The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-07-29

as legitimate and proper between themselves.
hence Ii was we had our presumption law;
hence il was that we had all OF these other sue
ceeding laws that validated and made lawful
the possession OF every man who had thus gone
out upon the frontier, although technically he
was trespasser against the laws Of the United
States. Our homestead law was founded upon
this policy, and every other land law of the
United States was based upon the same theory
The law relating to the public surveys
OF the United States Is controlled by the
same underlying rules because It requires that
frst OF all out OF the appropriations for the sur
veys Of the public lands expenditure shall be-
made for the relief of these who have in adj
vance OF tho surveys gone out and taken up
their abodes In the unsurveyed regions
Mr.. President this Is the attitude in which the
law stands. This is the way our lands have
been thus occupied. and the waters of our
streams have been thus appropriated, and con-
gress heretofore has legislated wisely uron the
suticct- 1t recognized these customs aud usages
and local decisions il crystallized them into the
laws OF the United States, 30 whoever has thus
appropriated the public domain or the water
flowing through 1t has had perfect and indie
feasible right, so far as the United States was
concerned. and congress wisely and generously
came in and confirmed the act In every
grant to railroad corporation, in
every grant Of the public land for
any purpose whatever, congress has heretofore
jealously, and with extreme caution, protected
the right OF the man who had gone upon the
public domain in advance of the surveys. This
has been the policy of the United States up to
this time. Under that policy thousands OF men
have gone cut into this region until now, per-
haps, in what upon these maps 10 designated az
the arid region, there is q population of from
100000 TO 5000 600 of people, and they have
gone ont there and builded themselves up fn(D
great communities OF territories and sovereign
o4~
laws as they have existed up TO this time.
Suddenly. without note of warning, we find
two-fifths of these United States reserved, and
reserved for what7 Reserved forsooth, because;
within their limits of perhaps 500 1000 acres
Of land, somewhere underlined as yet, unknown
there exist 100 acres of land susceptible. 10
is claimed. of redemption BY irrigation. And
yet, Mr.. President do we realize the fact, that
in order 20 do this, and in order to adopt this
policy, and consummate this colossal but
Utopian scheme which is advocated In this
chamber, we have TO obliterate state lines, we
have to obliterate territorial lines, we have to
absolutely ignore vested rights. We have 20 de-
stroy the civilization of the Anglo-Saxon and
upon its ruins build up the patriarchal system
of the Orient
/ speak particularly In behalf Of the state
which in part have the honor to represent. I
find within the limit OF this arbitrary with
drawal, az indicated by these maps embracing
the arid region, perhaps two-ffths Of my own
state. find what has been commonly known
throughout the Northwest a. the great inland
empire, the region celebrated. IL there be any,
within these United States above all Others for
fertility of its soil, the abundance of its yield,
and the HnfailiDg growth of its crops, and the
remarkable durability of Its soil. all of these
things have characterized and distinguished is
until it has become known throughout the
United States, and yet I find under this revolH-
tionary policy it is Unfortunately reserved
from settlement because of its alleged arid COM
dition.
We all know that until the United States
finally parts with its title all the rights of the
homestead claimant, all the rights of the pre-
emptor, all the rights of the timber-culture
claimant all the rights of the desert-land claim
ant are imperfect They are but initial, they
are but inchoate rights. subjecr to defeat by
congressional action. The perfect legal title
yet remains within the United States until every
condition has been performed. Until the evil
dence of title has been issued, the land yet re-
mains with the United States; and II it sees nc
arbitrarily to exercise ita power ana ownership,
it can cut or ali these inceptive rights. This
was abundantly proved in the Yosemite case,
where the pre-emptor had not only settled and
resided upon his land and cultivated IL in COM
pliance with the laws Of congress, and had
actually done everything on his part, the gov
eminent said Notwithstanding, the final con-
hence the title to the land was within the
United States, and it was within tho power of
the government to deprive the owners OF 1t, II it
saw fit to assert the power.
say the effect of this act we seek to repeal
has just that arbitrarily and just thafmercilessly
fallen upon the great region Of country indi-
Gated by these maps. The land Offices are closed.
No longer can the settler 60 out and make claim
to his land though it be as fertile az the Garden
of Eden. No longer can the man Who has in
itiated his claim look forward TO patent because
this mighty area has been withdrawn
The statute as 1t has been construed and cam
not complain of the construction, operates to
cut off the entire region from the benefit Of the
land laws of the United States. Mr.. President
no man can realize the hardship, the destruc-
ton which In brought about By arresting the
march of great commemorative in this manner.
But we are sagely told this policy is adopted, for
the reason these young commonwealth have
not yet the discretion and tho capacity to take
care of themselves, because with lavish hand
we viii make . wasteful disposition OF these
lands 1t il done because it is said we win allow
mighty aggregations of wealth to come and de-
prive us OF these waters and the privilege OF
irrigation; and thus we are put In the position
of wards with our guardian 5000 miles away
from us.
I repudiate this imputation OF our incapacdty.
do say that If there be any states within this
Union that have carefully and resolutoly
guarded themselves against the encroschments
OF capital and the dangers of subjugating
wealth, 1t is the new states OF the West. My
own state 10 but an instance. and not conspic-
nous one, of what others have done. What do
find in the constitution OF my statef find in
il a prohibition against aliens becoming the
owners of land within its domain, with limited
exceptions. Within the state constitution of
what senator opposing this rule do fnd that
provision?
90 further and find this-although the de-
cisions OF the courts, doubt not, would con-
firm tbs authority. yet. ont of extreme caution
find the state Of Washington has engrafted in
its constitution provision that no corporation
shall exist within that state whose charter is
not subject to amendment and change and a.
terations at the pleasure Of the legislature Of the
state.
Further than that, Mr.. President. In keeping
with the building up OF this great industrial and
agricultural system a. dependent upon the dis
tributive use of water, OF which the senator
from Texas has spoken, the state Of Washing
ton like It's sister states lately admitted to the
Union has declared the law Of eminent domain
shall be exercised respecting the waters in the
state; that they may be appropriated to public
use and utilized In such ways and upon such
conditions as the dictates Of wise legislation
may from time to time determine.
Now, Mr.. President with this order of things,
with this caution against usurpation of power,
we feel that these questions are solely and en-
tirely domestic measures We feel that there
is no power 20 capable Of dealing with them ~
the power that has them Immediately in its
presence. We feel that the great corporation
that seeks to extract waters from the streams
and carry them down across the waste places 10
be disposed OF to The land owners can be amen
able to no power and no control and no super
vision 50 ef1ectnaliy ms II can TO the legislature
of the state from which IL derives its being, and
4 cno<nrt NV ha nau xvn