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Section 852 of the Political Code provides that certain State officers
must reside at and keep their offices in the City of Sacramento, but

• 10

there seems to be no penalty provided for a violation of this law. I
would suggest that you provide a penalty for the violation of the above
section, and also a penalty for a violation of Section 1030 of the same
Code, in reference to the hours during which an office shall be kept
open for the transaction of the public business.


Among the amendments to the Constitution submitted to a vote of
the people, and adopted by them at the last general election, was one
which constitutes the Governor and certain educational officers a State
Board, with authority "to compile and adopt a uniform series of text-
books for use in the common schools throughout the State." These
books, when compiled, are to be printed and published by the Super-
intendent of Printing, at the State Printing Office, and to be distri-
buted and sold at cost price to the children attending the public
schools. The amendment was extensively advertised for six months
prior to the election, and the people of the State had every oppor-
tunity to form a deliberate opinion upon the question.

It was adopted by a vote little less than unanimous, and no doubt
can, therefore, exist that the people are desirous that the State should
make the experiment of furnishing the school books in the manner
indicated. It, therefore, becomes my duty to officially communicate
to you my views upon the practical carrying out of this important
mandate of the people.

The foremost and principal question that should engage your
attention in this connection, is the cost of compiling, printing, and
distributing the books. The Superintendent of State Printing has
prepared estimates of the amount of money necessary for the mate-
rials, or "plant," which will be required by his department for the
performance of this work. He estimates as follows:

Alterations and improvement of building $5,000

Two large book presses ■ 13,000

New boiler and engine, shafting, pulleys, and running gear, throughout the building,

together with steam heating pipes, etc 5,000

Large bindery outfit 10,000

Electrotyping apparatus, complete 5,000

New fonts of type for special work 2,500

Engraving, as per estimate in report to Senate in 1883 3,000

Total 843,500

The foregoing would constitute the permanent plant to do the
school book work. By the time the State Board of Education is
ready to deliver the literary material for the new text-books, the
Superintendent of Printing can be ready to perform the work of
printing and publication. He presumes that a year will elapse be-
fore the compilations are ready for the printer, and that the present
appropriation for this special work should properly cover the mate-
rial and labor necessities for the year prior to the meeting of the
Legislature in 1887. On this assumption he estimates that- §36,000
will be required to purchase boo^ paper, $7,500 for stock for the
bindery, §15,000 for the payroll for the bindery, and $13,000 for other
expenses, making a total of $71,500, or, including the permanent
plant, of $115,000.

The new State Board of Education has held but one meeting since


the adoption of the amendment. The plans of that Board are in
their incipient stage as yet. The questions as to the number of text-
books, and the number, character, and kind of each class; as to
whether it is better for the State to compile all school books or acquire
a copyright title to some already compiled, have been discussed at
some length, without the adoption of definite plans as yet. Until
such plans are adopted, the cost of compilation cannot be estimated,
and during the session of your honorable body I shall doubtless have
occasion to communicate further with you concerning this important


The cultivation of the vine and the fruit tree has become a leading
industry in this State. The area devoted to the growth of cereal
products appears to have about reached its limits, while that adapted
for vine culture and fruit growing is constantly extending, the soil of
the State and its climatic conditions being particularly favorable to
the growth of those industries. There is also visible a healthful ten-
dency toward the division of large land holdings into smaller ones.
While the business of grape and fruit culture is in the main profit-
able, its legitimate followers have many enemies to encounter and
many obstacles to overcome. Fruit and vine pests, the adulteration
and imitation of genuine products by dishonest producers and deal-
ers at home, and the anticipated competition with similar products
from foreign countries, particularly in the matter of wines, render
the calling and profits of such producers neither as certain, satisfac-
tory, nor remunerative as they should be. A stringent penalty should
be imposed for the adulteration or spurious imitation of native Cali-
fornia wines or other similar articles raised or manufactured by our
people. Ample means and power should be given the Viticultural
and Horticultural Commissioners to suppress and eradicate fruit and
vine pests, and to that end an appropriation should be made to pay
the traveling expenses of the Horticultural Commissioners.

From an examination of the reciprocity treaties recently made
between the United States and Mexico and the United States and
Spain, I am of the opinion that some of the provisions of those
treaties will militate, if ratified, against the interests of that class of
our people which is engaged in the business of manufacturing wine
and producing citrus fruit and other articles of commerce. Should
your honorable body, after due investigation, come to a like conclu-
sion, I recommend that you memorialize the Senate of the United
States, protesting against the ratification of such provisions of those


By an Act of the last Legislature the sum of forty thousand dollars
was appropriated, contingent upon the subscription and payment of
a like sum by the citizens of Sacramento, to be used in the erection
of a suitable exposition building for the use of the State Agricultural
Society. A plot of ground, pursuant to the Act, was set apart by the
Capitol Commissioners from the Capitol grounds, its size being four
hundred feet square, and its location at the intersection of Fifteenth
and N Streets. The amount to be raised by the citizens of Sacra-
mento having been paid into the State Treasury, a contract was made
by the Board of State Capitol Commissioners and the State Board of


Agriculture for the erection of a building upon the plot described, in
compliance with the directions of the Act. This edifice, having been
duly completed in accordance with the terms of the contract, and
within the prescribed sum of eighty thousand dollars, was accepted
from the contractor by the two Boards named, and used for exhi-
bition purposes on the occasion of the thirty-first annual State Fair.
The building is admirably adapted for such purposes, and cannot
fail to add greatly to the success of these useful exhibitions. The
increased space affords an opportunity for a much more extensive
display of machinery and agricultural and mechanical products than
has hitherto been possible. A laudable ambition was manifested at
the Fair mentioned by a number of prominent agricultural counties
of the State to make an extended display of their resources, and the
result was an exhibition reflecting great credit upon the State.
Premiums were offered by the society for three exhibits of this kind,
which offer had an encouraging effect. Many of the State Fair
exhibits have been forwarded to the World's Industrial and Cotton
Centennial Exposition, now in progress at the City of New Orleans,
and form an important part of the California exhibition there. I
am assured that it is the intention of the society to still farther
increase the premiums for those exhibits which display the resources
of the State, and in this plan they have the hearty cooperation of the
State Grange, which has urged the importance of having our vast
cereal, viticultural, and horticultural capabilities thus publicly pro-
claimed. The exhibition of live stock at the last State Fair was con-
vincing proof that this great interest is rapidly growing. New and
valuable breeds of cattle, horses, sheep, and swine are constantly
being introduced, and great care is being taken to eliminate the
objectionable points in breeding. Our horses, already, have a national
reputation, and costly experiments are constantly being made to
determine the various strains best adapted to the wants of our peo-
ple. It is proper at this time to call your attention to the fact that a
contagious disease has been prevalent during the past year among
the horses on this coast. I would respectfully suggest to you that the
enactment of a stringent law respecting the care and disposition of
all animals so afflicted, as I believe the present law inadequate to
accomplish the total extirpation of that disease.

The efforts of the State Board of Agriculture have been ably sec-
onded by the various District Boards. These are valuable aids to
the parent institution and should be encouraged, since they are chan-
nels of information to thousands who, either from lack of means, or
want of time, are unable to attend the exhibitions of the State society.

Our State Board of Agriculture is the medium selected and relied
upon by the Interior Department at "Washington for statistical infor-
mation concerning this State, and for the distribution of reports,
documents, and seeds sent out by that department. This is an
important branch of the duties of the State Board, which, I suggest,
might be profitably extended by the establishment, under the direc-
tion of the State Board, of a bureau of statistics for the collection
and distribution of all matters of information pertaining to crop
statistics and agricultural questions generally throughout the State.
Such a Course has been pursued in some of the most wealthy and
most prosperous of the Western States with beneficial results. The
system mentioned has already been adopted by the State Board of
Agriculture to a limited extent, but with the aid of a legislative


enactment the Board will be able to obtain much fuller information
than otherwise, and will further be able to make the results of inquiry


Judging from the report of the Fish Commissioners, those gentle-
men have been untiring in their efforts to vigorously administer the
laws prescribing the duties of their office. The question of a food
fish supply is fast becoming important to our people. The supply of
fresh meat, which has hitherto been the staple animal food of the
community, is diminishing in quantity in the same ratio that it is
increasing in price. As our population increases, lands which have
been used for grazing purposes are devoted to agriculture, and the
cattle and sheep in diminished numbers are removed to ranges on
the frontier less favorable to their increase. Meat is becoming so
costly that the great mass of the community whose means are limited
can barely afford to purchase it as a daily and common article of
food. The importance of doing all that lies in our power to place
within the reach of all another article of food which will supply the
common want at a small cost, is therefore clearly apparent. Atten-
tion should be directed to the necessity of filling our streams with a
generous supply of food fish and preventing depredations upon them
before the fish attain the age and size which renders them fit for
dietary use. To enable them to accomplish the latter object, the
Fish Commission, in addition to the usual appropriation, ask that
you authorize the expenditure of the sum of three thousand dollars
for the purchase of a steam launch to be used by the Commission in
the pursuit and prosecution of offenders against the laAvs on this sub-
ject. They further ask that you appropriate ten thousand dollars to
be expended in the establishment and construction of a State salmon
hatchery. The General Government having practically abandoned
the work of supply in this direction, the necessity of a State hatchery
is more apparent. The Commission make further suggestions regard-
ing a fish-boat license system, to which I respectfully call your atten-
tion. The fact that during the past year more than ten million
pounds of salmon, representing a money value of one million five
hundred thousand dollars, have been taken from our waters, and the
further fact that the value of the home consumption of fish in this
State during the same period was more than five millions of dollars,
are impressive reminders that the fish interest is one which the State
cannot afford to neglect.


As characterizes all the documents issued by that office, the report
of the State Mineralogist for the year ending May 15, 1884, is full and
comprehensive, and bears evidence of studied care in its preparation.
I call your attention to the fact that the collection of the State Miner-
alogist, consisting of a very valuable museum and library, is located
in a building in San Francisco altogether unsuited for the purpose,
and peculiarly exposed to destruction by fire. The collection, which
comprises some six thousand specimens, if once lost could never be
replaced, and some provision for its security, both from fire and theft,
should at once be made.

The appropriation hitherto made for the use of the State Mineralo-


gist is, I am informed, inadequate to meet the necessary expenses of
his office. Since the decline in the sale and transfer of mining stocks,
formerly the main dependence of that office, very little has been
realized from that source. The bureau must, therefore, depend, in a
great measure, upon the direct appropriations made by your honor-
able body.

The Legislature should not lose sight of the importance of our
mining interests. While we are without doubt dependent upon agri-
culture and kindred interests for the greater part of our material
prosperity as a State, our mining interests are, at the same time, of
too great importance to be allowed to languish. According to the
report of the Director of the United States Mints, the mines of the
State produced in the year 1883, $14,120,000 in gold, nearly one half
of the entire amount of that commodity produced by all the States
in the Union, and more than one sixth of the amount of that metal
produced during that period by the entire world. Although thirty-
six years have elapsed since the first discovery of gold in this State,
we still find that new and rich mines are being discovered and
developed at the present time within our borders. Our State, for a
long period to come, will, no doubt, be the leading field of deep
gold mining operations. Every new discovery of this precious metal
creates an active interest, not only in our own market, but in the
markets of the world. Gold and silver will, no doubt, continue to
be the circulating medium of exchange necessary to carry on the
commerce of the world. We should, therefore, hold out every legal
inducement and encouragement to those engaged in mining enter-
prises. Would it not be good policy to empower and require the
State Mineralogist to visit every important mining locality in the
State, to inspect mines, to collect data, to receive and impart infor-
mation, and to make the knowledge gained by him public for the
general benefit? From the superior qualifications of that officer, he
would no doubt be able to impart information which would be val-
uable to those engaged or about to engage in developing mines of
the precious metals, and which would redound to the financial pros-
perity of the State. The Courts have justly decided that mining by
the hydraulic process is injurious to the agricultural interests of the
State, and must cease. Some method other than that named will, no
doubt, be devised for extracting the gold from our deep placers. The
attention of the State Mineralogist might profitably be directed to
this subject. By the creation of a small fund, to be placed to the
credit of that officer, for the purposes mentioned, much good might be


The subject of general agricultural irrigation is one which has for
many years been gradually but surely increasing in importance,
until the questions to which it gives rise have come' to take rank as
leading issues in our State. And since the prosperity of our people
is largely -dependent upon the results of the artificial union of waters
and soils, it becomes my duty to ask your most serious attention to
this subject.

The question of irrigation is not a local one interesting only par-
ticular portions of our State. Our climatic surroundings make
California a region where artificial watering is an absolute necessity
for the full development of our agricultural resources, and the possi-


ble requirements and support of populations such as exist in our
sister States of the Atlantic seaboard. Therefore, let the representa-
tive of no county consider that his constituents are not closely con-
cerned in the irrigation problem, for all agricultural districts in the
State are by nature irrigation regions of some type, and are to be
developed as such in the not distant future. Every community has
interests, more or less directly staked upon success in applying
waters to thirsting lands.

It is clearly evident that this union of lands and waters cannot be
accomplished under a law which gives every dweller upon the bank
of each stream the right to have the waters flow, as by nature desig-
nated, within their banks.

Our Supreme Court, by a recent decision, has declared such law to
exist; and while this decision is, no doubt, in accordance with the
law as it now stands on our statute books, it appears that a new
enactment is necessary to meet the wants of our people. If the
owners of the stream channels own the waters, then there should be
a law under which, after due compensation, these waters may be
taken and used in irrigation. Such legislation is necessary, whether
the irrigation is to be practiced alone on bank lands or on those not
bordering the streams. For, as the right to hold the water in the
streams is an individual one, appurtenant to each land owner on the
bank, it is evident that one property owner on the bank has it in his
power to defeat a proposed plan of irrigation desired by the entire
community in which he resides.

The issue is not one between riparian claimants and appropriators
of water, corporate or individual, in either case, but between the out-
stretched plains, from river to river, on the one hand, and the lands
bordering the river channels on the other. Shall the waters fructify
our plains, or shall they be lost in the sandy beds of the stream
channels, or, flowing onward, be lost in the sea? Our Constitution
protects the rights of property, and our Courts, in accordance there-
with, adjudicate on property questions as between individuals. The
duty of the Legislature is to provide laws such as will insure the
prosperity of the general commonwealth.

The conflict between riparian claimants and the appropriation
interest is not the only problem presented by the irrigation question.
There is another class of conflicts which are continually in progress
between the diff"erent users of water, and which are only kept within
moderate bounds by the apparent necessity for appropriators to unite
and make common cause against the riparian interest. These clash-
ings are the result of the defects in our water-right system, if such it
can be called which accords privileges without requiring sufficient
proof and adequate recordation of the fact of use. Rights to use
water, under our Civil Code, are mere undefined and unproven
claims, the extents and dates of which are known only to their hold-
ers or claimants. There never can be any settled condition of affairs
in the irrigation interests till this evil is remedied, whatever be the
solution of the problem of riparian rights. There should be a record
and title to water claims as clear and indefeasible as to land hold-
ings, and the enactment of a wise law would, in my opinion, accom-
plish this.

Water rights being definitely adjusted, determined, and recorded,
the question of the administration of the streams presents itself as a
living issue. Even when the extent of individual rights is clearly


known, it is not expected that twenty or thirty claimants of water,
under, perhaps, more than a hundred claims of different dates, and
for varying amounts, scattered for many miles along a stream which
is continuously varying in volume, will be able to fairly part out
their portions of the water, unless there is some authority which will
compel observance of the law and obedience to administrative action.
The history of these questions uniformly tells us that such rights
must be administered by some executive power, or unending litiga-
tion and injured interests result, until, the strong overcoming the
weak, monopoly of waters follow, and monopoly of land is the final
result. There must be administration of streams where irrigation is
practiced, and for this some carefully devised legislation is necessary.


During the two years just passed, the State Engineer has been
chiefly engaged in completing his general report on the subject of irri-
gation, together with the special maps illustrating the same, and the
general maps of the State heretofore ordered to be made. His work
is now in the condition wherein publication should be commenced.

Some portions of the report on irrigation have been printed as
advance sheets, and from them your honorable body will be able to
judge of the extent and value of the proposed work, and make such
provision for the completion and publication of the report as to you
may seem fitting.

Under my direction the State Engineer has also been engaged on
works for several of the public institutions of the State. The special
fire-protection waterworks at the Napa Asylum, and the sewerage and
sewage disposal works at the Stockton Asylum, have been designed
by and constructed under his direction.

It seems to me that the State Engineering Department, should be
established upon a permanent basis, and that the State Engineer
should be designated by law as the expert upon whom the Governor,
and through him the various boards of commissioners, di^rectors, or
trustees in charge of the several public institutions, should call for
professional service and advice. The ofiice of the State Engineer
should be a general repository of information, such as the drainage
and irrigation interests of the State demand, and this should be
accessible to all of the people. The department should be utilized as
it has been in the State of Colorado, in the practical settlement of
water-right difficulties, and in furnishing the information concerning
the flow and measurement of waters upon which alone they can be
apportioned to claimants from the streams. I call your attention to
the fact that the irrigators assembled in State Convention at Riverside,
San Bernardino County, in May, and at Fresno, in December of the
past year, have substantially requested that this be done.

The various reports of the State Engineer, which will be transmitted
to the Legislature, will enable your honorable body to judge of the
detailed work of this department during the past two years.

THE veterans' HOME.

After four years of constant labor, the Directors of the Veterans'
Home Association have secured an extensive tract of land in Napa
County, and have built thereon an asylum for disabled soldiers and


sailors. The land and the improvements have cost about forty thou-
sand dollars, and the association is now practically^ out of debt. The
amount appropriated at the last session of the Legislature is not ade-
quate for the proper support of the inmates of the Home. The man-
agers have therefore relied to a great extent upon private donations
and subscriptions to supply the deficiency. This support they have
found to be precarious and uncertain, and it has been with much
difficulty that the institution has been maintained up to the present
time. A proposition has been advanced to, and has been favorably
considered by the Board of Directors, to the effect that the institution

Online LibraryCalifornia. LegislatureAppendix to the Journals of the Senate and Assembly of the ... session of the Legislature of the State of California (Volume 1885v.1) → online text (page 2 of 83)