeley. J. Walter Knox j. Merced. E. J. Linforth San Francisco. John M. Lucas San Francisco. Fiesco Maiidlebaum, A. B. (U. C.) San Francisco. F. C. Marshall San Francisco. D. B. Marx, Ph. B. (U. C.) San Francisco. E. J. McCutchen San Francisco. E. W. McNally San Francisco. Henry C. McPike Napa City. G. II. Mastick San Francisco. George D. Metcalf _._0akland. Leslie F. Miller San Francisco. A. F. Morrison, A. B. (17. C.) San Francisco. Edward M . Mott San Francisco. Charles II. Moore : San Francisco. Anthony Morganthal ! San Francisco. II. S. Mulford San Francisco. James E. Nagle _ San Francisco. F. M. Ostrander Merced. C. P. Pomeroy San Francisco. Martin Quinlin, B. S. (S. M.) Bodega Corners. F. Win. Reade San Francisco. S. H. Regensberg San Francisco. John W. Ryland San Jose. Alfred Sayre San Francisco. William T. Sesnon San Francisco. Charles S. Silliman San Francisco. David Simon San Francisco. F. J. Solinsky, Ph. B. (U. C.) San Francisco. Edward M. Seaman San Francisco. H. J. Stafford San Francisco. Win. F. Stafford San Francisco. F. S. Stratton ! Oakland. Edwin Swinford ' San Francisco. Matthew I. Sullivan, B. S. (St. I.) San Francisco. Gaston Straus _ San Jose. G. C. Sargent San Francisco. Calvin F. Summers San Francisco. L. P. Tidball _. ._.Saii Francisco. 138 REGISTER OF THE RESIDENCE. C. L. Tilden__. San Francisco. Alfred Tobin_. San Francisco. T. 0. Toland, A. B. (U. C.) San Francisco. Albert V. Touchard Oakland. Gustave Touchard, Jr Oakland. F. P. Tuttle Oakland. H. D. Tuttle San Francisco. W. M. Van Dyke, A. B. (U. C.) San Francisco. Charles Von Lowenfels San Francisco. Ryland B. Wallace, A. B. (U. C.) San Francisco. Adair Welker _ Berkeley. G. A.Whitby Berkeley. F. R. Whitcomb, A. B. (U. C.) Berkeley. J. W. Winans, Jr.', A. B. (U. C.) San Francisco. Ralph Wood Oakland. Geo. T. Wright, A. B. (U. C.) San Francisco. E. B. Young _ San Francisco. George A. Young San Francisco. Total 93. JUNIOR CLASS. NAME. RESIDENCE. Frank M. Angellotti San Rafael. R. P. Ashe San. Francisco. Robert B. Brenham, A. B., (S. C.) San Francisco. Joseph F. Cavagnaro, M. S., (S. C.) San Francisco. Henry Borde San Jose. A. Caminetti Jackson. John D. Connelly San Francisco. S. E. Crow : San Francisco. E. B. Cutler San Francisco. Carroll M. Davis, A. B., (U. C.) Berkeley. Henry C. Downing Wilmington. Henry Davis San Francisco. Herman A. Druhe San Francisco. Charles H. Foote Lockeford. George Flournoy, Jr San Francisco. Jacob Galland San Francisco. S. J. Garibaldi _.. San Francisco. UNIVERSITY OF CALIFORNIA. 139 NAME. RESIDENCE. Richard Gerke San Francisco . Maurice Gradwohl San Francisco. Jacob Hoeck Berkeley. P. J. Heaiey San Francisco. Henry C. Hinckle San Francisco. Joseph Hutchinson, Ph. B., (U. C.) , San Francisco. Howard R. Johjison San Quentin. Walter 1ST. Kempston San Francisco. Albert Kaplan San Francisco. "William Knox San Francisco. William W. Knott San Francisco. William D. Lawton Oakland. E. W. Levy San Francisco. Max Loewenthal Sacramento. George Luce San Francisco. John W. Lewis Red Bluff. Henry McCrea San Rafael. V. C. McMurray, Jr. Camptonville. Dwight M. McCauley : San Francisco. Frank D. Miller San Francisco*. Lansing Mizner, Ph. B., (U. C.) Benicia. Benjamin F. Moore r San Francisco. 0. F. Meldon San Francisco. M. F. O'Donoghue San Francisco. H. M. Savage, Ph. B., (U. C.) San Francisco. William Schmidt Alameda. Leander Shores San Francisco. C. A. Shurtleff . Napa City. J. Angelo Spinetti San Francisco. William II. Schooler San Francisco. W. S. Stone San Francisco. C. A. Stonesifer Hill's Ferry. George F. Schorr Gridley. Farreri Stranahan San Francisco. James ,F. Smith, M. A., (S. C.)._ San Francisco. Robert B. Tappen Alameda. R. B. Terry Stockton. B. G. Thomas San Francisco. Samuel Tevis San Francisco. E. B. Thompson San Francisco. N. M. Trezevant, A. B., (Y.) . San Francisco. 140 REGISTER OF THE E. H. Wakeraan * San Francisco. C. A. Webb Sonoma. John II. Wheeler, Ph. B., (U. C.)__^ _Saint Helena. F. P. Wickersham Petaluma. Harry T. Williams San Francisco. E. B. Williams, B. S., (U. M. C.) University Mound College. M. S. Wilson, A. B., (Y.) San Francisco. George L. Wilson Alameda. Total 66. Middle Class 98 Junior Class , 66 Total 159 * ABBREVIATIONS IX COLLEGE TITLES. U. C University of California. I St. M. St. Mary's College. H. U. Harvard University. Y. Yale College. S. C. Santa Clara College, California St. I. St. Ignatius College. U. M. C. University Mound College. Udn. Bowdoin College, Maine. UNIVERSITY OF CALIFORNIA. 141 HASTINGS COLLEGE OF THE LAW. STATEMENTS. During the present College year (1879-80) Professor J. N. Pomeroy will deliver two lectures daily at the Assembly Room of the Academy of Sciences, southwest corner of California and Dupont Streets. The Middle Class lecture at 4 p. M. The Junior Class Lecture at 12:30 p. M. Moot Courts will be held Saturdays. ADMISSION OF STUDENTS, ETC. 1. Students will be admitted to either class and fully matriculated only upon furnishing a satisfactory certificate of their good moral character, and paying to the Registrar the sum of ten dollars as a matriculation fee. Applicants for admission to the first or Junior Class must also satisfy the authorities of the institution that they possess sufficient knowledge and culture to enable them to profit by the course of study. Students applying for admission to the Middle or Senior Class must also pass a satisfactory examination in the studies of the preceding year or years, as the case may be. 2. Gentlemen who do not reside in San Francisco, or its immediate vicinity, and who are desirous of availing themselves of the course of study as non-resident students, may at any time file their application to be admit- ted, upon furnishing a certificate of good moral character, and paying the fee of ten dollars. They will then be entitled to attend as many of the lectures, exercises, and examinations as they may desire, but they will not be considered as fully matriculated students of the Middle year until they shall have satisfactorily passed the examinations preliminary to entering upon the proposed advanced class, and are enrolled as actual members of such class in regular attendance. 3. No student shall be entitled to graduate and to receive the diploma from the University unless he shall have been an actual member of the Senior Class, in regular attendance upon its exercises. 142 REGISTER OF THE CLASSES AND THE ACADEMIC YEAR. 1. The entire course of instruction extends through three academic years, and the school is separated into three classes corresponding to these three years, known respectively as the Junior, Middle, and Senior. The course of instruction in each class occupies one academic year. 2. The academic year is the same as that of the University of California, with the usual holiday recess. EXAMINATIONS, PROMOTIONS, AND GRADUATION. 1. There will be a regular examination at the close of the Junior and of the Middle year, preliminary to promotion into the next higher class. There will also be a regular examination upon all the studies of the course at the close of the Senior year, preliminary to graduation. These exami- nations will be either wholly in writing, or partly in writing and partly oral, at the discretion of the Professor of Municipal Law. There will also be intermediate examinations of each class at such times and in such man- ner as the Professor of Municipal Law shall direct. 2. Members of each of the two lower classes, upon satisfactorily passing the regular examinations at the close of their respective years mentioned above, will be promoted into and become members of the next higher class. Upon being thus promoted into and becoming a member of each higher class, every student will be required to pay to the Registrar the fee of ten dollars, for the purpose of defraying incidental class expenses. ATTENDANCE, CONDUCT, ETC. The proficiency and attainments of each student, and his right to promo- tion and to graduation, are tested by his examinations, taken in connection with the personal knowledge of his character and the knowledge obtained by the Faculty from the intercourse of the class-room. It is expected that matriculated students will regularly attend the stated exercises of school. During their presence in the class-room, and in their intercourse with the Faculty and other officers of the institution, the students are expected and required to adopt and conform to the conduct, principles, and manners of gentlemen. The authorities will exercise the right of removing any student guilty of any immoral conduct rendering him unfit for the society of gentlemen. UNIVERSITY OF CALIFORNIA. 143 COURSE OF STUDY. JUNIOR YKAR. In the first or Junior year, the class will go over the fundamental or gen- eral principles and doctrines which constitute the framework of our juris- prudence in all of its most important departments of primary or substantive rights and duties embracing the law as to persons and personal rights; the law as to personal property; an outline of the laAv as to contracts, and the law as to real property, with the exception of .trusts, powers, and remain- ders. The instruction during the year will be given by means of particular text-books, definite portions being assigned for preliminary examination by the class, with an oral exercise, discussion, or lecture upon such lessons, conducted by the Professor in charge. Reference will constantly be made to the statutory legislation of California and of other States, so far as may be found necessary, and also to leading judicial decisions involving the subject under consideration. In addition to the special text-books used, the class will be recommended to read, in connection with each topic or head of the law under examina- tion, other works in which the subject is more fully treated. It is not expected that each student Avill read all of these treatises thus indicated for collateral study, or even the whole of any treatise. A list is given from which the members of the class may select, according to their opportunities and the time at their disposal. REQUIRKD COURSE WITH THK TEXT-BOOKS. 1. The Law as to Persons, including the personal rights of life, limb, liberty, and reputation; citizens, voters, and aliens ; the domestic relations, marriage, divorce, husband and wife, parent and child, infants, guardian and ward, master and servant, etc. Kent's Commentaries, Lectures 24 to 32 inclusive. 2. The Law as to Personal Property, its nature, kind, mode of acquisition, and transfer. Kent's Commentaries, Lectures 34 to 38 inclusive. 3. Outline of the Law as to Contracts, including the general doctrines which apply to all contracts. Metcalf on Contracts, and Parsons on Con- tracts, Vol. I, Book 1, chapters 1 and 2 ; Book 2, chapters 1 and 2 ; Vol. II, Part 2, chapters 1, 2, 3, 4, 6, 8, and 9. 4. The Law as to Real Property, including all its branches, except uses and trusts, powers, and future contingent estates. Blackstone's Commenta- ries, Book 2, chapters 1 to 20 inclusive ; Washburne on Real Property, Vol. I, chapters 5 to 13 inclusive; Vol. II, chapters 14, 15, and 16; Book 2, chapter 1 ; Vol. Ill, Book 3, chapters 1 to 4 inclusive. 144 REGISTER OF THE OPTIONAL COURSK OF COLLATERAL RKADING. History and Development of the Law and its Sources. Pomeroy's Introduction to Municipal Law. Personal Rights of life, body, limb, liberty, and reputation, and the torts or wrongs by which they may be violated. See the titles, "Assault and Battery," " False Imprisonment," " Malicious or "Wrongful Arrest," "Mali- cious Prosecution," " Slander," ''Libel," aud the like, in Bigelow on Torts; Addison on Torts, chapters 12 to 17 ; Hilliard on Torts, chapters 5 to 16 ; Waterman on Trespass, Book 2, chapters 1 and 2 ; Bigelow's Leading Cases on Torts, titles : "Assault and Battery," "False Imprisonment," " Mali- cious Prosecution," "Deceit." Slander and Libel. See Townshend on Slander and Libel ; Starkie on ditto; Smith's Leading Cases, titles : Libel, Slander, Damages ; American Leading Cases, same titles ; Bigelow's Leading Cases on Torts, same titles. Marriage and Divorce. See Bishop on Marriage and Divorce ; Schouler's Domestic Eelations. Husband and Wife, Parent and Child, Infants, etc. See Schouler's Domes- tic Relations ; Reeves' Domestic Relations ; Bingham on Infancy ; Parsons on Contracts, Vol. I, chapter 17, on Infants ; Bishop on Married Women's Property ; Smith's Leading Cases ; case of Manby v. Scott, on Husband's Liability for Wife's Contracts ; American Leading Cases, title Infancy. Personal Property. See Williams on Personal Property ; Belknap on Probate. Contracts. See Langdell's Select Cases on Contracts, and portions of Smith, Chitty, Story, or Addison, on Contracts. Real Property. See Smith's Leading Cases ; case of Elwes v. Matves on Fixtures ; Williams on Real Property ; Kent's Commentaries, Lectures on Real Property ; Washburne on Easements, and Jones on Mortgages. MIDDLK YKAR. In the second or middle year the class is no longer confined to particular text-books, nor definite lessons.' In commencing each important subject (e. g. Corporations, or Agency, etc.) the class will be furnished with a printed syllabus of the lectures to be given on that topic. This syllabus states in outline the matters to be discussed in each lecture, and the various text- books and treatises, with a reference to the chapters or sections, where the questions are treated. It also gives the " leading cases," English and American, and also cites the subsequent most important decisions in which the principles have been explained, extended, limited, or applied. The class is expected to study by the direction of this syllabus, to read some one or more of the text-books referred to, and especially to study the judicial decisions which are cited. The class will thus be prepared for the oral examination and discussion by the Professor in charge, whicli are based j. UNIVERSITY OF CALIFORNIA. 145 upon the outline contained in the syllabus. As each syllabus will mention all the standard writers who may be profitably consulted by the class, in connection with each topic, no list of works for collateral reading is here given. The Statutes of the State are constantly referred to and studied. The course of study embraces a full treatment of mercantile and com- mercial law, corporations, agency, partnership, sale, bailments, bills and notes, insurance, shipping contracts, suretyship, etc., certain heads of real property law, viz. : Remainders, executory devises, trusts and powers , last wills and testaments, and the administration of the estates of deceased per- sons ; equity jurisprudence, and torts. SENIOR YEAR. In the third or senior year the course of study contemplates two distinct objects : First, the practical application of the substantive doctrines of the law, which have been studied during the former two years ; and, second, the giving to the class a more complete and perfect acquaintance with all the departments of jurisprudence than it is possible to do within a period limited to two academic years. In accomplishing the first if these objects, those branches will be pursued which constitute the remedial portion of the law. It includes pleading and practice, according to the reformed system of procedure, together with the general theory of common law forms of action, and of common law and equity pleading, and the law of evidence. The text-books, to which attention will be particularly directed, are Pomeroy's Remedies and Remedial Rights j Pleading and Practice under the California Code of Procedure ; Stephens on Pleading ; Gould on Plead- ing ; Lube Equity Pleading : Greenleaf on Evidence ; Wharton on Evi- dence. The second general object will be accomplished by instruction in the following subjects : Constitutional law of the United States and the State ; International Law, public and private ; Medical Jurisprudence ; Roman Law and General Jurisprudence ; the Principals of Morality in their application to the Law and to its Practice ; Criminal Law ; and, it is hoped, Admiralty Law, and Patent Law. MOOT COURT. A Moot Court will be established, as a regular mode of instruction, for the argument of causes and the discussion of legal questions by members of all the classes. 146 REGISTER OF THE ACT OF THE LEGISLATURE KSTABLISHING HASTINGS COLLEGE OF THE LAW [Approved March 28, 1878.] AN ACT TO ESTABLISH HASTINGS COLLEGE OF THE LAW IN CALIFORNIA. SECTION 1. That S. C. Hastings be authorized to found and establish a Law College, to be forever known and designated as " Hastings College of the Law." That the officers of said College shall be a Dean, Registrar, and eight Directors. That the Directors shall be Joseph P. Hoge, W. W. Cope, Delos Lake, Samuel M. Wilson, 0. P. Evans, Thomas B. Bishop, John R. Sharp- stein, Thomas I. Bergin, of the Bar Association of the City of San Francisco, who shall, when vacancies occur, fill the same from members of said Asso- ciation or otherwise, and shall always provide for filling a vacancy with some heir or some representative of the said S. C. Hastings. That the Dean and Registrar shall be appointed by the Directors. SKC. 2. Said College shall affiliate with the University of the State upon such terms as shall be for the welfare of the College and University, and shall be the Law Department of the University. SKC. 3. The Faculty of the University shall grant diplomas to the stu- dents of the College, and the President shall sign and issue the diplomas. SKC. 4. There shall be set apart for the use of the students of the Col- lege, some room or suitable hall at the University ; and the Board of Supervisors of the City of San Francisco is authorized to supply a suitable hall in the City of San Francisco for the students and Directors. SKC. 5. The Dean of said College shall be ex officio one of the Faculty of the University, to be designated as such by the Directors .of the College. SKC. 6. The diploma of the students shall entitle the student to whom it is issued to a license to practice in all the Courts of this State, subject to right of the Chief Justice of the State to order an examination, as in ordi- nary cases of applicants without such diploma. UNIVERSITY OF CALIFORNIA. 147 SKC. 7. This Act is passed upon the condition that said S. C. Hastings shall pay into the State treasury the sum of one hundred thousand dollars, and is never to be refunded, except as hereinafter provided. SKC. 8. The sum of seven per cent, per annum upon one hundred thou- sand dollars is to- be appropriated by the State and paid in two semi-annual payments to the Directors of the College. SKC. 9. The business of the College shall be to afford facilities for the acquisition of legal learning in all branches of the law; and to this end shall establish a curriculum of studies, and shall matriculate students who may reside at the University of the State, as well as students residing in other parts of the State. SKC. 10. Professorships may be established in the name of any founder of such Professorships who shall pay to the Directors the sum of thirty thousand dollars. SEC. 11. All the business of the College shall be managed by the Direct- ors without compensation. And all officers acting, including the Dean and Registrar, shall be appointed by the Directors and removed by them. SKC. 12. The Law Library Association of the City of San Francisco shall grant to the students the use of their library upon such terms and conditions as they may agree with the Directors of the College. SKC. 13. The object of this Act being to grant a perpetual annuity for the support and maintenance of said College, should the State or any govern- ment which shall succeed it fail to pay to the Directors of said College the sum of seven per cent, per annum as above stipulated, or should the Col- lege cease to exist, then the State or its successor shall pay to the said S. C. Hastings, his heirs or legal representatives, the sum of one hundred thou- sand dollars, and all unexpended accumulated interest; provided, that such failure be not caused, by mistake or accident, or omission of the Legislature to make the appropriation at any one session. SKC. 14. That the Chief Justice of the Supreme Court of the State, or if there be no such officer of that name, the chief judicial officer of the State or government, shall be the President of the Board of Directors, five of whom shall be a quorum to transact all business. 148 REGISTER OF THE UNIVERSITY. CONDITIONS OF AFFILIATION. At a meeting of the Board of Eegents, held August 7th, 1879, the follow- ing conditions of affiliation of the Hastings College of the Law with the University were adopted : Resolved, That the institution known as the Hastings College of the Law shall be affiliated with the University of California and made an integral part of the same, and incorporated therewith, upon the following terms and conditions, which are hereby made a part of such affiliation and incor- poration : First The Directors of said College,, named in the Act of Legislature which organized it, approved March 28th, 1878, shall have authority to fill vacancies in their Board when the same occur, as prescribed in the said Act, subject to the approval of the Board of Regents of said University, except in so far as qualified by the next section. Second Honorable S. Clinton Hastings, as founder of said College, and his legal representatives, shall always be entitled to have the appointment from his heirs or representatives of one of said Directors, without such appointment being subject to the approval of the said Board of Regents. Third The Faculty of said College shall have the authority to present to the said Board of Regents the names of such students of said College as they recommend for diplomas, and the said Board of Regents shall issue diplomas to said students, subject to the right of said Regents to refuse the same for cause: Fourth As soon as practicable, there shall be set apart for the use of the students of said College some room or suitable hall at the University. Fifth The present Dean of said College, the Honorable S. Clinton Hast- ings, shall during his lifetime have a seat in the Academic Senate of said University, be a member thereof, and have a vote therein. Sixth The said College shall be subject to the dominion of the said Board of Regents in all matters pertaining to its management and welfare. Seventh The number and duties of the Professors of said College shall be prescribed and the business of said College managed by said Board of Directors, subject to the approval of said Board of Regents. 'mrarlitmti A FACULTY. JOHN LsCONTE, M. D PRESIDENT. H. H. TOLAND, M. D., Professor of the Principles of Surgery and Clinical Surgery. R. BEVERLY COLE, A. B., M. D., Professor of Obstetrics and Clin- ical Diseases of Women. C. M. BATES, M. D., Professor of Clinical Medicine and Physical Diagnosis. M. W. FISH, M. D., Professor of Physiology. JAMES SIMPSON, M. D., Professor of Materia Medica, Therapeu- tics and Clinical Medicine. F. W. HATCH, A. M., M. D., Professor of Public Hygiene. N. J. MARTINACHE, M. D., Professor of Ophthalmology and Otology. G. A. SHURTLEFF, M. D., Professor of Mental Diseases and Med- ical Jurisprudence. ROBERT A. McLEAN, M. D., Professor of Principles of Surgery and Surgical Anatomy. A. W. PERRY, M. D., Professor of Chemistry. WILLIAM LEWITT, M. D., Professor of Anatomy. W. F. McNUTT, M. D., F. R. C. S., Edinburg, Professor of Theory and Practice of Medicine. H. FERRER, M. D., Lecturer on Pathology and Microscopy. W. H. MAYS, M. D., Assistant to the Chair of Obstetrics and Gyne- cology. GEORGE E. REYNOLDS, M. D., Assistant to the Chair of Clinical Medicine. WILLIAM B. LEWITT, M. D., Demonstrator of Anatomy. R. BEVERLY COLE, M. D., Dean, 518 Sutter Street, San Francisco. R. A. McLEAN, Secretary, 603 Merchant Street, San Francisco. 152 REGISTER OF THE NAME. RKSIDKNCK. Addington, D. M Michigan Bar, California. Bevan, A. D Salt Lake City, Utah. Bates, Walter E Oakland, California. Bettelheim, Felix San Francisco, California. Caldwell, H. H San Jose, California. Dean, A. J San Francisco, California. De Puy, A Williams, California. Downes, George W Los Angeles, California. Evans, C. W Modesto, California. Foulkes, J. F Oakland, California. Foote, Gilbert Lockford, California. Gale, Herbert A Sacramento, California. Gilham, G. W Island City, Oregon. Grattan, E. L San Francisco, California. Hopkins, T. T San Francisco, California. Howell, H. H.__l Bishop Creek, California. Hughes, L. J San Francisco, California. Harmon, R Oakland, California. Jewell, J. Grey, M. D San Francisco, California. Johnstone, A. San Francisco, California. Kent, L. A Roseburg, Oregon. Long , Seeley F Eureka, California. Le Fever, J. P Plumas County, California. Lord, Franklin F San Francisco, California. Laidlaw, Horace Oakland, California. Martin, Richard W Oakland, California. Morgan, F. E Santa Cruz, California. Mueller, Herman Brooklyn, California. Moody, Mrs. M. W San Francisco, California. Meyers, R. C San Francisco, California. Olds, W. S Walla Walla, Washington Territory. Pond, H. M San Francisco, California. Robertson, J. W San-Francisco, California. UNIVERSITY OF CALIFORNIA. NAMK. RESIDENCK. Sparks, Agnes San Francisco, California. Sawyer, Herbert C San Francisco, California. Sabey, L. A San Francisco, California. Shepard, Edwin 1 H Redwood City, California. Smith, George S San Francisco, California. Smith, Charles J Oroville, California. Sheets, J. H Phoenix, Arizona Territory. Stafford, Henry E Natividad, California. Scott, A. W San Francisco, California. Sellon, Anna French San Francisco, California. Tarter, Albert P Tehama, California. Urban, Kurt Berlin, Prussia. Van Crumbrugghe, A San Francisco, California. Voigt,-W. C San Francisco, California. Williams, "W. J. G., A. M San Francisco, California. Young, J. D Stockton, California. Younger, E. A _San Francisco, California. <3?otal__. ._ 50. 154 REGISTER OF THE ANNOUNCEMENT. The Medical Department of the University of California is located in the metropolis ; the necessary advantages for clinical teaching being only fully found in a large city. The College building, a large brick and stone edifice, is situated on Stock- ton Street, North Beach, convenient to the termini of two of the principal car routes. The College, known as Toland Hall, is replete with all the apparatus and appointments required in imparting a thorough medical education. THE COLLEGIATE YEAE. THK COLLEGIATE YEAR in this institution is divided into two sessions : a Preliminary Spring Term, and a Eegular Summer Session. THE PRELIMINARY TERM commences February first and ends about the middle of May. During this term subjects are dwelt upon that do not receive their full meed of attention during the Regular term. Clinical lectures proceed at the Hospital and College as during the Regular term. The Chemical Laboratory and Dissecting room are open for practical work. Students are expected to attend this preliminary course, although such attendance is not compulsory. THE REGULAR TERM commences June first, and ends in the second week of November. During this term all the branches of medicine and surgery are taught, didactically and clinically. Regular clinics are held three days in the week at the City and County Hospital, where the Professors of the practical chairs have charge of wards and possess every advantage for the instruction of students. There is also an active clinic conducted twice a week at the College building, where a large number of patients are exam- ined and treated before the classes. Didactic lectures are given daily by the Professors, and evening recitations are held three times a week. PLAN OF INSTRUCTION. The almost paramount importance now assigned to clinical teaching has been fully met in the curriculum of this school. While didactic teaching has not been overshadowed or neglected, the Faculty have made strenuous UNIVERSITY OF CALIFORNIA. 155 efforts to secure the most comprehensive clinical facilities the city affords, believing that a proper blending of the two methods of instruction will best insure the end and aim of this institution, viz.: the sending forth of skilled, practical physicians. The plan pursued by the several clinical professors has for its aim the actual confronting of the student with the phenomena of disease, that the senses of sight, hearing, and touch may be trained to aid in forming a cor- rect diagnosis. The method of imparting and educing knowledge is at once attractive and thorough, consisting of questions and answers on each patient examined, discussions on the plans of treatment proposed, and the exam- ination of new cases by each senior student in rotation, in presence of the class. HOSPITALS. The provisions for the pursuit of bedside study are perhaps unsurpassed anywhere. They are briefly as follows: CITY AND COUNTY HOSPITAL. This is the largest hospital on the Pacific coast, containing nearly five hundred beds. The Faculty of the Medical Department of the University is well represented in its corps of physicians. Three of the surgical wards are under the charge of Professor Toland, assisted by Professor McLean. Professor Bates conducts the general medi- cal clinic, Professor Martinache the clinic of Ophthalmology, Otology, and Laryngology. Each of these gentlemen holds clinics three times a week. The gynecologist of the hospital, Professor Beverly Cole, holds an obstet- rical and gynecological clinic twice a week. Autopsies are made every other day under the direction of Dr. H. Ferrer, who instructs the class in the art of making post mortems, and demonstrates pathological conditions by the aid of the microscope. Surgical operations of the more important kind are performed in the newly erected operating theater, a circular build- . ing capable of seating two hundred and fifty students. Operating days, Tuesday and Saturday. The hospital is situated at the junction of Twenty- second Street with Potrero Avenue. CITY RECEIVING HOSPITAL. This municipal institution, occupying part of the old City Hall, is the general receiving depot for accidents and casualties occurring on the streets of the city. Upwards of one thousand cases were received during last year. It is under the charge of Dr. C. Black, City Physician, and Dr. C. Stivers, Police Surgeon, the latter an alumnus of this school. These gentlemen courteously permit students to visit the wards daily, to be present at operations, assist at dressings, etc. SAN FRANCISCO FEMALE HOSPITAL, CLAY STREET. Dr. Hutchins, Surgeon- in-Chief of this hospital, kindly assigns cases of obstetrics to the senior 156 REGISTER OF THE students of the school, and assists them as far as possible to gain a knowl- edge of the conduct and management of child-birth. COUNTY JAIL AND BRANCH JAIL. The medical service of these institutions is, through the kindness of Dr. Black, open to the attendance of our students, who will be welcomed by the physicians in their rounds, and the various conditions and treatment explained. COLLEGE DISPENSARY. Independent of the clinics at the several hospitals, instructive clinic is given at the College building, the patients being furnished with medicine prepared in the College Dispensary, so that students learn, not only how to prescribe medicine, but how to dispense it as well a matter of great importance to those who design practicing in the country. The College clinics are held ontMonday and Thursday, between the hours of eleven and one, and consist of a Gynecological clinic by Professor Cole and Dr. Mays ; a clinic of Diseases of Eye, Ear, and Throat, by Pro- fessor Martinache ; a General Medical clinic, and a clinic of Diseases of Children by Professor Perry j a Surgical clinic by Professor McLean. To the students of the Senior Class externe cases are assigned by the directors of each of the clinics, so that the student may be practiced in the duties to devolve upon him when he leaves the College and assumes the obligations and responsibilities of th6 profession. The clinics are so arranged as in nowise to interfere with the didactic instruction. PRACTICAL ANATOMY. The dissecting-room, provided with every modern convenience, is open all the year for such as are prosecuting the study of practical anatomy. Material is abundant and cheap, and every facility is furnished the student. DIDACTIC INSTRUCTION. That part of the educational course which belongs to the lecture-room, known as didactic, is sustained by a corps of medical lecturers of large experience and eminent ability. Lectures, to the number of five or six per diem, are given either in the amphitheater or the large lecture-hall of the College, on days alternating with hospital clinic days % The professor of Surgery devotes to this important chair all the attention it demands, illustrating on the cadaver and by wet and dry preparations the various procedures, abnormal conditions, and operations. In the department of Obstetrics the professor imparts a thorough acquaint- UNIVERSITY OF CALIFORNIA, 157 ance with the conduct of labor, normal and abnormal, the diagnosis symp- toms and disorders of the pregnant and puerperal state, and the use of obstetrical instruments. The lectures are illustrated by the manikin, by wet preparations, by colored drawings, and by a large collection of prepara- tions in wax, papier-mache, and leather. Every operation in obstetrics is performed on the female cadaver. It is the aim of the professor of Materia Medico, to bring before the class, in a manner readily comprehended, all that is of importance in this depart- ment. Eecently discovered drugs and plants, particularly those indigenous to our soil, receive especial attention. The lectures in Physiology are illustrated by a very complete series of colored drawings prepared for this purpose. The professor also has at his command the large collection of preparations and drawings of the Scientific Department of the State University at Berkeley. The course in Chemistry is made as practical and instructive as possible. The laboratory is rendered complete by constant additions of apparatus and chemicals. The professor of Theory and Practice of Medicine, fully realizing the importance of this chair to the student, presents a conspectus of the mod- ern aspect of the practice of medicine. Disease, as we now understand and treat it, its etiology, diagnosis, prognosis, and treatment, is the object of the instructor in this department. The lectures on Anatomy, general, special, regional, and surgical, are illustrated by wet and dry preparations and the cadaver. The histology of every tissue is taught, and the relation of organs and structures to each other carefully dwelt upon. The lectures on Medical Jurisprudence and Mental Diseases are by the Superintending Physician of the State Lunatic Asylum. They exhibit the principles of legal medicine and the duties of medical men as experts in Courts of justice, the examination of medico-legal questions, including insanity, suicide, infanticide, legitimacy, poisoning, death, injury from violence, feigned sickness, duties of coroners; together with a thorough course on the various diseases of the mind. The course on Public Hygiene is a most interesting one, covering the whole subject of the duties of individuals and municipalities in the preser- vation of the public health. The principles of Gynecology receive a share of attention commensurate with the growing importance of this branch of the science. The causes, remote and proximate, of the many forms of uterine disease are considered in detail, and the methods of treatment practically exhibited and explained. An idea of the course of study pursued in the Medical Department may be gathered from the following schedule, which presents each day's study as conducted during the recent regular term. f > 4* *^ i 158 REGISTER OF THE 1 o '5 | o . I o >* o ^ c x - S'o Ors 3 ^ c ~- d-2 a_= g>| 5^ 14 ll K! 3 . al >2 ' ^ s m tri ri g;2 a;| a 2 00 o o rH * . . ; s a p ij _a ^ N S -M (^ f x || it 1* P IS I.S i.S t S> 2 g l S2 a| a 2 **M -H ^ PH ^ ^1 p^ ~ ^^ p^ PH ^ 00 O - (M CO * oi d _o o ' c .2 i j i THURSDAY. II g^ n 8 S ll ?.3I CoH'geCli] Dv. Mays. M. College Clir s. Perry and Me Lt ll S2 h oo < o 2 PH' = 1-1 i < T^ ^j W M cJ ., , 1 2 _ j-j S c S J3 S . 5 3^ 2 i s CO LJ ; ll II il ^ 2 ll la o *f< H fl Hi 21 ^ ^ S SI PH' ^i l 00 O S H (M CO ^ PH i *" d jC c '3 "5 'S X .is a II jl t'l fl an 3 S r^ fS t> ~jr- ti |s ''s Sg H S*" 1 ^?H S'ri ^ | ^ J < <"* ^ CO GO O o rH '3 dd a . f, a fg 3 il _ 2 S O '"Sjf i x s ti "I 00 Ii Hi OI a 2 j| 1:30 P.M. Coll'g Dr. Mays. 2 P. M. College Profs. Perry and 3 CO J 1 BH | ^* *^ A i : UNIVERSITY OF CALIFORNIA. 159 THE HIGHEE STANDARD OF EDUCATION. The question of establishing a higher standard of requirements for grad- uation has for some years occupied a prominent place in the thoughts of all interested in medical education. It is with pride that it can be said that the Medical Department of this University was among the first schools of America to adopt an improved and higher system of study and require- ments. A three-years' course of regular medical study is an indispensable qualification ' for graduation. No student can present himself for final examination until he has attended faithfully three regular courses of lec- tures and clinics. While this requirement entails ho extra expense in the matter of fees, it is a still further guarantee that none shall bear the diploma of the State Medical School but those thoroughly qualified. The system of GRADED STUDIES and YEARLY EXAMINATIONS has also been intro- duced, in uniformity with the Howard plan, and now generally adopted by the higher class of eastern medical colleges. The studies are so graded as to allow the constant introduction of new matter as the student progresses, and at the same time to secure at least as much repetition of the more essential subjects as in the former system of teaching. An examination is held at the close of each regular term on the advance- ment made by the student in the branches assigned. The final or gradua- tion examination, however, comprises the whole field of medicine. The union of clinical with didactic teaching, a leading principle of this school, is not interfered with in the working of this plan. The subjects for examination are apportioned as follows : FIRST YEAR. Anatomy, Physiology, General Chemistry, and Materia Medica. SECOND YEAR. Anatomy, Physiology, Medical Chemistry, Materia Medica, Pathological Anatomy and Histology, Clinical Medicine, Physical Diagnosis, and Clini- cal Surgery. THIRD YEAR. Anatomy, General and Surgical, Physiology, Chemistry, Materia Medica and Therapeutics, Obstetrics, Theory and Practice of Medicine, Surgery, Clinical Medicine, Physical Diagnosis, Clinical Surgery, Gynecology, Oph-' thalmology, Mental Diseases, Medical Jurisprudence, Public Hygiene, and Laryngoscopy. RULES AND REQUIREMENTS FOR GRADUATION. I. The candidate for the degree of Doctor of Medicine must have attained the age of twenty-one years, and be of good moral character. He must 100 REGISTER OF THE have applied himself to the study of medicine for three years, must have attended three regular courses of medical lectures, and have attended at least his last course of instruction in this school ; have prepared a satisfac- tory thesis of his own composition, and in his own handwriting, which must be submitted prior to his admission to examination. II. Students who have attended one full course in any regular or recog- nized Medical College shall, upon satisfactory examination in the curricu- lum provided for the first year, be admitted as students of the second course in the University of California. Students who have attended two courses in any regular and recognized Medical 'College shall be admitted as stu- dents of the third course in this Institution, after having passed a satisfac- tory examination in the curriculum provided for the second year. Graduates of other regular Medical Colleges in good standing, shall be admitted as students of the third course in this Institution without any examination. III. When a candidate applies to the Secretary of the Faculty for exam- ination, he must give satisfactory evidence that the above rules have been complied with, which evidence will be presented by the Secretary to the Dean, by whom an order for examination will be issued. IV. The candidate will pay the graduation fee on the presentation of the thesis to the Secretary, and upon receiving notice of having passed a satis- factory examination, he will enter his name on the Eegister for the purpose of being reported to the Board of Regents. V. Candidates who have passed their examination, and in other respects complied with the regulations, are reported by the Secretary of the Faculty to the Dean of the University, who communicates such report to the Board of Regents, so that, if approved of by them, their order may be issued for conferring the Degree. VI. The Commencement for conferring the Degree of Doctor of Medicine is held in the first week of .November. VII. For the convenience of such candidates as have at the close of the term not completed their full three years of study, and have complied with every other requirement, an examination will be held in the month of May, and the degree will be conferred upon such as are successful at the next regular Commencement. A certificate will be given, however, setting forth the facts in the case, which will be recognized by the State Board of Exam- iners, and a license to practice granted by them. VIII. In accordance Avith the organic Act under which the University was incorporated, the Faculty will examine all candidates, whether edu- cated in the University or in other schools. Such as come from other Colleges must have been examined by the Faculty of said College, and recommended by them as proficient candidates for the Degree. On passing the examination in the University, they may receive the Degree and Diploma, and rank as graduates of this Institution. UNIVERSITY OF CALIFORNIA. 161 EXPENSES. Matriculating fee (paid but once) $5 00 Fee for the First Course of Lectures 130 00 Fee for the Second Couie of Lectures 130 00 Third Course of Lectures gratuitous for such as have paid for two full courses. Graduating fee 40 00 NOTE. All fees are payable in advance to the Secretary of the Faculty, who will issue a general ticket to all the lectures. No promissory notes will be received, but such stu- dents as desire may obtain tickets for one or any number of the chairs separately. BOOKS OF REFERENCE. Anatomy Gray's Anatomy, Wilson's Anatomy, Richardson's Anatomy. Physiology Dalton's Physiology, Draper's Human Physiology, Flint's Physiology. Chemistry Fowne's Chemistry, by Bridges. Materia Medico, II. C. Wood's Therapeutics, Materia Medica, and Toxi- cology, Farquarson's Materia Medica, United States Dispensatory. Surgery Erichsen's Science and Art of Surgery, Gross' System of Sur- gery, H. H. Smith's Operative Surgery, Toland's Lectures on Practical Surgery. Principles and Practice of Medicine Aitken's Practice of Medicine, Ben- nett's Practice of Medicine, Tanner's Practice of Medicine. Clinical Medicine Tanner's Clinical Medicine, DaCosta's Medical Diag- nosis, Loomis' Physical Diagnosis. Obstetrics and Diseases of Women and Children Bedford's Principles and Practice of Obstetrics, Scanzoni's Diseases of Women, Thomas' Diseases of Women, Sims' Uterine Surgery, Simpson's Diseases of Women, West on Diseases of Children, Smith's Diseases of Children. Ophthalmology and Otology Troelsch on the Ear, Wells on Diseases of the Eye, Donders on Refraction and Accommodation. Medical Jurisprudence and Mental Diseases Maudsley's Physiology and Pathology of the Brain, Bucknell and Tuke on Insanity, Taylor's Medical Jurisprudence. BOARDING. Students may obtain good board in San Francisco at from five to ten dol- lars per week, and, if they desire, may live at a less expense. N. B. Students, on arriving in the city, should call at once upon the Secretary, Professor R. A. McLean, 603 Merchant Street, or the Dean, Pro- 162 REGISTER OF THE UNIVERSITY. fessor R. Beverly Cole, 518 Suiter Street, who will furnish all necessary information. Letters must be addressed to th'e Secretary, at his office. GRADUATES SESSION 1879. Addington, D. M Michigan Bar, California. Downs, George W Los Angeles, California. Foote, Gilbert Lockeford, California. Gale, Herbert A. Sacramento, California. Howell, H. H '..Bishop Creek, California. Hughes, L. J. San Francisco, California. Harmon, R Oakland, California. Johnstone, A San Francisco, California. Sparks, Agnes San Francisco, California. Smith, George S San Francisco, California. Scott, A. W. San Francisco, California. Voigt, W. C -. San Francisco, California. Younger, E. A. San Francisco, California. c. -- This College was founded and endowed by the munificence of Dr. II. D. Cogswell, of San Francisco. The character and conditions of the endow- ment may be better understood from the following deed, which has been duly executed, recorded, attested, and approved : DEED BETWEEN H. D. COGSWELL AND THE REGENTS OP THE UNIVERSITY OP CALIFORNIA. This indenture made the nineteenth day of May, in the year of our Lord eighteen hundred and seventy-nine, between Henry D. Cogswell, of the City and County of San Francisco, State of California, the party of the first part, and The Regents of the University of California, an institution duly created, organized, and existing under the laws of the State of California, and by said laws placed under the charge and control of a Board of Directors known and styled as the Eegents aforesaid, the parties of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of five dollars, to him in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, hath bargained and sold, and by these presents doth bargain and sell forever unto the said parties of the second part and their successors, all that certain lot, piece, or parcel of land situate, lying, and being in the City and County of San Francisco, State of Califor- nia, and particularly described as follows, to wit : Commencing at a point on the easterly line of Front Street, distant sixty (60) feet northerly from the northeast corner of the intersection of Front and Jackson Streets, thence northerly along said easterly line of Front Street sixty (60) feet to Clark Street, thence at right angles easterly and along the southerly line of Clark Street eighty-five (85) feet to and including the brick wall and the land on which stands the wall which now constitutes the rear or easterly wall of the building erected on the premises hereby conveyed, provided that said wall now is and shall remain forever a party wall between the premises hereby conveyed and the lot of land with its appurtenances lying to the east of the said premises, and if and when the said building is increased in hight as hereinafter provided, the rear or easterly wall thereof, so far as built up to a greater hight, shall also constitute a party wall between the said premises and the said lot to the east thereof, without being chargeable to the latter for any part of the cost of erecting it, thence at right angles southerly and parallel with Front Street sixty (60) feet, thence at right angles westerly 166 REGISTER OF THE and parallel with Jackson Street eighty-five (85) feet to the easterly line of Front Street and point of commencing. Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and also all the estate, right, title, interest, claim, or demand whatsoever of him, the said party of the first part, either in law or in equity of, in, and to the above bargained premises and every part and parcel thereof. To have and to hold all and singular the said hereinbefore granted and demised premises, with the appurtenances, unto the said parties of the sec- ond part and their successors forever, upon the trusts, nevertheless, and to and for the uses, interests, and purposes hereinafter limited, described, and declared, to wit : 1st. Until the improvement and enlargement of the building erected on said premises, to be made as hereinafter mentioned, the said parties of the second part shall at all times and continuously, in consideration of this conveyance, demise, let, and furnish unto the " Cogswell Dental College of the University of California," all and singular the second story of the brick building situated in said premises as it now exists, or so much thereof as the Faculty of said Dental College may require, except the portion thereof which is demised to said party of the first part by an indenture of lease of even date with these presents, to be used by said Dental College for the purpose thereof, and subject to such changes or alterations in the arrange- ment and partitioning of the said rooms as the Faculty of the said Dental College may deem it proper to make ; provided, that When the said parties of the second part shall have made and completed the said improvement and enlargement for the said building, as hereinafter' mentioned, then and thenceforth they shall demise, let, and furnish unto the said "Cogswell Dental College" one entire story in the said building for the exclusive use and purposes of the said College, said story to be selected by the Faculty of said College, and if the said parties of the second part in their discretion should deem it advisable, they shall furnish the said Dental College, gratu- itously, with so much more room in the said building, beside the said story thereof, as they shall deem needful for its uses and purposes. 2d. That the parties of the second part shall use all proper efforts to rent or demise all the rest and residue of the said building, including the stores on the first floor thereof, to suitable tenants, for the highest and best rents that can be obtained therefor, and that after paying out of said rents the necessary expenses connected therewith, and with the maintenance and preservation of the said building, they shall employ the remainder, to wit: the net amount thereof, as an accumulation fund, which fund and interest thereof, if they shall be able to obtain interest on the same or any portion UNIVERSITY OF CALIFORNIA. 167 of it, shall be kept augmenting until it has attained an amount or aggre- gate sum sufficient to enable the said building to be improved and enlarged by the addition of three new brick stories thereto ; that is to say, two full stories and such third story or half story as shall be afforded by a Mansard 1 roof, which shall by them be placed on said building, and the said improve ment and elevation, and any corresponding improvement in the portion of the building already erected, shall be made in such form and with such regard to finish, quality, and character of ornament as shall seem to the said parties of the second part best adapted to further and fulfill the pur- poses of the party of the first part in the creation of the said trust ; provided, that the stone tablet, with the inscription "Cogswell's Building, 1859," shall be permanently retained upon and constitute a visible portion of said building. 3d. That it may be at all times lawful and proper for the said parties of the second part, in order to facilitate and expedite the aforesaid enlargement and improvement of said building, to hypothecate and pledge the future rents thereof, as well those arising from the said building in its present form, as those which may ensue from the new portions pf said building so to be superadded as and for a means of securing and paying for the cost of the said improvement, by obtaining a loan of money sufficient for that pur- pose, to repay which loan with interest said rents may be by the parties of the second part pledged and hypothecated ; and in case said loan is effected it shall be the duty of the parties of {.he second "part to repay the same, with the interest thereof, out of the first net rents received by them, and before employing the said rents or any part thereof, for any of the other trusts herein created and specified ; provided, that the said party of the first part, H. D. Cogswell, shall have the first option or choice of making the said loan, and taking the said security therefor. 4th. After the building has been enlarged and completed as aforesaid, the said parties of the second part shall provide and furnish in perpetuity one entire story thereof to the said Dental College, and so much more of the room therein as they may deem needful, and as hereinbefore specifically provided. 5th. All the rest and residue of the said building, except that portion thereof which is demised to said party of the first part by an indenture of lease of even date with these presents, shall be let and rented by the said parties of the second part to suitable tenants for the highest and best rents that can be obtained therefor, and out of the net receipts from the said rents, after paying the necessary expenses connected therewith, and when said receipts become sufficient for that purpose, up to which period they shall be accumulated, if necessary, so as to constitute a fund in furtherance of the same object, they shall be appropriated by the said parties of the second ^ . f 168 REG-ISTER OF THE part to the payment of a monthly amount or sum of $300, or $3,600 per annum, for the establishment and maintenance of a Chair in the said Uni- versity, which it is the further object of these trusts to create and endow, to be known and designated as the "Cogswell Chair of Moral and Intellectual Philosophy," and said sum shall be so appropriated in perpetuity or so long as the said parties of the second part shall be enabled to realize the same from the sources aforesaid. 6th. After appropriating the rents of the said premises as aforesaid, the parties of the second part shall appropriate such further net proceeds as shall result therefrom, one-half to the said Dental College, for the uses and purposes thereof, and one-half to the said parties of the second part, to be used in and under their discretion, as a means of contributing to the sup- port and maintenance of such students in the said University as, from their lack of pecuniary ability, are incapable of supporting themselves during the period of a collegiate course, and who would otherwise for such reason be unable to obtain the benefit of an education in the said University ; provided, that when such further net proceeds amount to the sum of $600 per annum, the on^-half thereof, namely, $300, is to be appropriated to the said Dental College as aforesaid ; then and thereafter all the increase of the said net proceeds over and above the said sum of $600 shall be appropriated by the said parties of the second part to the full extent to which the amount thereof may increase at any time hereafter to the same object as that here- inbefore last above mentioned, to wit : to the support or maintenance of such students as from their said lack of pecuniary ability are incapable of supporting themselves during the period of a collegiate course, and who would otherwise for such reason be unable to obtain the benefit of an edu- cation in the said University, which fund last mentioned shall be known and designated as the " Cogswell Students' Eelief Fund ;" and provided further, that if at any time hereafter, in the discretion of the said parties of the second part, it shall be deemed desirable to use the said net proceeds over and above the said $600, or any part of said net proceeds, for the pur- poses of said Dental College, either to pay for the services or salary of professors or lecturers, or to render the tuition in said College free and gratuitous, or for both of said objects, it shall and may be lawful for them so to do, and these trusts are upon the express condition that they may exercise, at all times, the said discretion, and so appropriate the said pro- ceeds, or any part thereof, it being the wish of the said party of the first part that the said Dental College should be brought, by the parties of the second part, to as high a degree of character, scholarship, standard of tuition, and efficiency as exists in any similar institution. 7th. That the said premises hereinbefore conveyed, and their extension and enlargement and the accumulation derived therefrom, shall constitute UNIVERSITY OF CALIFORNIA. 169 three several endowments by the said party of the first part, Henry Daniel Cogswell, and Caroline Elizabeth, his wife, namely, an endowment for the said Dental College, an endowment for the said Chair of Moral and Intel- lectual Philosophy, and an endowment for the said Student's Relief Fund, to the creation of which several endowments the party of the first part and his said wife are prompted by their desire to aid the cause of dental science and the cause of education. 8th. That the said parties of the second part shall and will keep the building erected upon said premises, and any addition, improvement, or enlargement made thereon as aforesaid, insured against loss by fire to an amount equal to two-thirds of the value of the said building, exclusive of the foundations thereof, consisting of the piles and capping which consti- tute the same, out of said fund. 9th. That in case the said parties of the second part should sell or mort- gage the premises hereinbefore conveyed, or any part thereof, this convey- ance and transfer shall thereafter be considered and be null and of no effect, and the property hereby conveyed shall revert to and become the property absolutely of the party of the first part, or his legal representatives. 10th. That the estate hereby conveyed, and the net proceeds thereof, shall constitute the sole and only fund and source from which the said trusts shall be sustained and the said endowments supported, and the moneys required therefor obtained, and the said parties of the second part shall not be liable in their individual or corporate capacity, nor shall the said University be liable to advance any further or other moneys, or become in any respect chargeable for any expense or charge whatever connected with the said trust. In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written. HENRY D. COGSWELL. Signed, sealed, and delivered in presence of CAROLINE E. COGSWELL. STATK OP CALIFORNIA, City and County of San Francisco, On the 19th day of May, A. D. 1879, before me, George T. Knox, a Notary Public in and for said city and county, residing therein, duly com- missioned and sworn, personally appeared Henry D. Cogswell, known to me to be the person described in, whose name is subscribed to, and who executed the within instrument, and he duly acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the City and County of San Francisco, the day and year last above written. [L. s.j GEORGE T. KNOX, Notary Public. 170 REGISTER OF THE ESTABLISHMENT. The College was organized by the adoption of the following resolutions : Resolved, 1. That the Board of Regents of the University of California, in conformity with the terms of the deed executed by H. D. Cogswell, establish a Dental College, to be designated the " Cogswell Dental College," in which complete courses of instruction must be given in the Theory and Practice of Dentistry, consisting of such appropriate studies and lectures as may be determined by the said Board of Regents. 2. That the following Chairs be established in said College, to be filled by the Board of Regents, by the election of competent professors and instruct- ors, as soon as may be practicable, namely : (1). A Chair of Operative Dentistry. (2). A Chair of Mechanical Dentistry. (3). A Chair of Regional Anatomy and Surgery. Also, in connection with the " Medical Department" of the University of California, the following Chairs : (a). A Chair of Anatomy. (b). A Chair of Physiology. (c). A Chair of Chemistry. (d). A Chair o Surgery. Also, such other Chairs, under appropriate designations, as the said Board of Regents may hereafter see fit to establish in said College. 3. That the Board of Regents will confer the Degree of " Doctor of Den- tal Surgery " at the end of the prescribed course upon such students as, having completed the same, are found proficient therein. 4. That the compensation of the professors and instructors in said College as well as other expenses of the same, are to be paid from the tuition fees of the students and the special endowment fund of said College, in such man- ner as the said Board of Regents may determine. 5. That the said College be organized in accordance with the several "requirements" of the donor, herewith submitted : REQUIREMENTS OF THE DONOR IN RELATION TO THE ESTABLISHMENT OF THE