Idaho news. (Blackfoot, Idaho) 1887-1891, 1889-07-27
IDAHO CONSTITUTIONAL coNyEN.
TION.
FIFTEENTH DAY, JULY 10.

by Chaplain. Roll call, 90 members
answering to their names. Journal
read, corrected, and approved
Mr.. Poe, from Committee on Sal.
aries, made Report; read, ordered to
be printed.
| Ia Committee of the Whole, on the
Bill Of Rights, Mr. Mayhem in the
chair, The Committee on Rights,
and the Committee on Agriculture,
manufactures and Irrigation, and the
Committee on Mines and Mining, hav-
ing held joint session, Mr.. Standrod
reported AS substitute for .he sec
ton under consideration, in regard to
the use of private property for public
use, the following;
The necessary use of lands for the
construction of reservoirs, or storage
basins for the purpose Of irrigation
or for rights Of way for the construc-
tion of canals, bitches, fumes or pipes.
70 convey water TO the place of use,
for any useful, beneficial or necessary
purpose, or for drainage; or for the
drainage OF mines; or the working
thereof by means of roads, railroads.
tramways, cuts, tunnels, shafts, hoist
ing works dumps or other necessary
means to the complete development,
or any other use necessary TO the
complete development OF the natural
resources Of the State, or the preserv-
alton Of the health OF its inhabitants.
is hereby declared to be a public use,
and subject TO the regulation and con.
troll OF the State. Private property
may be taken for a public use, but
not until just compensation, to be
ascertalned in the manner prescribed
by law, shall be paid therefor.
Mr.. standrod replied TO the sug.
gestion which had been made that
the provisions Of the proposed section
might be inconsistent with the pro
visions OF the Federal Constitution
and read authorities, decisions OF
federal courts, TO sustain his view OF
the question
Mr.. Hepburn said that IL private
property is TO be taken for public use.
IL must be carefully provided that it
is for all public uses, and not for the
use ofany special interest He thought
the substitute possibly required an
amendment.
Dir. Clagget replied, reading and
explaining the substitute in detail.
He said gentlemen had been living so
long under territorial government
that they seemed to forget the great
rights Of State, under the old right
OF eminent domain. This substitute
is the careful work of three large
committees of this Convention, and
he deprecated its mutilation by amend. |
ment Various questions being ask.
ed of the gentlemen, his time was ex-
tended, and he made a lucid state
ment Of the grounds upon which |
private property may legally be taken |
for public use, and of the great neces-
sity to Idaho in the development Of
her extensive mineral and rich agri. |
cultural resources that this doctrine
be clearly understood, and the pro-
visions for its exercise be clearly set
forth in the Constitution.
Messrs Reid, Hagan, Batten and
Ainslie asserted that the provisions
of the substitute far out laws all
legislation on this subject in any
State of the Union. They declared
that II was directly in the face Of
provisions of the Federal Constitution,
and a Constitution with these provi-
sions would never receive the APP
proval of the people and so would
never reach Congress where 1t would
be instantly repudiated.
Mr. Morgan said irrigation was
grand necessity in Idaho, and he OBJ
jected to the substitute as not going
far enough. We must have the right
to take private property even for
private use. Men must cross other
mems land with irrigating bitches, or
Idaho cannot be developed, He
knew that this might he extreme and