The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1889-07-27

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born fight in order that their pet
measures remain intact, but many
of the clauses over which they have
sweat and fumed and burned the
midnight oil, are swept away in the
committee of the whole in a few
seconds. While it is questionable
as to whether this hasty action
betters matters any, the Committee
is all-powerful.
BILL OF RIGHTS.
The report of the Com mit,ee on
this subject, provoked an extended
and interesting discussion continu-
ing three days. Excluding the
Mormon section published last
week. the most radical changes
were as follows:
A clause declaring that private
property can be taken for public use.
The use oflands for bitches, fumes,
roads, tunnel, dumps, easements,
and FOR ANY OTHER NECESSARY,
BENEFICIAL or SANITARY purpose
is declared a public use. Private
property cannot be taken for public
use without just compensation
therefore. The words empathized
above were the bone of contention
it being claimed that such plo-
vision would be the cause of endless
controversy if not blackmail Car
ried to it's logical conclusion an in
dividual can continually harass his
neighbor if not have his property
confscated and destroyed. The
use of private lands for irrigating
.diches, fumes, roads, mining tun-
rcls, etc, is public use and should
be so declared, but here the line
should be drawn
Three-fourths of jury may rem
der verdict in civil case and
five-sixth of jury may render a
verdict in criminal action where
the offense is not greater than
misdemeanor.
A person can be be held for trial
for a criminal offense upon the in
formation of a public Prosecutor
after commitment by a magis-
trate, except in cases Of impeach-
ment, in cases cognizable by Pro-
bate courts, by Justices of the
Peace, etc. A Grand Jury can be
summoned upon the order of a
Judge of the District Court.
LEGISLATIVE.
The Committee of the Whole
changed the report Of the Legisla-
tive Committee so as to provide
that Senators and Representatives
shall be elected for two years. The
first Legislature shall consist of IS
Senators and So Representatives.
This number can be increased bv
the Legislature to "A Senators and
60 Representatives. They shall be
apportioned according to the vote,
at the last election, but each county
shall have at least one Representa-
tive.
IRRIGATION.
SECTION /. The use of all waters
now appropriated, or that may
hereafter be appropriated for sale,
rental or distribution; also Of all
water originally appropriated for
private use, but which after such
appropriation has heretofore been, or
may hereafter be sold rented, or
distributed, is hereby declared to be
a public use, and subject to the
regulation and control of the State
in the manner prescribed by law.
SEC. 2 The right to collect
rates or compensation for the use
of water supplied TO any county,
city, town or water district, or the
thereof, is franchise,
and cannot be exercised except by
authority Of, and in the manner
prescribed by law.
SEC. 8. The right to divert and
appropriate the unappropriated
waters of any natural stream to
beneficial uses shall never be denied,
Priority of appropriation shall give
the better right as between those
using the water for the same pur-
pose; but when the waters of any
natural stream are not sufficient
for the service Of all those desiring
the use of the same, those using the
water for domestic purposes shall
(subject to such limitations as may
be prescribed by law have the
preference over those claiming for
any other purpose, and those using
the water for agricultural purposes
shall have preference over those
using the same for manufacturing
purposes.
SEC. 4. All persons and corpora
tons shall have the right of way