6o ORANGE CULTURE IN CALIFORNIA. 



has an interest, he grants to the public, in effect, an interest in 

 that use, and he must submit to be controlled by the public for 

 the common good, to the extent of the interest he has created.' 

 "And again : 'If they will take the benefit of that monopoly, 

 they must, as an equivalent, perform the duty attached to it, on 

 reasonable terms.' 



"Again, he speaks of the common carrier, the miller, the 

 ferryman, the inn-keeper, the wharfinger, the baker, the cart- 

 man and the hackney-coachman, as pursuing a public employ- 

 ment, and exercising a kind of public office. 



"As these all have special privileges and protection, they also 

 have special duties required of them by law, as have railroad 

 and water companies. The duty expected and required of each 

 is to do well and in good faith just what he proposes to do, and 

 what he invites the public to expect of him. The common car- 

 rier must serve all impartially and at reasonable prices. The 

 hotel-keeper must serve all that come, to the extent of his 

 ability, with impartiality. The ferryman cannot discriminate 

 or drive a hard bargain with one who wishes to cross his ferry ; 

 he must serve the public faithfully and impartially. So with 

 the railroad company ; it can refuse no one who wishes to travel 

 or send freight. So, according to our statute, with a water com- 

 pany that supplies a city or town ; it must serve all at reason- 

 able rates, and without distinction of persons. So, when a 

 company commences to furnish water for irrigation, it- must 

 continue to do so, and the use of the water is declared a per- 

 petual easement to the land. 



"The law, so far as it goes, is in the right direction. There 

 would seem to be no need of new principles, or of new modes 

 of their application. What seem to be needed are, greater 

 facility and completeness in their application. 



"First Individuals and corporations that invite settlers to 

 depend on them for water, should be required by statute to 

 carry out, in good faith, what they propose in their charters and 

 in their circulars and advertisements. 



"Second When persons have settled and made homes at 

 their invitation, and, as they knew, depending on them for 

 water, they should not be allowed to oppress such persons by 



