St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-08-04
The Constitutional COnven-
ton Sends a Long Memo
rial to Uncle Sam.
Secretary Noble Explains
That There Is No Cause
for Alarm.
Entries Of the Kind Specified
by Gov. Shoup Have Been
Prohibited.

w ASHlNGlON. aug o. iO IullONluS
kilograms to-day passed between Gov.
Shoup, of Idaho territory, and Secretary
Noble, of the interior department:
Boise CITY, Idaho July 80 1SS9.-To the
Secretary of the Interior, Washington, ID. e:
The constitutional convention adopted the
following to-day. Enrolled copy by mail:
Whereas, the government of the United
States has taken steps towards redeeming the
arid lands of the West; and. whereas, Cor the
purpose of establishing thorough system or
reservoirs, canals and 1rrlgat1ng dltcheS, ems
gineering parties are making surveys for this
purpose and, whereas, It is learned that the
plans of the government are threatened to be
thwarted by spectators having men to fol-
low up their surveys to make filings on lands,
reservoirs and canal locations; and.
Whereas, 1t is learned that one corporation
is seeking to seize and control Bear lake, to-
gether with large bodies Of lands adjoining
its shore lines. with the intention OF making
that lake great storage basin; and
Whereas. The same corporation is seeking
to control the waters of Bear lake, together
with all The waters Of Bear river, with its
tributaries thereof. and .gulches for dis
tance Of about 80 miles in Idaho, with q
view Of monopolizing al these waters to
their own uses, one purpose of which is that
they may dispose of very large portion
thereof within the territory of Utah. greatly
to the injury of Idaho, and against the inter-
est of her people; therefore, be 1t
Resolved, That it was not contemplated by
the government of the territory of Idaho
that any such monoDOlizing of the lands and
waters OF Idaho should be permitted.
Resolved That steps should be taken al
once to prevent such seizure of reservoirs
and canal locations and the same be pre-
served for the people.
Resolved. That Bear lake should be re-
tanned for public storage reservoir, and the
lands Immediately adjoining the lake should
be Withdrawn from market to and in carry
ing out such purposes;
Resolved By the Idaho constitutional con-
yention now assembled at the capitol of said
territory having the good of the general pub
lie and the welfare OF the people OF ldano,
with the prosperity of the territory at heart
do hereby authorize the department of the
interior to take such action at once as VIII
remedy the evils which threaten this fair-ter-
ritoly in'the manner outlined IN THIS men,
orial.
Resolved. That the memorial be spread
upon the journal of this convention and q
certified enrolled copy thereof be forwarded
by the governor TO the secretary or the In
terror, @. L. SHoUp, Governor
SECRETARY MOBILES REPLY.
Department of the Interior, Washington,
D. O.: Aug, g. 1SS9.-HOn. 6, l., Shoup, gov
ernor of idaho: have inst received The res
olutlon adopted by the constitutional con-
ventlon transmitted by you to me through
telegram A full reply to this question:,
think, is found in the FOLLOWING PIoyisIG,n P OF
reads as follows: "For the purpose OF in
vesticating the extent to which the arid re-
gion Of the United States can be redeemed by
irrigation and ,o16s the segregation sncb arid ID
region, and for the selection OF sites for res
ervoirs and other hydraulic works necessary
for the storage and utilization OF water Tor
irrigation and the prevention OF noods ana
overfioWs and other necessary expenses con-
neeted Herewith, the work to be performed
by the geological survey under the direction
OF the secretary of the interior. the sum of
one hundred thousand dollars, or so much
thereof as NAV be necessary.
And all the lands which may hereaf-
ter be designated or selected by such
United States surveys for SITES for
reservoirs, bitches or canals for irrigation
purposes. and all the lands made susceptible
of irrigation by such reservoirs. bitches or
canals are from this time henceforth
HEREBY RESERVED FROM SALE
as the property of the United states: ana
shall not be subject, after the passage OF this
act to entry settlement or occupation until
further provided by law. Provided That
the president at any time in his discretion:
by proclamation. open any portion or an OF
the lands reserved by this provision
to settlement under the homestead laws
This is the law of to-day, unreserved, unre-
pealed and in full force. You perceive It's
vast extent and the immense consequences
that will follow therefrom in the direction
that your resolution points unless there be
further action in regard thereto by congress.
It follows necessarily that the SPECTATORS,
corporations or other persons referred 20 IN
the resolution are under the erect OF TINS
law unable to attain the advantages mat you
saw thev are seeking; unless the law
is repealed or the president opens
the lands TO settlement under the
homestead laws the government must
have, and will take eventually, a6so-
lutte control of every acre of arid land that
may be redeemed by the system OF reservoirs,
canals and bitches as provided in the appro-
priation act mentioned. The subsequent ap-
preparation act has not affected the above
provision This think, is full
SOLUTION OF THE WHOLE TROUBLE
between the territories of Idaho and Utah,
and parties entering upon tnese iand III
either territory will be subjected TO the supe-
rior title and further control OF the united
States. I have directed the commissioner OF
the land office to notify the local officers OF
this law and prohibit entries of the Kind you
specify, and have also ordered the superln-
tendent of the geological survey is proceed
rapidlv with the surveys on Bear river. The
statute. you observe, reserves these !aLds
from the date thereof, and the assistant
attorney general of this department. agrees
with me that it is constitutional ana ehectlve
to the extent expressed. | fully appreciate
the conflict of rights that must arise between
the territories and between territories ana
states. but these all can and Will be peter
regulated by national control tnan local con-
f1icts and contradictory legislation. rear
that the statute to which have referred IS
not known in the Western territories TO the
extent at least that it ought to be. and viii
have your dispatch and this published to-day
in full
JOHN W. NOBLE Secretary.
Following in the line of Secretary
Mobiles telegram to Gov. Shoup, the
acting commissioner of the general land
office to-day sent circular letter to all
registers and receivers in the arid re-
gions of Idaho directing their attention
to the facts and law cited in Secretary
Mobiles telegram. These registers and
receivers are directed to keep close
watch on all applications made for MI
ings along water courses and around
lakes, and where the least sus-
piciOn attaches to the hon
esty and good faith of the
applicant for such lands, to reject the
application, and under no circumstances
to permit filings to be made of water
lands by any one In the interest of syn
dicates or corporations. This action is
taken because information has been re-
ceived at the land Office that syndicates
and corporations have sent out agents to
purchase all available public lands in
Idaho ad jacent to . tab containing water,
for the purpo of utilizing the water
for the irrigation Of the arid lands OF
Utah, thus depriving Idaho of its nat
%or.