Sacramento daily record-union., 1890-07-20
Senator Stewart Succeeds In DOWN.
Major Powell

Senator Stewart Succeeds in Downing
Major Powell.
WASHINGTON, July 19,h.-After fighting
three days over irrigation matters, the Sem
ate finally sat down on Powell, Director of
the Geological Survey, by eliminating from
the civil sundry bill an appropriation of
$777 900 for irrigation surveys Stewart
finally got the upper hand of Powell,
though for while the latter seemed to
have things his own way.
There is much regret expressed here
among Westerners that there should have
been so much dissension over irrigation
matters. The differences existing between
those high in authority has had the effect
of sacrificing a handsome appropriation
for irrigation purposes.
Both sides of the question have been so
well argued by well posted men, that it is
hard to determine just what plan would be
best, but the impression prevails here that
either PowelPs or Stewards plan would
have been far preferable to the existing
state of affairs-no appropriation at all.
However, the discussion has brought
about one good result, viz, the repeal of
the law of October, 1888, which reserves
irrigable lands from settlement. Many
filings have been made upon the lands
susceptible of irrigation, notwithstanding
such prohibitory law. and decisions in
these cases have been held up by the Com
best known to himself Application to
him for decision in cases such as this
have repeatedly been made to him, but he
has invariably answered that a decision
which would affect thousands of such
cases would soon be handed down by At
torney- General Miller, to whom matters
have been referred. Pending this decision
the flers on such lands have been put to
great deal of annoyance and Inconvenience
By the terms of the amendment adopted by
the Senate to-day this obnoxious law of
October 2, 1888, is repealed.
A California Associated Press reporter
saw Colonel Hinton last night and asked
him the prospect of the amendment being
adopted by the House, and he was very
confident that the amendment would be
adopted. The correspondent also talked
with others, and the concensus of opinion
the House Appropriations Committee, is a
warm friend of Powell, and has stood by
him through thick and thin, and he will
probably be averse to the Senate amend
ment, but majority of the committee are
Just now fearful that deficit may occur,
and therefore will be glad of the chance to
save $777,0O0. The bill as amended will
probably be acted on by the House in very
few days.
Filers on land since October 2, 1889, will
be secure in their claims if the House
adopts the amendment, and it is not
thought here that any additional filing of
papers will be necessary. However, this
point is in some doubt.
INTERVIEW WITH COMMISSIONER CROFT.
WASHINGTON, July 19th.-The California
Associated Press correspondent called
upon Commissioner Croft to-day to find
out, if possible, what effect the repeal of
the law reserving irrigable lands from
entry would have upon the filings already
made in violation of the law.
Commissioner Croft was of the opinion
that the Senate amendment to the sundry
civil bill, which throws open the irrigable
land to settlement by repeating the Act of
October 2, 1888, would be adopted by the
Will those who made filings since
October, 1888, have to take out new
papers, or will the former entry hold
good 2" asked the correspondent.
Mr.. Croft looked puzzled. That's
hard one" said he. THE fact is, have
had no time to give that matter considera.
ton as yet, but after the amendment is
adopted by the House l suppose ruling
by the department will be in order. AS
private citizen, and not as Commissioners
General of the Land Office, my opinion
would be that the former entry would hold
good, although the Attorney General rem
dered an opinion, which was accepted by
the Interior Department, which makes
invalid all entries made upon irrgable
lands after October, 1885,"
81 was not aware that such decision
was made" said the reporter
"Oh, yes" said Mr.. Croft, you will find
it in executive documents which went to
the Senate only few days ago."
Would it not be a wise plan for filers
since October, 1888, to make new entries in
case the obnoxious law is repealed ?"
II don't think this would be necessary,
besides it would involve good deal of ex-
pepse. They have already paid 25 cents on
each acre, and if they made new filings
this sum would be lost to them. The in-
tention of Congress in repeating the law is
very plain. 1t was done in order to vail
date the claims of those who filed on these
lands since October, 1888. There should
have been clause inserted in the Senate
amendment which would settle this mat
Ter beyond doubt, but l think there will be
no trouble about the matter, and that
if those entering these lands have
coniormed with all the requirements,
they will be able to hold on
to their claims. But remember. now, l
give you this opinion as private citizen.
and not as Commissioner of the General
Ofioop