PULSE OF THE IRRIGATION INDUSTRY 



163 



THEORY OF TURBINES. 



J.Wiley & Sons, of New York, have published a very 

 comprehensive treastise on turbines by De Volson 

 Wood. It deals with the subject in an exhaustive 

 manner and is illustrated with many diagrams and 

 cuts. It also contains many tables which are of great 

 value to the engineer. Price, in cloth, $1.00. J.Wiley 

 & Sons, 53 East Tenth Street, New York City. 



ART IDOLS. 



"Art Idols of the Paris Salon," published quarterly 

 by the White City Art Publishing Company, 319 

 Dearborn street, Chicago. Price 81 a number, 84 

 per year. We have received the second number of 

 the "Art Idols of the Paris Salon," a publication that 

 does credit to the publisher in his ideal of the prac- 

 tical production of the old masters and the modern 

 efforts of the new. The illustrations are handsomely 

 executed and the letterpress shows the touch of 

 genius. In this age of art we hope the publisher will 

 realize all his hopes have painted. San Francisco 

 News Letter. 



WANTED A FAIRY STORY. 



Little Johnny Tell us a story, uncle. 



Uncle Wayback (from the West) All right, chil- 

 dren. You want a true story, I s'pose. 



Little Johnny No, tell us one of those fairy stories 

 about cyclones, and grasshoppers, and things you were 

 telling the company last evening. Good News. 



DREDGES AND SHOVELS. 



The Marion Steam Shovel Company are the manu- 

 facturers of a line of steam shovels, ditching dredges 

 and ballast unloaders capable of performing almost 

 any service required, and they are the best of their 

 kind on the market. The building of large canals 

 and dams necessitates the excavation of thousands of 

 yards of earth and rock, and experience has shown 

 that a steam shovel or dredge is the most economical 

 way of accomplishing this. The Marion Steam 

 Shovel Company have been engaged in the manu- 

 facture of this class of machinery for many years, 

 and bring to it a long experience and a thorough 

 practical knowledge of the requirements of the busi- 

 ness. Their factory at Marion, Ohio, is a very large 

 one, covering several acres of ground. An illustrated 

 catalogue, giving a full description of their machinery, 

 will be sent upon application. 



PUMPING TWO HUNDRED THOUSAND GALLONS. 



SYRACUSE, KAN., March 14, 1895. 

 WEBER GAS AND GASOLINE ENGINE Co., Kansas 



City, Mo. 



Gentlemen : You have no doubt wondered why we 

 did not answer your letter, but we did not want to 

 write you till we had made thorough tests of the 

 engine. We have now thoroughly tested the No. 4 

 Engine bought of you last September, and stand 

 responsible for what we say, and we can say truth- 

 fully that it will do all and more than you recommend 

 it to do. 



We raise 200,000 gallons per hour seven feet 

 high, using a Menge pump, and can irrigate twelve 

 to fifteen acres of land a day. We use one gallon of 

 gasoline per hour, costing us 13c. 



We invite the public to come and see our plant in 

 operation, and stand ready to answer all questions 

 We heartily recommend your engine to any and 

 everyone who thinks of putting in an irrigation plant. 



When it comes to WATER we are independent of 

 everyone now, and it would be impossible for us to 

 say too much for the " WEBER," and if you want to 

 shape up a testimonial letter from us you have our 

 full permission to do so. You cannot exaggerate the 

 work of the " WEBER." 



Wishing you success, we are, 



Respectfully, H. C. PRICE & BRO. 

 Per H. C. PRICE. 



REGENT LEGAL DECISIONS. 



What Constitutes Appropriation. One who, in California, de- 

 sires to appropriate the water of a stream upon the vacant and un- 

 appropriated public lands of the United States for a useful 

 purpose, may do so by the construction of a ditch or other 

 medium of conduit, and actually appropriating- the water and 

 conducting- it to some point where it can be utilized in fulfill- 

 ment of such useful purpose; and by so doing- he acquires as 

 against all subsequent appropriators and riparian proprietors 

 acquiring title from the United States subsequent to such 

 appropriation, the right to the quantit> of water thus appro- 

 priated, and an easement of right of way into and over the public 

 land traversed by his ditch or conduit so constructed and used for 

 such purpose. If one animated by a like desire to appropriate 

 water under like circumstances finds a ditch already constructed 

 to hand, takes peaceable possession of same, and appropriates the 

 water for a like or similar useful purpose, he thereby acquires a 

 like right as against all the world, except the true owner, or those 

 holding under or through him. To the owner of a ditch thus pos- 

 sessed and used, such appropriate;- must account until his posses- 

 sion ripens into a title by prescription or adverse user. His right 

 in such case will depend for priority, as against other appropria- 

 tors of water from the same stream, upon the date of his possession 

 and appropriation, and not upon the date of the original construc- 

 tion of the ditch and appropriation by some other person under 

 whom he does not hold, and between whom and himselt there is no 

 privity of estate. His appropriation in such a case is a new and 

 independent one. and must stand or fall upon its own merits. 



Utt v. Frey. (Supreme Court of California.) 39 Pac. Rep., 808. 



What Constitutes Abandonment. The right which is acquired 

 to the use of water by appropriation may be lost by abandonment. 

 To abandon such right is to relinquish possession without any 

 present intention to re-possess. 1o constitute such abandon- 

 ment, there must be a concurrence of act and intent, viz. : 

 the act of leaving the premises or property vacant, so that it 



not sufficient; nor will the non-user alone, without an inten- 

 tion to abandon, be held to amount to an abandonment. Aban- 

 donment is a question of fact to be determined by a jury or the 

 court sitting as such. Yielding up possession and non-user is evi- 

 dence of abandonment, and, under many circumstances, sufficient 

 to warrant the deduction of the ultimate fact of abandonment. But 

 it may be rebutted by any evidence which shows that not withstand- 

 ing such non-user or want of possession, the owner did not intend 

 to abandon. 

 Utt v. Frey. (Supreme Court of California.) 39 Pac, Rep., 897. 



Action to Ee-Enjoin Interference With Right 'to Use Waters. That 

 the water of certain springs was liable to appropriation, and that 

 one appropriated it, is sufficiently averred in a complaint to enjoin 

 another from interfering with his right to use the water from his 

 mine and mill, where it alleges that the land on which the springs 

 were situated was government land ; that no 'one was in actual 

 possession ; that he took possession of the water and springs by 

 entering on the land, and constructing the necessary ditches, reser- 

 voirs, and pipe line to conduct the water to his mill; and that he 

 has used it adversely for more than five years. Under a complaint 

 to restrain the interference with his alleged right to the use of 

 water, alleging appropriation by entry on public land, and a pre- 

 scriptive right by use for five years, evidence is inadmissable that 

 he acquired a right to take water by the permission of persons who 

 had previously applied to purchase the land from the State, and 

 whose application had been approved. 



Public lands selected by the State in lieu of school lands is not 

 lands belonging to the United States, in such a sense that a water 

 right by appropriation may be acquired at any time before the 

 issuance of a patent, notwithstanding its occupancy by one who 

 has made application lor its purchase from the State. 



Shenandoah Mining & Milling Co. v. Morgan. (Supreme Court 

 of California.) 39 Pac. Rep., 802. 



