ADULTERATION OF FOOD PRODUCTS. 



23 



one sees daily fallen by the way in our 

 gutters and on our pavements. What it 

 ultimately will produce in commerce is 

 between $25 and $30. There is not a part 

 of the animal that has not mercantile uses. 

 Out of the hide are wrought gloves, boots 

 and shoes; the hair goes into cloths and 

 mattresses; the bones into buttons; the 

 flesh into oil fat, oleomargarine and butter- 

 ine; the hoofs into glue; the intestines into 

 delicate membranous pouches for drugs 

 and medicines. And it can scarcely be an 

 agreeable sensation to those of the Ameri- 



can body politic who swear their gastronom- 

 ical faith on a plate of buckwheat cakes 

 ordered from the restaurant of the period, 

 with a side partner of three strata of but- 

 terine alongside for concurrent consump- 

 tion, should he stop to reflect that the 

 fleshy part of a dead horse, seen perhaps 

 a week previous lying on Broadway, was 

 the basic property of the dressing applied 

 to his provender. " 



*This was written shortly previous to passage of laws 

 against filled cheese. 



LEGISLATION RELATING TO IRRIGATION, 



BY CLESSON S. KINNEY. 



IN the case of Puttnam vs. Curtis et al. , 

 recently decided by the Court of Ap- 

 peals of Colorado (43 Pac. Kep. 1056), it 

 was held: The respective interests of dif- 

 ferent persons in the same irrigation 

 ditch qanuot be adjudicated in a proceed- 

 ing under the general statute of Colorado, 

 section 1766, authorizing proceedings to 

 determine the priority of right of appro- 

 priation of water as between different 

 ditches in the same water district. 



ABANDONMENT OF BIGHTS. 



It was also held in the case last above 

 referred to, that the non-appearance of the 

 owners of an interest in an irrigation ditch 

 in a proceeding under section 1766 of the 

 general statute of Colorado, to determine 

 the priority of right of appropriation be- 

 tween it and other ditches in the same 

 water district, does not show an abandon- 

 ment by the owner of his interest. 



RIPARIAN BIGHTS BIGHT TO PUMP WATEB 



FBOM A STBEAM. 



In the State of California, both rights 

 acquired by appropriation and rights of 

 riparian owners are held to be valid. In 

 the case of Charnock et al. vs. Higuerra 

 et al. , decided by the Supreme Court of 

 that State, it was held that a riparian 

 owner may pump water from a stream for 

 irrigation purposes, provided that he takes 

 no more than his proportionate share, the 

 method of diversion being immaterial; 

 and that the amount of water which a 

 riparian owner may take for irrigation 

 purposes is not limited to that necessary 



for land to which the water may be led in 

 ditches by force of gravity, but extends to 

 the taking by pumps or otherwise, of water 

 necessary to irrigate lands above the level 

 of the stream. 



SUBTEBBANEAN WATEB8. 



In the case of Gould vs. Eaton et al. , 

 decided by the Supreme Court of Califor- 

 nia, on March 21, 1896 (44 Pac. Rep. 319), 

 the court held that percolating waters be- 

 long absolutely to the owner of the soil, 

 and that his title thereto is not affected by 

 the fact that an impervious strata beneath, 

 and on which the porous strata containing 

 the water rests in close contact, diverts the 

 course of percolation to and over adjoin- 

 ing land into a natural stream. 



Mr. Justice Harrison, in rendering the 

 opinion of the court in the above case, 

 said: 



"The rule is well established that the 

 principles of law which govern the right 

 to waters flowing upon the surface of the 

 earth are inapplicable to waters which are 

 beneath its surface and percolate through 

 the soil. The water which is held by the 

 soil is a portion of the soil itself, and be- 

 longs to the owner of the land, as fully 

 as any other ingredient of the land. Han- 

 son vs. McCue, 42 Cal., 303; Railroad 

 Co. vs. Dufour, 95 Cal., 615; 30 Pac., 

 783. This rule is not changed by the 

 character of the material through which 

 the water percolates whether it be loose 

 sand or a more compact sandstone. So 

 long as the water is in a condition of ni- 

 tration or percolation, it is a part of the 



