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2 THE SAN FRANCISCO CALL, TUESDAY, NOVEMBER 17, 1896. KKOCKED 0UT N THE SIKTH ROUN Joe Choynski Goes Down Before Peter Maher's Rushes. For Five Rounds the Men Fight Cautiously and N¢ Harm Is Done. Then the Irishman Puts In a Right- Hand Swing cn the Jaw of the Californian. NEW YORK, N. Y., Nov. 16.—Peter Maher knocked out Joe Choynski of Cali- fornia, with a right-hand swing on the jaw after two minutes and twenty-five seconds of xth round in their twenty- round contest before the Broadway Ath- letic Clab to-night. 5 The men fought cautiously for five rounds and Maher did not strike his usual goit until after the sixth round opened. Then he rushed at his man and Choynski | quickly went down before the hailstorm of right and left swings that Peter landed. Joe got up staggering after having stayed down nine seconds. He made an effort to steady himself, but it was of no avail. Maner went right at him and with a clean right-hand swing on the jaw sent him to erass again. This time he lay flat on the floor with arms and legs extended, and the referee slowly counted him out. The Californian wasnot longin coming around and after being helped to his corner, soon walked from the ring. The police clamber- ed into the ring under the charge of Acting Captain Groo, but no arrests were made, as both men were uninjured. This was the first heavy-weight boxing contest of importance held in this city under the new Horton bill, the terms being a twenty-round encounter at catch- weights. Half an hour before the time set for starting there was a ten-round set- to between Patsy Haley of Buffalo and Young Sislo of Providence. The bailding, capable of seating 4500 peopie,-was crowded from floor to ceiling. A large delegation from Pittsburg, Boston and Philadelphis had seats by the ring- side. There was great interest taken in the Maher-Choynski contesi, but little money wag wagered. The consensus of opinion was that the Irishman would win, but Peter has had suchan unpleasant way of giving his backers the wrong end of the money that they were rather chary of chan cing any reverses. Choynsk’s reputation for gameness and ability to take punishment, as well as his proven shiftiness and cleverness, won him many friends. Maher has shown an im- mense improvement in his late encoun- ters, has acquired confidence and is aiso quick and shifty. The easy manner in which the Irishman polished off 0’Don- nell and Slavin was fresh in the memory of local followers of the sport. Maber stated to the representative of the United Associated Presses before the opening bout that he never felt fitter fora contest, while Choynskiaisodeclared him- self in fine fettle. se_opening bout was put-on at 8:50 Sam stin wes referee. Sislo weighed . in at 116 pounds. It wasa slogging mateh from the sound of the beil. Sislo rusted at his man and pushed him to his knees. When Haiey got up they went at it hammer and tongs, both landing sledgehammer blows. In the second rouna both were wild, bat willing.. In the third the Buffalo boy pasted his man hard with straight lefts on the face. Sislo’s nose bled freely and he was very weary when the bell rang. Sislo cawe up gayly for the fourtn, but Patsy easily avoided atteck and punched his mau _all over the ring.. Sislo put a good left in the face in the next, but Haley made a regular chopping block of the Italian, who was covered with blood at the end, though stillin the ring. Haley 'ayed with his manin the sixih, while failed in heroic_efforts to get within riking aistance. Haley hit his man when and where he pleased in the seventh and the referee putastop to the battle and gave Haley the decision. There was scarce y a vacant seat in the building when the ring was ready for the appearance of the stars. The crowd had been amused by a buriesque boxing bout while Maher and Jhoynski were putting on the finishing touches in the dressing- rooms. Manher was the first to appear at 9:47, Choyuski following a moment after. Both men came in for a generous share of hand clapping, Maner was seconded by Pete Burns, Peter Lowry and Jack Quinn. in Choynski’s corner were Tommy West, Paddy Gorman and Bob Armstrong. Maher scaled 153 pounds and Choynski 168 Little money changed hands, but Mabher was a slight favorite. Round 1—They shook hands at9:48. They spurred for an opening. Maher led with a light left on chest. More sparring. Choynski feinted and shot a leit that just reached the wind. Maher puta hard left on the body and they clinched. *After a lot of clever feinting on both sides Maher put a left hook on the neck es Joe was turning round. The round was mainly devoted to sparring at long range. Round Maher missed a vicious right swing and Joe put two lefts on the jaw. Maher sentin = left 1o the neck. In trying to get away Joe slipped and Peter shot the right on the body. Peier puta hard left on the neck and Joe got rattied. Joe then put three straight lefts on the face and staggered Peter With & left jab on tne jaw. Joe lauded left on the tace, but was countered with a righton the chin. It was Choynski’s round. Round 3—Joe opened with a light left on the body and repeated a moment later. Choynski then sent the right to the face and Peter came back with the leit iwice. Joesent & hard left ou the body. Peier rushed and Joe droppea to his knee 10 ayoid. Maher then pasted hisman twice with the right on the neck and again on the same place. Joe shot his left to the face and Peter missed with the left, bus landea lightly on the face 8s the bell rang. Round 4—Joe came on with the left on the body. Both were cautious. Finally Joe came in ldglln on the body with the left. Maher stuid on the defensive and Joe again put a left ou th:nso:y.l _Mlll;rtgt;!)hll man near the €nt in a hot right on !emd with the left and lxhen H:::r:l:tnh:es hismean, missing the right but landing the left on the body and Joe clinched. Maher put a left ou the nieck as the bell rang. They were not sparring fast enough to suic the crowd, Round 5—Choynski was doing the leading so far. He shoved a straight left in Peter's face and easily avoided tne return. Meher pasted a good left on the body, but Joe evened up with & return. Mabher led for the body and brought his right round on the neck. Choyn- ski swung his left on the face and Maher countered on the body. Peter nailed his man on the face and they came close together, both f:n;g pretty sparring and exchanging lefts on e Joe led wiih alett on lhiljuvh Fierce infighting fol- lowed, and then Maher floored his man with a left hook on the jaw. Maher rushed at his man end lended right and left on the jaw, flooring him sgsin. Choynski got up on the ninth count, only to be sent Gown again and knocked clean out witn aright cross on the jaw. The police clambered into the ring, but no arrests were made. The referee awarded the ds ion 1o Maher. The round lasted 2 minutes 25seconds. 2— Round 6—Honors were about even. —_— CHOXYNSKI'S PICTURE FELL. An Incident of the Fight Which Hap- Ppened én Corbett’s. The sports of this City who gamble on prize-fighting contests thronged Corbeit’s poolroom lasi evening to hear the returns of the rounds of the much-talked-of fight Haley and | n New York, between Joe Choynski and | eter Maher. The betting here favored the Californian at slight cdds, but in the East Maher sold a strong favorite, many bets 0f 2 to 1 being laid on him. The general opinion of the men here who are récognized as authorities on prize- fighting was that Choynski would win in five or six rounds, he being rated a much more clever man than Maher and also a beavy puncher, The account of the fight, according to the dispatches, stamped Maher as being the hardest puncher. Choynski bit the Irishman frequently with both left and right, but his blows did not, seemingly, have the desired effect. The fight goes to prove that Choynski has lost nis great hitting powers. In bis great battles with Goddard he cut deep gashes in the Australian’s face and frequently knocked him down. If he possessed the same power'to-day i he wonld haye knocked Maher down sev- eral times before the sixth round. The Californian has gone back, and there is little prospect of his improvement, al- though ‘he still retains Lis old time cleverness. » Maher must have improved wonderfully to whip Choynski in such order. In all probability he will chalienge the winner of the Fitzsimmons and Sharkey contest, butif the former should win, he will not give any attention to the Irishman’s defi, as he has whipped Maher twice already. It is said that some of the sports here made up a pool of $4000 and shipped the coin Bast, with orders to have it placed on Cnoynski at the prevailing oddsof 2 to 1 on the Irishman. Itis doubtful now if any of the coin wiil return. A rather strange thing happened at Corbett's just about the time the first roued of the fight arrived. When the rooms were crowded with sports the police were called in .to dis- perse some of the mob, and a picture of Choynski which was hanging on the wall alongside several other pictures of pugil- | ists fell to the floor. A big Irishman | named Ryan, who saw the photograph drop, rushed into the. pool-sellers’ de- partment and placed $50 on Maher, saying that he never knew in | his Iife of a picture falling f-om a wall that did not bring bad luck to the man or woman it represented. A good many superstitious people followed the advice of Ryan to bet on Maher, and their joy was great when the Irishman was pro- nounced by the reader of the returns a winner. P ON THE EASTEEN TRACKS. Winners of Running Eaces at Nashville, New OUrleans and Latonia. NASHVILLE, TENN., Nov. 16.—Five and a half furlongs. Bona Schoenfeld won, Austin second, Corauella third. Time, 1:10. Five furlongs, Lucy Overton won, Allen second, N. C. Creede third, 1:042¢. One mile, Lightfoot won, Charley Weber sec- ond, High Noon third. Time, 1:4414. Five and & hslf furlongs, Margaret Allen yon, Thornbush second, ¥ B third. Time, 110, One and a quarter miles, Colonist won, Al Boyer second, Tremor third 2:24} NEW ORLEANS, La.,, Nov. 16.—Seven fur- longs, Van Brunt won, Hibernia Queen second, Cherrystone third. Time, 1:29. Five furlongs, Sankara won, Lineaga second, Hill Bilty third. Time, 1:0 Seven furlongs,Sidkel won, Siarquise second, Dorothy 11i third. Time: 1:2814 Six furlongs, Damocles won, Dora ond, Juaith C third. Time, 1:15. Seven furlongs, Maggie & won, Ozark Jr. sec ond, Brakeman third. 1ime, 1:29 LATONIA, Kv., Nov. 16.—One mile, Rasper won, Partisan second, Brown Jewell third. Time, 1:42}4. Six furlongs, Taluea won. Lady Dulctsecond, Meriie Reed third. Time, 1:15% One mile, Reprieve won, Robinson second, Fresco third. Time, 1:421. One and a half miles,Scamp won, Eli Kendig second, Aristocrat third. Time, 2:49. Five and a oslf furlongs, Lockhart won, Masterpiece second, McFarland II third. Time, 1:09}4 Lucy Time, Wood sec: — College Boys Win. PHILADELPH1A, P, Nov. 16.—The Pennsylvania Varsity eleven to-day played a team of Pennsylvania graduates, headed by George ‘W. Woodruff, the Quakers’ head coach, and the college boys {had no trouble in whipning the old players by a score of 36 t06. From now until the Harvard game on Saturday, Pennsylvanias practice will be in secret. JEWISH WOMEN'S COUNCIL. Reports Tell of the Good Work Done by the Organization Throughout the Union. . NEW YORK, N. Y., Nov. 16.—The sec- ond day’s session of the First Council of Jewish Women was calied to order at 10 A. M. to-day in Tuxedo Haill. Mrs, Hanna G. Solomon, president of the council, pre- sided, and there was a large attendance of delegates, The first business transacted to-day was the presentation of the report of the com- mittee on credentials. This showed that there were forty-eight delegates and eight alternates present at the convention. The report of the recording secretary was then read by Mrs. Gertrude G. Berg of Philadelphia in the absence of Mrs, C. M. Wolf of Chicago. It reviewed the his- tory of the council and showed that it was the outgrowth of the women's congress at the World's Fair. It stated that the two main committees are those of ‘‘religion” and *‘philanthropy,” the principal lin s of work ot the council. The sections of the council which are subdivided into circles are from four to five hundred in memboership, and many have joined the Federation of Clubs in such States where & Federation of Clubs exists. The report also states that the couacil had representatives at the Biennial Council of Wemen at Atlanta and also at the Elizabeth Cady Stanton celebration. The report of the corresponding secre- tary was received with applause and adopted. As Bertha A. Selz ‘of Chicago, the treasurer, was unable to apnpear, the report wasread by Mrs. Conrad Wilkowsky of the same city. The next report was that of the commit- tee on rules, which was read by the chair- man, Mrs. 8 R. Levy of Milwaukee. The committee recommeuded that all dele- gates wear badges, and that the time of discussion be limited to three mimutes, and that each delegate be entitled to one yote. This was adopted. The next business was the reading of the reports of the vice-presidents. At the concinsion of the reports of the vice-presi- dentsa recess was taken. On reassem- biing Mrs. Nellie L. Miller of Memphis delivered an address on “‘The Council, its Advantages, Needs and Difficulties. A general discussion on the subject fol- lowed. At the conclusion of the discus- sion an adjournment was taken until 8 o'clock. At the night session the reading of the report of the National correspond- ing socretary. The report showed that the council has a membership of 4000 gnd that much progress had been made in establishing | sewing-schools, girls’ clubs, kindergartens, {ete. The report also siated that 15,000 copies of seven pamphlets haye been dis- tributed through the secretary’s office. Mrs. Rachael Bulzerberger of this city then read a paper entitled “The Council in Large Cities,” and was followed by Mrs. Etta 8. Numark of Marion, Ind., on *The Council in Small Cities,”” After discus- sion the session adjourned uatil to- morrow, —_—— A Well Endowea Sehool. PEORIA, Iti, Nov. 16.—The charter for the Peoria Polytechnic Institute, which is to be affiliated with the Univer- ity of Chicago, has been secured. The promoters will begin at once on the build- ing to be erected this fall. This is the school which Mrs, ,Lydia Bradley witl found. On her death she will leave to it her entire fortune, which is estimated at close 10 $2,000,000. A call has been issued for a meeting of the trustees to be held to-day at her home, and Dr. Harper, president of the University of Chicago, and Dr. Small, both of whom are mem- bers of the board, will attend. WORDS OF PRAISE - FOR THE PRESS Temperance Women Tell How the Work Is Promoted. Mrs. Stevenson Speaks of the Value of Newspapers In Public Education. Other Reports at the Conferemc: of the National Unien Show a Good Financial Condition. ST. LOUIS, Mo., Nov. 16.—Mrs. Charl- ton Enholm of New York conducted the prayer-meeting of the W.C.T. U. con- vention this morning, while Mrs. Annie M. Palmer, the National evangelist from Iowa, led the season of prayer when the convention was called to order at 9 o’clock. The special order of the morn- ing was the reports of department super- intendents. Mrs. Katherine Lente Ste- venson of Massachusetts presented the report of the devartment of the press, in which she took somewhat radical ground concerning the relation of the organiza- tion to the newspapers. . On this pointshe said: “We have not attempted to keep a rec- ord of the money value, at advertising rates, of items furnished to the press, but it can easily be seen that it would be an enormous sum. Personally I do not like to put our work for the press upon the basis of paid advertisement. [ prefer to think what the newspapers would pay for the items we have furnished gratuitously, if sent to them as is the majority of the matter which fills their columns. You will readily see that in such a case the balance would be overwhelmingly on the other side. “It seems to me that it is upon just this basis that our work should be con<idered. It is true that we have received great favors froia the press, but it is equally true we have granted them favors in mak- ing it possible for the papers to fill a con- stantly increasing demand on the part of their readers. T believe this view of the situation will be more and more realized, and expect to see the day not very far dis- tant when this department will be self- supporting and when the majority of our leading papers will appoint Women’s Christian Temperance Union editors.” Mrs. Stevenson went on to say: “No other agency in the affairs of the people so truiy deserves to be called the power behind the throne as does the press. Where the pulpit and lecture ball reach hundreds and thousands weekly, the apers and magazines reach millions gnily. The potent factor each printed word may become in molding thought anda influencing action we cannot over- estimate, Examples are coming to us continually of legislative issues carried or defeated, of lives turned into the channels of righteousness or unrighteousness, ac- cording to the print:d word which was suffered to influence individual or national minds. These things being so, it becomes a matter of the urmost importance that the papers of our land should be made the channels of purity rather than impurity; righteousness rather than unrighteous- ness; ‘truth rather than ralsehood. Twenty-one thousand two hundred and twenty-five papers and magazines are pub- lished in our own ceuntry alone. *If the trend of even the majority of these was always and unequivocally to- ward the highest good, we should hasten by mighty strides the inbringing of the kingdom of heaven, which is the kingpom of righteousness. The Woman's Christian Temperance Union at a very early period of its existence recognized the importance of securing this agency for the promul- gation of 1ts principles. From the very first we have striven to establish a re- lationship of mutual helpfulness and co- operation between the press and our own organization. “‘That this relationship has constantly grown in strength and cordiality we are continually assured. We are no longer forced to sue for entrance to the columns of the papers of the land, but they are thrown wide open to us, and heartiest ‘words of appreciation are spoken concern- ing the value of the matter we bring.” At the afternoon session Mrs. Sophia Grubb of Missouri, superintendent of the work among foreizners reported that it was progressing very favorably, although influenced by the general depression in business. The seven National associates had done effective work. Mrs. M. B. Carse, president of the Pub- lishing Association, reported that the re- ceipts were $145,337 and the expenditures $125,121. The receipts for 1896 were $14,462 less than in_1895, but the net gain was $516. The financial storm had been weathered by reducing expenses, the volume of business being smalier. Mrs. Carse also submitted a report about the temple. She had raised $141,398 of the $300,000 needed to buy the trast bonds, anc would try to secure the balance this year. Theinterest on the bonds had been | act, paid. The States subscribing over $1000 were: Illinois $4275, New York $2973, Massachusetts $2581, Penn<ylvania $2772 Onio $2237, Michizan $1557, Connecticut $1813, Maryland §1059, Missouri $1040, WRIGHT ACT SUSTAINED, Continued from First Page. directly enjoy or participate in any improve- ment in order to constitute a public use, All Jand-owners in a district have & right to proportionate share of water, and no one land-owner is favored above his fellow fn his right to use the water. It is not necessary in order that the use should be public that every resident in the district should have a right to the use of water. The water is not used for general, domestic or for drinking burposes, and it is plain from the scheme of the act that the water is intended for the use of those who will have occasion to wuse it on their lands. Nevertheless, if it should so happen that at any particular time a land-owner shovld have more water than he wanted to use on his land he has a right to sell or assign & surplus or the whole of the water as he may choose. Irrigation is not so different from reclama- tion of swamps as to require application of other and different principles to the case. The fact that in draining swamp lands it is neces- sary to drain lands of all owners which are similarly situated goes only to the extent of peculiarity of the situation and kind of land. Some of the swamp lands may not be nearly 8o wet and worthless as some others, and yet all may be sosituated as to be benefited by reclamation, and whether it is so sitnated or not, must be u question of fact. The same reasoning applies to Jand which is to some ex- tent arid instead of wet. Indeed, the general touched upon, we have no doubt that irriga- tion of really arid lands isa public purpose and water thus used is put to public use. The second objection urged by appellees herein is that the. operatious of this et need notbe ana are not limited to arid, unproduc- tive lands, but include within its possibilities all lands, no matter how fertile or productive, 80 long as they are susceptible in their natural statc of one mode of irrigation irom a com- mon source, ete, The words “in their natural stale” are interpotated in the text of the stat- ute by counsel for appellees on the assump- Mon that the Supreme Court of California has thus consirued the act in the Tregea case (88 Cal.,334). The objections had been mage in that case that it was unlawful to include the city of Modesto in an' irrigation district. The court, per Chief Justice Beatty, said the Leglslature undoubtedly intended that cities and towns should in proper cases be iucluded in irrigation districts, and that the act as thus c;m,slmed did not violate the State constitu- tion. What is the lmit of power of the Legisla. lal_u!e in regara to providing for irrigation? Is it boundea by the absolutely worthless con- dition of land without artificial irrigation? Is it confined to land which cannot be made to yield the smallest particle of return for labor bestowed upon it? If not absolutely worthiess end incapable ot growing any valuable thing Wwithout water, however valuable may the land be and to what extent may it be put before it reaches a point at which the Legislature has no power to proviae for its improvement by that means? The general power of the Legislature over the subjectof providing for irrigation of certain kinds of lands must be admitted and assumed. The fur- ther questions of iimitation,. as above pro- pounded, are somewhat legislative in their nature, although subject to the serutiny and Jjudgment of courts to the extent that it must appear that the.use intended is public use as that expression has been defined relatively to this kind of legisiatiou. The Legislature by this sct has not itself named any irrigation district, and of course not decided as to the nature and quality of any specific lands which have been included inany such distriet. It has given a general statement es to what conditions must exist in order to permit inclusion of any land within the dist-ict. The land which can properly be S0 included is as we think sufficiently limited in its charscter by the provisions oi the act. It must be susceptible of one mode of irriga- tion from & common source by the same sys- tem of works. . We come now to the question of the true construction of the act. Does it provide for a hearing as to whether the petitioners are of tne class mentioned and described in the act and as to their compliance with the con- ditions of the act in regard to the proceedings prior to the presentation of the petition for the formation of a district? Is there any opportunity provided for a hearing upon notice to land-owners interested in the ques- tion whether their lands will be benefited by proposed irrigation? We think a right to a hearing in regard to all these facts is given by the act, and that it has been practieally so construed by the Supreme Court of California in some of the cases above eited from reports of that court and in cases cited in briefs of counsel. We should come to the same con- clusion from e perusel of the act. It is not an accurate construction of the statute to say that no opportunity is afforded to the land-owner to test the sufficiency of the petition in regard to the signers thereofand in regard to other conditions named in the act, nor is it correct to say that the power of & Board of Bupervisors!s, in terms, limited to making such changes in boundaries proposed by petitioners as it may deem proper, subject to the conditions named 1in the act. A In the act under consideration the establish- ment of its boundaries and purposes, for which a district is created, if it be finally organized by reason of the approving vote of the peopie, will almost necessarily be followed by and re- sult in an assessment upon ail lands included within the boundaries of & district. The Legis- lature thus in substance provides for the crea- tion not alone of a public corporation, but of taxing a district whose boundaries are fixed, not by the Legislature, but, after a hearing, by the Board of Supervisors, subject to the final approval by the people in an election called for the parpose. It has been held in this court that the Legislature has power to fix sucha district for fiself without any hearing us to benetits for the purpose of assessing upon lands within the aistrict. The Legislature when it fixes a district ftselt issupposcd 10 have made & proper inquiry and to have finally and conclusivly determinea the amount of benefits to the land included in the district, and a citizen has no constitu- tional right to any other or further hearing upoa that question. The right which he thereafter has is to a hearing upom the quess tion of what is termed an apportionment of the tax i. e.: the amount of the tax which he is to pay, but when as, in this cese; a de- termination of the question of what lands shall be included in the district is only to be decided after a decision as to what lands de- scribed in the petition will be,benefittea, and the decision of that question is submited to some tribunal, the parties whose lands are thus included in the petilion are entitied to a hearing upon the question of benefits, and to have the lends exciuded if the judgment of the board be against their being beuefited. Unless the Legislature decide the question of benefits itself the land-owner has a right to be heard upon that question before his property can be taken. After careful scrutiny of the objections to the Wright act we are compelled to the con- clusion that none of such objections is well taken. The judgment appealed from is there- for reversed, and the csuse remanded to. the Circuit Court of the United States for the Southern District of California for further pro- ceedings not inconsistent with this opinion, e AUTHOR WRIGHT’S VIEWS. Wisely Adminlstered, the Law Will Be of Great Benefit. LOS ANGELES, Can, Nov. 16—C. C. Wright, author cof the Wright irrigation gives Tue CaLL the following anent the decision by the Supreme Court at ‘Washington to-aay: The constitutionality of the irrigation district law of California has at last been decided. The Pregea case reached the United States Supreme Court on a writ of errorin April, 1892. A motion was im- mediately made to dismiss it on the ground that no Federal question was in- volved. This motion was denied and the judgment to-day is simply & judgment of dismissal on the identical ground of the Pmotion made nearly five years ago. “In the Fallbrook case Judge Ross’de- cision has been reversed. The merits of the controversy were gone into in this case and the constitutionality of the law has been thoroughly settled. But this decision has been rendered after almost five years' delay, and the districts during all this time have been paralyzed. The district law would have been an unquali- fied success from the start but for two stumbling-blocks. The first of these was the litigation constantly carried on, and which until now has rendered the bonds of irrigation districts of doubtful legal validity. Capital was shy of them for this reason alone. Because money could not be raised with which to construct works the districts could do nothing. In several instances a few bonds were sold early in the contest and interest was re- quired to be paid on these. The necessity of this payment, without any benefit, since the works could not be completed, drove many who were at first warm sup- porters of the law into the camp of those who were anxious to have the law declarea invalid. “The other stumbling block was the for- principle that arid lands may be provided | MAtion of districts where proper condi- wiih water and cost thereof provided for by | tions did not exist. Speculators in some general tax or by assessment for local | instances lobbied unworthy projects improvement upon lands benefited, seems | through boards of 10 be admitted by counsel for appellees. | cured water used for irrigation purposes upon lands which ere actually arid, is used for publie pur- poses, and the tax to pay for it is collected for supervisors and se- the organization of districts where the conditions were such as to absolutely prevent the success of the district. ““The two essential conditions to the ex- a public use, and assessment upon lands bene- | istence of a successful district are: First, fited is alsolevied for a public purpose. Taking | irrigable land; and second, a sufficient il the facts into comsideration as already | water supply. Where either of thess is wanting, success is impossible. If either of these essentials be wanting the law does not autiorize a board of supervisors to allow an organization to be perfected. When an orcanization has been had in such a case it ought not be aliowed to stand if it can be avoided. Wisely admin- istered, the district law affords a means of lnpplyin; water to the consumer at the bare necessary cost of getting it on his land. Now that all legal difficulties are out of the way, there is no reason why it cannot be so administered.” L A CAUSES SATISFACTION. Operation of the Law Will Boom San Diego Districts. SAN DIEGO, CaL.,, Nov. 16.—The news of the affirmation of the constitutionality of the Wright act by the United States Supreme Court was received here to-day with great satisfaction.. The prediction was made by all acquainted with the situation that the decision marks a new era of prosperity in the State, and es- vecially in San Diego County. Tn Linda Vista district especially, the largest the State, there is every prospect of im- mediate development through the invest- ment of Eastern capital. The district is authorized by vote of its members to issue $1,000,000 in bonds, and a banker named McLaughlin of Iowa stands ready to take the amount still to be issned, $840,000 and build the system. Escondido distriet, which has gone on and developed water and built its system, will now enter upon a new era of prosper- ity. Under the doubtexisting, settiement upon the lands was retarded, as it was un- certain whether the district would own its water system or whether it would be turned over to H. W. Putnam, holder of the bonds. The owners of the lands, too, were waiting for the decision in oraer to more fully develop their property and make improvements which will now be made. Eseondido has 12,000 acres of superb land, practically all- under water. The water developed under the Wright act costs less than $2 per year per acre, the cheapest water in the State, so far as known. This decision also insures the legality of the Jamaicha district, which is under the water system of the Southern Cahifornia ‘Water Company. Itisexpected that the effect of the action of the Supreme Court wiil be to hasten the completion of that great system. If the district and the company should continue the ola con- tract, which is still in force, the water from Cottonwood Creck will be flowing upon the lands of the district before many months. The Jamaicha district lies east of and adjacent to the city and contains 17,000 acres of choice lemon land, Samuel F. Smith, attorney for the Fall- brook Irrigation District, which was the district in question before the Supreme Court, said to-day that a local capitalist stood ready to buy the entire issne of Fall- brook district bonds as soon as the neces- sary steps were taken to issue them. Judge George Fuller, president of the Linda Vista District, says the decision is the greatest single thing for the benefit of San Diego city and county that has ever happened. i S Farmers Are Jubllant. COLUSA, CarL., Nov. 16.—There is joy in the land to-night over the Wright act decision. The news was received with great gratification, and now all hope the great canal on which so many hundreds of thousands have bzen expended will be completed. For four years the great ma- chinery has stood idle on the plains and the mighty dredzing apparatus owned by the Sau Francisco Bridge Company has been useless. The farmers along the canal, with few exceptions, are jubilant. The bouds that were sold will advance and the valley lands will increase in value and mortgages wiil be lifted. ST nen In Riverside Districts. RIVERSIDE, CaL., Nov. 16.—The news of the decision was received with great regret by the settiers of the Perris and Alessandro districts, and an immediate effort will be made to secure the cancella- tion of the bonds of these districts. The decision is satisfactory to East Riverside and Pieasant Valiey districts. Zom My WILL BENEFIT THE STATE. The Decision Means an Increased Investment in California. The decision of the United States Su- preme Court holding the Wright irriga- tion law of California to be constitutional created no end of ccmment in San Fran- cisco yesterday. The general opinion was expressed by bankers and business men that the effect of the decision would be to establish abrcad a larger degree of confi- dence in California investments and to en- courage capitalists to invest their money in this State. Daniel Meyer, banker and capitalist, said last evening: *‘The irrigation bonds issued by the various districts under the provisions of the Wright law are hela in this State and Europe. Many of the bonds were bought by residents of foreign coun- tries. The effect of the decision will e beneficial to California. It will stimulate investments in this State and re-establish confidence sbroad. It is a just decision that is sure to promote the agricultural development of California.” Inquiries addressed to other bankers elicited the opinion that the irrigation dis- tricts bonds were zenerally held in Europe and the Eastern States of this country. The Swiss were large investors. It was said that the holdings by San Francisco banks was very slight. The Anglo-Californian Bank was thought to be the agent for a large number of foreign investors. Borel & Co. were agents also for bondholders re- siding abroad. The gossip or chitchat of capitalists credited ex-Judge James A. Waymire and General Thomas J. Clunie with great good fortune as the result of tue decision. Judge Waymire was highlv elated, It is known that ex-President Harrison was in- duced by his high regard personally for Judge Waymire to make the argument in the United States Supreme Court for a fee which would not have been regarded as liberal compensation for a lawyer of or- dinary attainments. It is tne talk that General Clunie is the holder ot $30,000 of irrigation bonds and that his wealth is considerably enhanced by the decision. The raise comes in handy as Clunie has paid several liberal wagers thbat Bryan would be elected. The court which Bryan denounced has surely pro- claimed one decision which puts the elo- quent Thomas J. on veivet. E. B. Pond, capitalist, while admitting that the decision is fortunate for the bond- holders, regards it as very unfortunate for the people living in the irrigation districts of the Btate. When asked “Why,” he said: “Because it permits taxation with- out representation. In some districts the tax amounts to confiscation of the lana, In severa! instances land has been taxed $60 an acre. Cliques of men get together, or- zanize the districts and recklessly squan- der money in the construction of works. The dam of the Modesto district, which cost $500,000, should not have cost more than $250,000. People are taxed for water whether they unse it or not. f do not know that the lJaw can be amended to correot the injustice. Itoughtto be repealed by the Legislature,”” FELL INTuv THE SHAFT, Attorney Grovge R. Peck Seriously In- Jured by an Accident. WASHINGTON, D. 0., Nov. 16.—George R. Peck, general counsel of the Chicago, Milwaukee and St. Paul Railway, who is here on legal business.and intended to | have returned to Chicago last night, met ! with a severe accident at the Shorenam Hotel, where he was stopping. Looking | at his maii, Mr. Peck stepped toward the elevator, and seeing the door partly open absent-mindedly pushed it back. 'he door had been left ajar and Mr. Peck fell into the shaft, a distance of ten feet. His V' d ight wrist and left hand were broken an {1‘1‘; face broised. Mr. Peck did not re- coyer consciousness until an early Dou; this morning, when he complained of painin hs chest and side. Physicians, however, do not believe Mr. Peck has sus tained serious internal injuries. S S Forman Succeeds Miller. WASHINGTON, D. C., Nov. 16.—The President to-day appointed W. 8. Forman of Tllinois Commissioner of Internal Revenue, vice Joseph H. Miller, resigned. Ex-Congressman Forman, after a confer- ence with Seeretary Carlisle this morning, went to the White House witl> Comp- troller Eckels. He informed the President that he would accept the place of Com- missioner of Internzl Revenue. i v 1 < ( 2 Cupid and Psyche. 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