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State with water eight hundred feet deep each year.
(Interpolated after: “on my own investment.”)
I have placed here on the rostrum a few copies of the code as it was proposed to the last legislature. It will be republished in a few days without the stickers in it that are put in it. The commission held one meeting in Spokane after the meeting of the legislature, took up the objections that had come in at the legislative session, went over the whole subject matter and could not see their way clear to make any changes in it. They did not think the objections were valid that were offered. They seemed to think that the same careful study of the bill on the part of the objectors would have removed the objections. Now, it has been claimed that this is an effort to belittle riparian rights or deny existing riparian rights. There is not a word of that kind in the bill and no thought of it. Of the gentlemen on this commission I wish to call attention to some atorneys who, I think, are very eminent in this State. There is Judge Graves, Charles P. Lund, your honored President here, Cyrus Happy, and then, of the engineers there was Mr. Joseph Jacobs and Mr. Marvin Chase. I might name the whole seventeen members that were on the committee, but that is hardly worth while. We took that up in a long series of investigations, made a careful study of it and spent a great deal of time in getting the thing together. Now, gentlemen, I am making no appeal for that bill; I would not give a flip of my hand whether that bill is passed or whether it is not, but I think, waiving a few things, we have a right to demand of our legislature part of those, because we do have a right to demand that these titles to the water be settled and made a matter of record. You know, in your practice, when a gentleman comes in and you are preparing papers to transfer title to water, you cannot abstract it. No record title can be gotten at that is worth anything. That thing has been cured. Then the tend
ency of our courts has been towards requiring that water be used, if a man is going to hold a title, and I think 47 Wash. will indicate the intentions of our own court in that way, and I think we should fix it so that a man might use the water, or, in other words, we should make the use of the water the basis of title.
And then I refer to the subject of dams for just a minute. You will find, in one of the reports of this State—I cannot quote which one just now—a dissenting opinion on the subject, as it came up from Yakima County, permitting the condemnation rights for the location of a dam, and the dissenting opinion calls, very pointedly, the attention of the public to the fact that we have no laws existing at the present time which control and require them to be built safely. Anybody can build a dam at the present time—any damned old dam he wants to, and nobody is going to interfere with him because nobody has a right to unless it is done through injunction proceedings, or something of that kind. Now, we have one other thing in our present statutes. We have this condition of affairs. We have a Water Commissioner that may be sent out to the various counties to distribute the waters in the county, and he is required, under the law, to distribute them to the rightful owners, and there is not anybody in the county who knows who the rightful owners are. There is a burden placed upon him that cannot be discharged.
We have undertaken to do four things in here; settle these titles, provide for the initiation of new titles, provide a protection for the construction of dams under proper supervision, and distribute water to the rightful holders.
I thank you for the opportunity of addressing you.
Mr. Arthur: Mr. President, the Macedonian cry of anguish comes to us from the leading city of the State, showing a condition of affairs that has affected, very unfavorably, the attendance on this meet
ing of the Washington State Bar Association. Here is some explanation of it:
“Seattle, Wash., August 6th, 1914. “President Washington State Bar Association,
“Wenatchee, Washington. "Active mobilization and reservist calls detain us. Trust meeting will be success. Restraining your Secretary will add to concord of nations. Shaffer is a gink. He can explain. Qui prior est in tempore prior in jure.
“EX- NECESSITATE Seattle Bar Members."
Now, Mr. President, the great importance of this, showing that the troubles in Europe have extended even to the City of Seattle, justifies us in placing this on record. I move you that it be placed on record and placed in our proceedings.
The motion received a second.
Mr. President: You have heard the motion. All in favor, say aye; contrary, no.
Mr. Shaffer: NO!
Mr. President: I notice that Professor Waller says that over in Yakima County we did, with this water business, what we usually do with everything
-we contracted for all we could get. He says if we get all the water over there we ask for we will have enough water to cover the State of Washington eight hundred feet deep, but he never heard the song we sing: “Oh, Lord, you know how dry I am.”
Judge Chadwick: Mr. President, I move that the thanks of this Association be extended to Mr. Waller for his very able and strong address.
The motion received a second, was put and carried.
Mr. President: The next report will be the Report of the Portrait Committee, Mr. C. S. Shank, of Seattle, Chairman.
Mr. Secretary: Mr. President, Mr. Shank
could not be here but has forwarded his report. However, Judge Chadwick is on that committee, and I presume he ought to read this report.
Judge Chadwick: Go ahead. .
REPORT OF SPECIAL COMMITTEE ON MEMORIAL TO LATE
CHIEF JUSTICE DUNBAR. To the Washington State Bar Association:
Your committee would respectfully report that at the close of the annual session of the Bar Association held in Seattle in 1913, it had a meeting at which it was agreed that a suitable oil portrait of the late Chief Justice Dunbar would be a proper and appropriate thing to secure. They were led to this view in a belief that it would be the desire of the Bar Association and the friends of the deceased Justices of the Supreme Court to have in the Temple of Justice portraits of all who had served as members of that court.
After an extended investigation among artists, your committee finally selected Miss Ella Bush, of Seattle, to do this work for three reasons: (1) Her work seemed to compare favorably with other avail. able artists. (2) She is a resident of our state. (3) Her prices were very much more reasonable.
We found that Miss Bush would paint the Dunbar portrait for $500.00, this being sufficiently large to include a two-thirds figure and the hands, or she would add to this the portraits of former Justices Anders and Reavis for an additional $300.00, making a total for these three portraits, taking them together, of $800.00. It seemed to your committee that it would be the desire of the Bar Association to include the portraits of Justices Anders and Reavis, they being the only two who had served upon the Supreme Bench who were then deceased (since that time former Justice William H. White has died), and accordingly this order was placed with Miss Bush. The Dunbar portrait has been finished and is now ready for unveiling, excepting that it has not been framed. The Anders and Reavis portraits are well under way and it is hoped that they likewise will be completed, ready for unveiling by the opening of the October term of court.
By the aid of your secretary notices have been sent to the various members of the Bar of this state irrespective of their membership in the association, asking for small contributions to the fund necessary to pay for these portraits and the framing of them. We are not advised as to the exact amount that has up to date been received, but at last reports there was only about one-half of the total amount raised.
The frames for these three portraits will cost approximately $100.00 each, making a total of $1,100.00 for the portraits and their frames.
Your committee would recommend that suitable unveiling exercises be held in the Supreme Court rooms at Olympia at or prior to the opening of the October term of court.
CORWIN S. SHANK,
Mr. Secretary: I should state at this time I understood the committee would have the portraits here and present them, but I understand they are not ready yet; at least, the committee hasn't them here.
Mr. President: What is your pleasure as to the report?
Mr. Condon: Mr. President I move the report be received and adopted.
Mr. Arthur: I second the motion.
Mr. President: All in favor of the motion, say aye; contrary, no. The report is adopted.
Mr. Secretary: I might add that I had a report of the Portrait Fund, but I have mislaid it among some other things. A little less than six hundred dollars has been collected so far but there is a little coming in all the while. We have no doubt we will be able to raise the money all right.
Mr. President: Next on the program is the Eulogy by Honorable W. T. Dovell, of Seattle, of the late C. G. Gose, Ex-President of the State Bar Association.
Mr. Dovell: Mr. President; Gentlemen of the Association:
(Reads paper, which was applauded. See Appendix.)