The Helena independent., 1889-08-18
OUR ARID LANDS.
They Cannot be Gobbled by Monop-
olistie Corporations from the
Government.
Secretary Noble Gives the Law
Which is Not Generally Known
in the West.
SURVEYED sites for Storage Reservoirs
shall Remain the Property Of
Uncle Sam.

In view of the fact that the reclamation
of our arid lands for settlers Is topic up
per most at this time in the minds of the
people of Montana, the following CORES
pondence, which was received yesterday
by Governor White from the Interior de-
partment, will be of general interest Fears
that monopoIists may grab the public lands
when surveyed, as they are seeking to do
in Idaho, are entertained in Montana also,
and it is in an effort to avert this wrong
that Governor Thorp. of Idaho, at the re-
port of the constitutional convention sent
the following resolutions to Secretary
Noble. adopted by the conventions:
BOISE CITY. Idaho, Aug. 3, lSSe.-Secre-
tary of the Interior, Washington, ID. c.
The constitution convention adopted the
following to-day:
Whereas, The government of the
United States has taken steps towards
redeeming the arid lands OF the westi ana
whereas, for the purpose of establishing
thorough system of storage reservoirs, ca
nails and irrigGting bitches. engineering
parties are making surveys for this pur-
pose and
Whereas, 1t is learned that the plans of
the government are threatened 10 be
thwarted by spectators having men TO
follow up these surveys to make filings on
lands, reservoirs and canal locations; and
Whereas, 1t is learned that one corpora
ton is seeking to seize and control Bear
Lake, together with large bodies OF land
adjoining its shore lines, with the intention
OF making that lake great storage basin
and
whereas, The same corporation is seek
ing TO control the waters of Bear Lake, TO-
gether with all the waters of Bear river,
with the tributaries thereof and gulches
for a distance OF about loo miles IN Idaho
with view OF monopolIZing all these wa
k.s~ mn ~
which is that they may dispose OF very
large portion thereof within the territory
of Utah, greatly 70 the injury of Idaho and
against the interest of her people,
Therefore, BE il Resolved, That IL was
not contemplated, by the government or
the territory of Idaho, that any such mon
opolizing of the lands and waters OF Idaho
should be permitted
Resolved, That steps should be taken al
once TO prevent such seizure OF reservoir
and canal locations and the same be pre-
served for the people
OResOlyed thalBear lake should De retained
fer public storage reservoir and the lands
immediately adjoining the lake should be
Withdrawn from market to and IN carrying
out such purposes,
QResolved, by the Idaho constitutional con-
vention now assembled at the capital OF
said territory having the good of the gen.
eral public and the welfare of the people of
Idaho with prosperity OF the territory at
heart do hereby memorlallze the depart
ment of the interior to take such action at
once as will remedy the evils which
threaten this fair territory in the manner
outlined in this memorial.
Resolved that the memorial be spread
upon the journal OF this convention and
certified enrolled copy thereof be forwarded
by the governor to the secretary OF the In
terror. G.. l.. SHoUP, governor.
To which Secretary Noble replied: 1
have just received the resolution adopted
by the constitutional convention transmit
ted by you 10 me through telegram. A full
reply TO this question, / think, is found in
the following provisions of the Appropria-
ton act Os October 2. 1888, which reads as
follows:
.sFor the purpose of investigating the ex-
tent TO which the arid region of the United
States can be redeemed by irrigation, and
the segregation of the irrlgable lands in
such arid region, and for the selection of
sites for reservoirs and other hydraulic
works necessary for the storage and utili-
zatlon OF water for irrigation and the pre-
vention of floods and OveTt0ws, and 10
make the necessary maps, including the
pay of employees in field and in Office, the
cost of all Instruments, apparatus and ma
terials, and all other necessary expenses
connected herewith, the work to
be performed by the geological
secretary Of the interior, the sum of one
hundred thousand dollars or so much there
of as may be necessary. And the director
of the Geological Survey under the super
vision of the secretary of the interior,
shall make a report TO congress on the first
Monday in Decem ser OF each year, show
ing in detail how the said money has been
expended, the amount used for actual sur
vey and engineer work in the field in To-
eating sites for reservoirs and an ftemized
account of the expenditures under this ap-
preparation. And all the lands which may
hereafter be designated or selected by such
United States surveys for sites for reser~
voirs. bitches or canals for irrigation pur-
al
of irrigation by sucQ reservoirs, bitches or
canals are from this time henceforth here
by reserved from sale as the property OF
the United States, and shall not be subject
after the passage of this act, to entry, set
tlement or occupation until further provid-
ed by law.
Provided That the president may at
any time in his discretion by proclamation
open any portion or all of the lands re-
served by this provision TO settlament un-
der the homestead laws"
This is the law of tod ~. unreversed,
unrepealed and in full force. You perceive
its vast extent and the immense conse
queIces that will follow therefrom in the
direction that sour resolution points
unless there be further action in regard
thereto by congress. 1t follows necessarily
persons referred to in the resolution are
under the effect of this law and unable 70
obtain the advantages that you say they
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 absO- |
lutte control Of every acre of arid land that |
may be redeemed by the system of reser- |
vOirs, canals and bitches as provided in the /
appropriation act mentioned The sub /
sequent appropriation act has not affected /
the above provision.
This | think is full solution of the /
whole trouble between the territory of |
Idaho and Utah. and parties entering upon /
these lands in eiiher territory will be sub /
jected 10 the superior title aud further con- /
troll of the nieed States. i have directed Il
the commissioner OF the land Office to |
notify the loesl officers of this law and pro-
hioit entries of the kind you specify. and 1 4
have also ordered the superintendent of Il
the geological survey TO proceed rapidly /
urffh "A m paar