The morning call., 1890-09-18
WATER RIGHTS.
Full Text Of the Senate Irri-
cation Bill.
An Amendment to the Act Repeating The
Timber-Culture Law.
Reversal Of Land Decision officers Or
dered 10 the Alert NeYada'S
Public Domain.
Special Dispatches to THE MORNING CALL

Special Dispatches to THE MORNING. CALI.
WASHINGTON, Sept. 17.-Following is the
full text of an important bill passed by the
Senate yesterday, brief mention of which
was made by the press:
The right OF way through the public lands OF
the United States Is hereby granted to any canal
or ditch company formed for the purpose OF irri-
gallon. duly organized under the laws OF any
Stale or Territory which shall have filed with
the Secretary Of the Interior copy of its articles
of Incorporation and due proofs OF its organizs-
tIon under the same, TO the extent of the ground
occupied by the water OF the canal aud its lat
erals and fifty feet on each side OF the original
limits thereof also the right 10 take from pub
lie lands adjacent 10 the line OF the canal or
ditch the material consisting OF earth and stone
necessary for the construction OF such canal or
ditch.
Section 2. Any canal or ditch company desir-
ing to secure The benefits OF this act shall,
within twelve months after the location Of ten
miles Of It's canal. If the same be upon surveyed
lands. and II upon unsuryeyed land within twelve
months after the survey thereof by the United
States, file with the Register OF the Land Office
for the district where such land is located a map
of Its canal or ditch, and upon approval thereof
by the Secretary OF the Interior the same
shall be noted on the plates In said
office, and thereafter all such lands over
which such rights OF way shall pass shall be
disposed OF subject to such tight OF way. When
ever any person or corporation, in the construc-
tion OF any canal or ditch, Injuries or damages
the possession OF any settler on the public do
main, the patty committing such injnry or dam
age shall be liable 10 The party Injured for such
Injury or damage.
Section The provisions of this act shall
apply to all canals and bitches heretofore or
hereafter constructed, whether constructed by
corporations, individuals or association OF indl-
yiduals on tie filing OF the certificates ana maps
herein provided for II such ditch or canal
has been or shall be Constructed by an
Individual or association of individuals 1t shall
be sufficient for such Individual association Of
individuals to file with the Secretary OF the In
terior and Register Of the Land Office where
said land Is located a map OF the line OF such
canal or ditch, as in the case Of corporation.
with the name OF the Individual owner or owners
thereof, together with the articles OF assOcla'
ton II any there be. Places heretofore filed upon
shall have tile benefits OF this act from the date
OF their filing, as though fling after ii, provided
that II any section OF said canal shall be COM
pleted within i've years AFTER the location OF said
section, the rights herein granted shall be for
feited, rs 10 any uncOmpleted section of said
canal or ditch to the extent that the same Is not
completed al the date OF forfeiture.
Section f. Nothing in This act shall authorize
such canal or ditch company to occupy such right
of way except for the purpose OF said canal or
ditch. and then only so far as may be necessary
for tnc construction and maintenance OF such
canal or ditch.
TIMBER CULTURE LAW.
Senator Stewart was successful in having
an amendment attached to the House bill
repeating the timber culture law, which
passed the Senate yesterday, practically put
ting an end to tho suits brought by the
United States against a number of mining
onn in nd for =
ting timber on public lands. 1t provides
that in the States of Colorado. Montana,
Idaho, North Dakota and South Dakota and
the gold and silver regions of Nevada and
the Territory of Utah, in any criminal
prosecution or civil action by the United
States for trespass on such public timber
lands. or to recover the timber or lumber
cut thereon, it shall be a defense if the de-
fendant shall show that such timber was cut
or removed from timber lands for use in
such State or Territory by resident thereof
for agricultural, mining, manufacturing or
domestic purposes, and has not been trans
ported out CT the same. But nothing herein
shall operate 10 the rights OF any railway
company TO cut timber on the public do
main. Provided that the Secretary of the
Interior may make suitable rules and regu-
lations to carry out the provisions of this
section.
DECISION REVERSED.
A new postoffice has been established at
Coutolene, Butte County, Cal, with Eugene
f. C0utolene Postmaster.
The decision of the United States Land
Commissioner, involving the right of Iu-
dians to acquire homesteads, was reversed
by the Secretary OF the Interior to-day.
The plaintiff in the case was the Northern
Pacific Railroad Company and the de-
fendant Peter lie Quda, a Muckle Shoot
Indian. 1t was shown that the land was
within the first railroad grant, but the Com
missioner decided against the railroad COM
pany for the reason that 1t had been proven
that the Indian had been an occupant since
1863 and had it under cultivation during that
period of time. The land is situated in the
Olympia District. Washington. The Secre-
tary OF tile Interior reversed the decision be-
cause the Indian had not abandoned his
tribal relations.
NAVAL ORDERS.
Ensign S. Nj. Strife and Passed As
sistant Surgeon f. NJ. Olcott have been or
dered to the Alert on the 7th of October
Commander n. M. Dyer has been ordered
as Assistant to the Inspector of the Fiji
teenth Lighthouse Inspectors district on
the 1st Of October. and as Inspector of that
district on the 31st Of that month. Lieu
tenant William p. Ray has been detached
from The Michigan and ordered to duty on
the Coast survey. Lieutenant r. Vain
wright has been detached from the Naval
Observatory on the Goth inst. and ordered
as Executive Officer on the Alert on the 7th
of October. Lieutenant Dennis NJ Mahan
has been detached from the Coast Survey
steamer Macarthur and ordered to the Alert
on the 7th of October. Lieutenant William
II. Allen has been detached from duty in
the Navy Department Library on the Both
inst. and ordered to the Alert on the 7th of
of October. Ensign E. A. Anderson from
the Coast Survey Office on the 3Oth
inst. and ordered to the Alert on
the 7th of October. Ensign }. F. McGuin-
ness from duty in the Coast Survey and
Wilson from duty in the photographic
Office and ordered to report for duty in the
Coast Survey. Assistant Paymaster M. Il.
Calvert from the navy-yard at New York on
the 30th inst. and ordered to the Alert on
the 7th of October. Passed Assistant En-
gneer John Ford from the receiving ship
Independence on the 9Th of October and
ordered TO the Alert. The order of Lieu
tenant Commander Il. ID. Hitchcock to the
Fifteenth Light house District has been re-
voked, and he has been ordered to the COM
mand of the Alert on the 18th Of October.
PENSIONS.
Pensions have been granted the following
residents OF California: Increase-David
Thomas and Joseph s. Osborn, Stockton;
Mexican Widow-Jane, widow of William
Young. Martins Ferry.
PUBLIC LANDS THROWN OPEN.
The House has passed the Senate bill
opening tine abandoned military reservations
iB the State of Nevada to homestead entry.
This will add over $4,000 acres of the best
agricultural land to Nevada's public domain.
RAUM AND COOPER.
A Wordy War Takes Place Before tbs In