Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1890-12-13

measure. In this connection
earnestly renew my recomnen.
of the United States district courts he so
read justed that none Of them shall receive
less than 8 600 per annum.
DISTRIBUTION or THE WATER SUPPLY.
The subject Of the conservation and
equal distribution of the water supply OF
of tho arid regions has had much attention
from congress, but has not as yet been put
upon a permanent and satisfactory basis.
The urgency of the subject does not grow
out OF any large present demand FOR the
use of these lands for agriculture, but out
Of the danger that the water supply and
the sites for the necessary catch.basin
may fall into the hands of individuals or
private corporations and be used to render
subservient the large areas dependent
upon such supply. The owner OF the water
Is the owner of the lands, however the
titles may run. All unapproprIated natu-
raj water sources and all reservoir sites
should be held by the government for the
equal use, at fair rates, of the homestead
settlers who will eventually take up these
lands. The United States should not, in my
opinion, undertake the construction OF dams
or canals, but should limit its work 10 such
surveys and observations as will deter.
mine the water supply, both surface and
subterranean, the areas capable OF irriga-
ton, and the use, location and storage ca-
| pacity of the reservoirs. This done, the
use of the water and of the reservoir sites
might pe granted to the respective states
or territories or TO individuals or associa-
lions upon the condition that the necessary
works should be constructed and the
water furnished at fair rates without dis
elimination, the rates TO be subject TO
supervision by the legislatures or by
boards of water commissioners duly con-
stituted. The essential thing 70 he secured
Is the common and equal use at fair rates
~ Tho IN ulnta1 trntar Gunplv liz xvaa
almost better that these lands should re-
main arid than that those who occupy
them should become the slaves of unre-
strained monopolies. controlling the one
essential element Of land values and crop
results.
THE USE or THE TELEGRAPH BY TuE PosToF-
FICE DEPARTMENT
as a means for the rapid transmission OF
written communication is, | believe, upon
proper terms quite desirable. The gov
eminent does not own or operate the rail-
roads, and IL should not, | think, own or
operate the telegraph lines. IL does, how
ever, seem to be quite practicable for the
government to contract with the telegraph
companies rs IL does with the railroad COM
pantes, TO carry at specified rates such
communications a the scnders may deslg-
nate for this method of transmission. /
recommend that such legislation be enacted
rs will enable the postohice department
fairly to test by experiment the advantages
of such n use of the telegraph. IL any In
t~elligent and legal company OF American
citizens were required to catalogue the es-
scntial human conditions of national life,
] do not doubt that with absolute unanim-
iiy they would begin with
FREE ~ noNEsT ELECTIONS"
And IL IL gratifying 10 knowthat generally
there is a growing and non-partisan de4
mand for better election laws. But against
this sign of hope and progress must be set
h. $50 - AL aal.ntaIIA NaHN thaH
election laws and methods are sometimes
cunningly contrived to secure minority
control while violence comp etes the short
comings of fraud. In my last annual mes
sage ] suggested that the development OF
the existing law providing a federal super
vision Of congressional elections offered an
effective method of reforming these abuses.
The need of such a law has manifested
itself I'm many parts Of the country
and its wholesome restraints and
penalties will be useful in all. The con-
stitutionality of such legislation has been
affirmed by the supreme court. Its prob
able effectiveness is evidenced by the
character Of the opposition that Is made to
It. Ii has been denounced "a IL it were q
new exercise Of federal power and an In
vasion of the rights of the states. Moth
ing could lie further fro n the truth. Con-
gress has already fixed the time for the
election OF members OF congress-. 1t has
declared that votes for members of con-
gress must be by written or printed bal
lot. 1t has provided for the appointment
by the circuit courts In GER
tain cases, and upon the petition Of q
certain number Of citizens of election sup
ervisors, and made it their duty to super
wise the registration Of voters conducted
10y the stale officers; 10 challenge persons
Offering to register; 20 personally inspect
and scrutinize the registry lists, and to af-
FIX their names to the lists for the purpose
of Identification and the prevention OF
frauds; 70 attend at elections, and remain
with the boxes till the votes are allcast aud
counted to attach TO the registry lists and
election returns any statement touching
the accuracy and fairness Of the registry
and elections to take and transmit 20 the
clerk of the house of representatives any
evidence Of fraudulent practices which
may be presented to them. The
same law provides for the ap-
pointment of deputy United States
marshsls to attend at the polls. support
the supervisors in the discharge of their
duties, and to arrest persons violating the
election laws. The provisions of this
familiar title OF the revised statutes have
been put into exercise by both the great
political parties, and in the north as we'll
as In the south, by the filing with the court
of the petitions required by law. 1t is not,
therefore, q question whether we shall
have "a federal election law, for we now
haNC Obts VI y Wo SudAi huNt I'm
effective law. The present law stops just
short of effectiveness, for it surrenders to
the local authorities all control over the
certification which establishes the prima
facie right to a seat in the house Of repre-
sentatives. This defect should be cured.
Equality OF representation and the parity
of the electors must be maintained. or
everything that 10 valuable in our system
OF government is lost. The qualifications
of an elector must be sought in the law,
not In the opinions, prejndices or fears OF
any class, however, powerful. The path OF
the elector to the ballot box must be free
from the ambush Of fear and the entlce-
ments of fraud; the count SO true and
open that none shall gaiusay IL. Such q
law should be absolutely non-partisan and
impartial. 1t should give the advantage to
honesty and the control to majorities.
Surely there is nothing sectional about this
creed, and Il IL shall happen that the pen
alties OF laws intended to enforce these
rights fall here and not there, il is not be-
cause the law Is sectional, but because,
happily, crime is local and not uni
versal. Nor should IT be forgotten
that every law, whether relating
to elections or TO any other subject,
whether enacted by the state or by the
nation. has force behind 10. The courts.
the marshal or constable, the posse COM
~itatus, the prison. are all and always be-
hind the law. One cannot be justly
Cio VIII y uuy sSctlOu
or clause who seeks only to restrain yio-
lations OF law and of personal rights and
no community will find lawlessness profit
able, and no community can afford to have
1t known that the officers who
are charged with the preservation
of the public peace and the restraint Of
the criminal classes are themselves tho
product of fraud or violence. TIL magis-
trate is then without respect and the law
without sanction. The floods OF lawless-
ness cannot be relieved and made to run In
one channel The killing of a United States
marshal carrying a writ of arrest for an
election offense Is full of prompting and
suggestion to men who are pursued by .
city marshal for a crime against life or
property. But il 10 said that this
legislation will revive race animoslties
and some have even suggested
that when the peaceful methods Of fraud
are made impossible they may 90 sup.
planted by intimidation and violence. IL
the proposed law gives to any qualified
elector by q hairs weight more than this
renewal influence, or detracts by 90 much
from any other qualified electors, II 10
fatally impeached- But IL the law 10
equal, and the animosities 10 IL to
event grow out OF the fact that sorn