The Arizona sentinel., 1889-09-07

fIOU u LIZ E"OuP, UOCo'btO' DOto'
| City Idaho:
| have Just received the resolution
adopted by the constitutional conven
ton transmitted by you to me through
telegram. A full reply to this ques-
ton, | think, is found in tie following
provision of the appropriation act Of
October 2, 1855, which reads as fol
lows.
-"For the purpose of investigating
the extent to which the arid region of
the United States can be redeemed by
irrigation, and the segregation of the
irrigable lands in each arid region, and
for the selection of sites for reservoirs
and otter hydraulic works necessary
for the storage utilization of water for
irrigation and prevention of floods and
overhows, and to make the necessary
maps, inclpding the pay Of employees
in field ard in Office, the cosy of all
Instruments, apparatus and materials,
and all other necessary expenses con
nected Herewith, the work to be per.
by the geological survey, under the
direction of the Secret y Of the In
tericr, the sum of one hundred
thousand dollars or as much thereof as
may be necessary is appropriated.
And the directors of the geological
survey, under the direction of the
Secretary of the Interior, shall make
report to Congress On the first Mon
day in December of each year, show
in betail how the said money has been
expended, the amount used for actual
survey and engineer work in the field
for locationg sites for reservoirs and
an itemized account of the expenditu
tes under this appropriation. And all
lands which may hereafter be designa-
ted or selected by such United States
surveys for sites for reservoirs, bitches
or canals for irrigating purposes and
all the lands made susceptible of irri-
cation by such reservoirs, bitches or
canals are from this time henceforth
reserved from sale as the property of
the United States, and shall be sub
Jet, after the passage of this act, to
to entry, settlement or occupation un
til further provided by law.
Provided, that the President may,
at any time In his discretion, by pro
clamation, open any or all of the lands
reserved BY this provision to settle
ment under the homestead laws"
This IS the law of today, unreversed,
unrepealed and in full force. You
perceive its vast extent and the i'm.
mense consequences that will follow
therefrom in the direction that your
resolution points unless there be fur
Their action in regard thereto by Con-
gress. 1t follows necessarily that the
spectators, corporations or other per-
sons referred to in the resolutions are
under the effect of this law and unable
to attain the advantages that you say
they are seeking; unless the law is re-
pealed or the president opens the
lands to settlement under the home
stead 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 reservoirs. canals and bitches, as
provided in the appropriation act men,
toned.
The subsequent appropriation act
has not affected the above provision.
This, 1 think, is full solution of the
whole troible between the Territories
hOf Idaho and Utah, and parties enter
ing upon these lands in either Terri.
tory will be subjected to the superior
title and further control of the United
States. l have directed the Commits
sioner of the land office to notify the
geological survey to proceed rapidly
with the surveys on Bear river.
The statute, you observe, reserves
these lands from the date thereof, and
the assistant encouragement of this
department agrees with me that it is
constitutional and affective to the ex
tent expressed. fully appreciate the
conflict of rights that must arise BE-
tween Territories atd between Terri
tories and States, but these all and
will be better regulated by national
control than local conflicts and contra
dictory legislation. I fear that the
statute to which have referred is not
known IN the western Territories to
the extent, at least, that it ought to