The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-01-17

over the lands belonging to this special
interest has much connected with ii
which does not commend the sugges-
ton to my judgment; and at the same
time the history and experience OF
similar interests in other States seem
to show that it has proven wise and
judicious in the States mentioned. phe
Legislature is the trustee charged with
the duty of making all needful regu-
lations for the disposition of these
funds and the proper disposition and
control of its lands, and to your supe-
rior Judgment and discretion / will
most cheerfully defer.
LIBEL LAW.
There seems to be very general de-
mand from the press for the enactment
of more liberal provisions on this sub
ject. This is not alone matter of pri-
vate interest, but one of great public
concern; and while strict regulations
are necessary to guard the citizen from
an unwarranted license or abuse, this
great business interest, so indispensa-
BILE in this age of enlightened progress,
and which has done so much to lay
the foundation of that thrift which
marks us as people, is likewise enti-
tied to complete protection from impo-
sition; and, as have not studied the
subject sufficiently to reach different
conclusion, can but repeat the sug-
gestions as set forth in previous state
ment ofmy views, as the possible basis
for such law as may give more gen.
eral satisfaction than our present stat
ute. [ am constrained to think that
the Michigan statute on the subject of
libel would be more just to the press
and sufficiently protective to the citi-
zen. This statute provides that in ac-
lions for libel the plaintiff shall re-
cover only actual damages, lift is made
to appear that the publication was in
good faith, and does not involve a
criminal charge, and was corrected by
the defendant as soon as appraised of
its falsity. Actual damages is defined
in the law to be such damages as the
plaintiff may show he has suffered in
his property, business, trade, or other
damages, no recovery in any case to
exceed $4,000 and actual damages. In
addition to these statutory regulations
the plaintiff should be confined to one
action, no matter in how many places
the paper is circulated; but it does not
appear to me to be proper to restrict
the venue to the county in which the
paper is published.
IRRIGATION.
This is one of the most important
questions affecting the interest of a
large but partially developed section
of our State, and in no small degree
regulates the value of much of our
common school lands; and, as you will
be called upon for legislative action
on the subject, and doubtless many
theories and schemes will be submit
ted to your judgment, L would re-
specially remind you that the basis
of wisdom is experience. In ordinary
affairs, when we are called upon to
explore an unknown region, we seek
information from all who may have
travelled the pathway. Theories built
upon seeming truths may err, but the
teachings of actual events are infalli-
BILE; and, in order that you may posi-
bly, profit by what has been taught
others deeply concerned by this best
of all schoolmasters, 1 call your atten-
ton to the following from the recent
message of the Governor of Arizona:
"Our laws should clearly define the
manner of appropriating, regulating
and distributing the water supply.
The claim of great agricultural and
horticultural country which Arizona
advances is fast being conceded; with
liberal legislation calculated to
strenthen these paramount industries
the future prosperity of the Territory
is assured. There should, therefore,
by no uncertainty respecting water
rights and privileges. California has
just passed through an exciting dis
cussion of this question. The attempt
to enforce the doctrine of riparian
rights and to incorporate it into the
Jurisprudence of that State, created a
popular revolt. Old settled commun-
tiles that had been built up under the
irrigation system were threatened
with destruction by the enforcement
of the riparian system, and cry from
all the arid region of the State has
gone up to the Legislature for the dis
tribution of the water so as to build
up and enrich communities in place of
"Now that our parched plains are
fast being brought under control of
the husbandman through irrigation,
it is Necessary that the natural water
supply should be regulated by well
defined laws governing its appropria-
ton and economic control. The future
prosperity of this Territory greatly de-
ponds upon the wise solution of this
vital question. Upon the speedy
adoption ola definite policy regulating
it, rests the permanency of our agrf-
cultural and horticultural interests.
While organized capital is allowed to
construct canals and take from the
streams, lakes and ponds a
supply of water, it should not be per-
mitted to monopolize its use for spec
ulative or commercial ends. Water,
like air, is one of Natures offerings to
the people, and no individual or cor
poration should be suffered to arbi-
trarily control it to the detriment of
public or private interests.
Capital should be protected in all
its, vested rights. Capitalists should
be encouraged to build canals and irri-
eating bitches by the assurance that
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