4886 
THE AURAL NEW-YORKER. 
3ntat£t’l cuius. 
SOCIETY NOTES. 
The American Institute of this city will hold 
its55th annual exhibition from September 29th 
to December 4th. 
startsjright. The constitution informs us that: 
“No races, trots or trials of speed for money 
or other valuable things offered or provided by 
any'person other than the Association shall be 
allowed upon the fair grounds, nor will any 
gambling or lottery schemes of any kind or 
liquor selling—beer or strong drink—be toler¬ 
ated.” The constitution is an admirable one. 
The New York State Dairyman’s Associa¬ 
tion will hold its annual convention at Nor¬ 
wich, Chenango County, December 14th. 
The exhibition of the Massachusetts Horti¬ 
cultural Society last week was largely given 
up to flowers. Some magnificent gladioli 
were shown, one long table running the entire 
length of the room being given up to these 
beautiful flowers. They were of innumerable 
colors and shades. A collection of 30 or more 
vases of sweet peas was much admired. The 
fruit exhibition was small but flue. William’s 
Favorite apple and Rostiazer, Tyson and 
Clapp’s Favorite pears were most numerous. 
Two magnificent bunches of Black Hamburg 
grapes, raised in a hot-house, attracted much 
attention. The Acme tomatoes were very at¬ 
tractive, and the Croshj sweet corn made a 
good display. 
The coming meeting of the American Hor¬ 
ticultural Society promises to be a great suc¬ 
cess. The meeting will be held at Cleveland, 
Ohio, September 7. Horticulturists from all 
over the country will be present. Twenty-five 
papers will be read by men well up in the pro¬ 
fession. Various excursions have been planned 
about Cleveland. The business meetings of the 
society will be held in the hall of the Board of 
Trade. The best hotels in the city offer re¬ 
duced rates. 
The Premium List of the Orange County 
Fair contains the points of excellence in cat¬ 
tle. The “ scales of points” for use in judging 
Jerseys, Guernseys, Holstein-Friesians and 
Ayrshires are given. A good move. Orange 
County is essentially a dairy district, and it is 
impossible to do too much to develop the milk 
and butter qualities of the 
cattle. 
The Illinois State Board of Agriculture 
Issue a neat pamphlet giving dates and other 
necessary information relating to the varions 
exhibitions under their direction. The Illinois 
State Fair will be held at Chicago, September 
0-10. The Fat Stock show, the American 
Dairy Show and the American Horse Show 
will be held November S-19. Entries are to 
be made by writing C. F. Mills, Springfield, 
Ills. The Fat Stock Show this year promises 
to be the most remarkable agricultural exhi¬ 
bition ever held in this country. 
The premium list of the Nebraska State 
Fair, issued by Sec. Rob’t. W. Furnas, is the 
neatest we have ever yet seen. The same 
compliment can be paid the ticket which rep- 
damages. The State cannot constitutionally 
pass any law to deprive these owners of their 
rights under the laws existing at the time their 
rights were acquired. I have no right, much 
less has any influential journal the right to 
place expediency above law, and counsel dis¬ 
obedience or resistance to existing law, or the 
enacting of unjust laws. It does not make 
any difference what laws they may have in 
India or any other country under the sun. The 
common law is constitutionally adopted in this 
country in the absence of statutory enactments, 
and n common law title to property once ac¬ 
quired cannot be set aside by any ex post-fa cto 
enactment. 
The conflict between might and right, which 
is every day coming to the front in some part 
of the country, should warn every honest man 
to stand up, firm as a rock, for the defence of 
every vested right. To yield one point to-day 
is to yield two to-morrow. God’s just dis¬ 
pleasure with a compromising nation has 
shaken it to its very foundation once, and 
shall we not heed the warnings of the coming 
st orm ? California would much better let every 
irrigated acre become desert than imperil her 
very existence by wronging one portion of her 
population at the demand of another. 
Every civilized nation, whatever its form of 
government, recognizes in its judiciary the 
conservator of the people's rights. But in 
these times of terrible unrest, dissatisfied men 
appeal their cases without scruple from the 
highest courts to the most ignorant and preju¬ 
diced of the populace. The purest and truest 
judges are held up to popular odium, and ap- 
and the right always comes to the top sooner 
or later. O. S. bliss. 
At many fairs a new' 
class has been opened, viz., 
one for dogs. The Tri- 
State Fair calls attention 
to a “canine congress,” 
and other organizations 
are preparing to recognize 
the dog as a legitimate 
member of the farm fam¬ 
ily. This plan may result 
in much good. A good, 
well trained dog stands 
pre-eminent in the brute 
creation as the friend of 
man. He stands above 
some men in intelligence 
and affectionate regard. 
Such exhibitions will tend 
to show' the public what 
care and training w ill do 
for the dog, and will serve 
to point out the deficiencies 
of the savage mongrel 
curs for which the farmer 
should have nothing but a 
charge of shot. 
At the recent meeting of 
the American Society of 
Microscopists held at Cha- 
tauqua, N. Y., Dr. Thomas 
ABERDEEN-ANGUS COWS. 
Fig. 349. 
Re-eugraved from the London Live Stock Journal. 
R. N.-Y. The Rural’s position is that 
where the interests and welfare of the great 
majority of the people of any State conflict 
with those of a small minority', those of the 
latter should yield; but without entailing any 
unjust loss. The right to the waters of a 
stream or lake tinder even a fee simple owner¬ 
ship of the abutting land is quite restricted 
according to the common law. The riparian 
owner has only a right to use the water for 
any reasonable purpose not inconsistent with a 
similar right in the owners of the land above, 
below and opposite him. He has no right to 
make such use of the water as would sensibly 
and injuriously affect its volume. Even this 
is a mere privilege running with the land, and 
not a property in the water itself. 
Whatever right he may have in the w'ater. 
however, there is no doubt that the State has 
the right to take it for public use, compensa¬ 
ting the riparian owners for whatever legal 
claims they may have on it. The State does 
this in case of canals for the purpose of trans¬ 
portation: why shouldn’t it do it in case of 
canals for the purpose of irrigation? If it does 
so in a constitutional way, how can it be 
against law or equity ? If it does so in an un¬ 
constitutional way, the courts of the State 
will declare the law invalid; and if they fail 
to do so, is there not an appeal to the LT. S. 
Supreme Court? In no case, therefore, can the 
legal rights of the property owner he infringed 
by any legislation counseled by the Rural. 
The American common law governing this 
subject comes from Eng¬ 
land, and it certainly 
seems reasonable that, in 
interpreting it, California 
judges should have regard 
to the interpretation placed 
upon it by English judges 
in English possessions 
where the conditions are 
the same as those in Cali¬ 
fornia. 
In past ages so much im¬ 
portance was given to 
“vested rights,” that little 
or no importance was 
given to any other rights. 
As the world advances, 
however, the former are 
losing a good deal of then- 
sacred, inviolable charac¬ 
ter-, and the latter are at¬ 
tracting much more atten- 
= tion. When Bismarck 
the other day decreed 
that all the Polish land¬ 
owner’s must quit Posen 
by a specified date, what 
regard was paid to their 
“vested rights” iu the 
land which he insisted 
they should sell at what- 
pao-e 558.1 ever price they could get? 
p & When the British Parlia- 
Taylor, of tho Department 
of Agriculture, read a valuable paper on butter 
fats and oleomargarine. Dr. Taylor has 
for some years conducted a series of experi¬ 
ments seeking to discover a sure test tor oleo¬ 
margarine. He discovered that there was a 
distinct difference between crystals of butter 
and those of other fats. This difference is 
shown by a powerful microscope, aud it was 
thought by many that the surest and simplest 
test for bogus butter had been found. Re¬ 
cently Prof. Weber, another distinguished 
scientist, has declared that in samples of oleo¬ 
margarine sent to him for examination, he 
can find uogreat. diffcn uoc between the phy¬ 
sical characteristics of the fat globules of but¬ 
ter aud its substitutes. This called out a re¬ 
ply from Dr. Taylor, in which he practically 
repeats his statements and combats the theory 
of Prof. Weber. He insists that the butter crys¬ 
tal has several peculiar characteristics which 
he has not yet found iu connection with nuv 
other crystals of fat, animal or vegetable. 
Dr. Taylor’s argument was elaborate and 
strong. 
The Holstein - Friesian Association of 
America offer special premiums for butter, 
cheese and fat cattle to encourage breeders 
to push the black-and-white breed into no¬ 
tice, All premiums awarded for butter or 
cheese at the Massachusetts, New York, Ohio, 
Wisconsin, Minnesota, Illinois, and Iowa 
State faii’R, won by Holstein-Friesian cows 
will bo duplicated. Premiums are offered 
at the Fat Stock show for beef Holstein- 
Friesians, both thoroughbreds and grades. 
These premiums will also be duplicated. Full 
particulars may lie obtained fromT. B. Wales, 
Jr., Iowa City, Iowa. 
The Mercer Co. Agricultural Fair Associa¬ 
tion will hold its first fair at Trenton, N. J., 
Oct. 5—8. This is a new association but it 
resents a half-husked ear of golden corn. 
Those who want to learn how to conduct a 
fair will do well to secure this little pamphlet. 
We consider it an excellent plan for the man¬ 
agers of fairs to secure the catalogues, and pre¬ 
mium lists of other associations. There is al¬ 
ways someth lug that somebody else has 
thought of that can be made useful at home. 
At the Nebraska fair, liquors and gambling 
devices are not only prohibited on the 
grounds, but they are not allowed within 40 
rods of them. We are sorry to note, 
however, that “Roman Chariot Races” and 
kindred spectacles are advertised. The 
Classes for educational display, ladies’ work, 
art aud housework are ample. The residence 
of the Secretary is at Brownville, Neb. 
THE QUESTION OF CALIFORNIA IRRI¬ 
GATION. 
I AM uot a lawyer, aud 1 have no interest iu 
the irrigation question at present so prominent 
in the affairs of our friends of the Pacific Slope, 
except as a general friend of law and justice 
between men, but I fear the Rvral’s position 
in the editorial entitled “Irrigation in Califor¬ 
nia,” is not based upon equity' or sound law. 
The men who contest the right to divert the 
waters of the rivers lying along the borders of 
their lands, own their lands in fee simple with 
all the privileges anil appurtenances thereto i 
belonging. The only right the State has to | 
them is that of eminent domain, under which 
it taxes them, and may take them for public 
but not for private purposes. But it has uot 
the right to take them even for public pur¬ 
poses without first assessing and paying the 
peals are made to the ignorant and unthink¬ 
ing to kick them out. To whom shall the 
people look for justice, when the populace 
dictate the decisions of the highest courts of 
the State? It is a terrible misfortune to a 
State that any considerable change in the 
organization of its courts should rest in the 
hands of the populace iu times of great popu¬ 
lar excitement. The appeals which are made 
to the passious and prejudices of men at such 
times, are more subversive of Republican in¬ 
stitutions in their tendencies than all the 
teachings of avowed Anarchists. Men often 
offend thoughtlessly against law aud right, 
especially when there is a popular drift in the 
wrong direction, and it stands us all in hand 
to look well into a subject before condemning 
the deliberate action of those who have had 
the largest possible opportunity of acquiring 
correct information in regard to it. Califor¬ 
nia is fortunate iu having a Legislature al¬ 
ready elected which may reasonably be ex¬ 
pected to act with more deliberation, aud 
under a deeper sense of justice to all parties, 
than one chosen in the present disordered state 
of public sentiment. Let us hope that it may 
lie fortunate enough to adjust the difficulty 
upon principles of justice aud equity to all 
parties interested. Possibly the Legislature 
may be able to satisfy itself that irrigation is 
of so much importance to the State that it 
will justify itself in pronouncing it a public 
use of the water, and condemn it under the 
law of eminent domain. This would be strain¬ 
ing the point tremendously, but it is the only 
way out of the difficulty that I can see. Even 
iu that case, the State would have to stand 
between the parties in interest and adjust the 
damages. No settlement of the difficulty not 
based upon the principles of right, will ever 
stand. The Interests involved are too stupend¬ 
ous \,to be trampled under foot. God reigns 
ment a short time back 
fixed the maximum rent for Irish land, what 
consideration did it show inthis <ost-facto le¬ 
gislation for the “vested rights” of rack-rent¬ 
ing landlords i There is just now across the 
water a good deal of talk of compelling the 
land-owners of Ireland to sell their property 
outright at a specified figure, and it is the cost 
of the measure in money, not in morals, that 
stands in the way. 
A high l’espect for the judges of the country 
is quite desirable. In England a good deal of 
it arises from the fact that the judges there 
are appointed, not elected; that they hold of¬ 
fice for life, not for a term; that much official 
homage is shown them in the courts and on 
the road: and that wig and gown distinguish 
them from the commonalty. All these adven¬ 
titious sources of reverence are lacking in this 
country. Our judges must depend on their own 
learning, intelligence, impartiality, and in¬ 
corruptibility to secure public regard. They 
are elected by the people from amoug the peo¬ 
ple, and after a time return to the peo¬ 
ple. While iu office no antiquated trappings 
or special ceremonial distinguish them from 
their fellow citizens; It is good for the coun¬ 
try that the vast, majority of them are worthy 
of high respect; but there is nothing sacred or 
iufallible about their decisions. They are re¬ 
versed every day by higher courts. Where 
several judges sit in'the same court, it is a rare 
thing to And a unanimity of opinion in any 
case. Iu the California Supreme Court, the 
decision in favor of the riparian owners was 
made by majority of only one out of nine. 
If public opinion drifts occasionally in the 
wrong direction, it drifts much ofterier in the 
right. Why assume that the public opinion 
of California is drifting in the wrong direction 
now i A now Legislature will be" elected in 
California in November; are the present mem¬ 
bers who want to be re-elected less likely to 
l>e swayed by public opinion before election 
than after? 
