The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-12-04

AS ~ VoSSA ouPpAv uAA W.
Tor the necessary catch basins may fall
into tile hands Of individuals Or private
corporations and be used to render sibsef-
Went the large areas dependent upon such
supply. The owner OF the water is the
owner of the lands, however tho titles may
run. All unappropriated natural water
sources and all necessary reservoir sites
should he held by the government for the
equal use, at fair fates; 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 to such
surveys and observations as will determine
the water supply, both surface and subter-
ranean, the areas capable Of irrigation, and
the use aid location OF the storage capacity
of reservoirs. This done, the use of the
water and of the reservoir sites might be
granted to the respective states or terri
tories; or to individuals or associations
upon the condition that the necessary works
should be constructed and the water fur
nished at fair rates., without discrimination,
the rates to be subject to supervision by
legislatures or by boards OF water commits
sioners duly constituted. The essential
thing to be secured Is the COMMON and
equal use at fair rates OF the accummu-
lated water supply. 1t were almost better
that these lands should remain arid than
that those who occupy them should become
the slaves OF utrestrained monopolies con-
trolling the one essential elemeno OF land
values and crop results.
The use Of the telegraph by the postoffice
department as a means for the rapid trans
mission of written communications is, l be-
lieve, Upon proper terms, quite desirable.
The government does not " or operate
the railroads, and it should not, I think,
own or operate the telegraph lines. 1t does,
however, seem to be quite practicable for
the government to contract with the tele-
M nj, ~ a To - q q t. lNaC Nutf Tho ~1fl-
road companies, to carry at specified rates
such communications as the senders may
designate for this method Of transmission.
l recommend that such legislation be en-
acted as will enable the postofice depart
ment fairly to test by experiment the ad-
| vantages of such a use Of the telegraph.
If any intelligent and loyal company of
American citizens were required to cata-
logue the essential human conditions Of ma
tional life, 1 do not doubt that with abso-
Lutte unanimity they would begin with
s'Free and Honest Elections" And it is
gratifying to know that generally there is
a growing and n~on-partisan demand for
better election avs But against this sign
of hope and progress must be set the de-
pressing and undeniable fact that election
laws and methods are sometimes cunningly
contrived to secure minority control, While
violence completes the shortcomings OF
fraud. In my last annual message 1
suggested that the development OF
the existing law providing a
federal supervision of congressional cleo
tons offered an effective method Of reform
ing these abuses. The need Of such a law
has manifested itself in many parts Of the
country and its wholesome restraints and
penalties will be useful in all. The consti-
nationality of such legislation has been af-
frmed by the supreme court. Its probable
effectiveness is evidenced by the character
Of the opposition that is made to it. 1t has
been denounced as If it were a new exercise
OF federal power and an invasion OF the
rights OF the states. Nothing could be
further from the truth. Congress has al
ready fxed the time for the election of
members of congress. 1t has declared that
votes for members of congress must be by
written or printed ballot. 1t has provided
for the appointment by the circuit courts in
certain cases, and upon the petition Of a
certain number of citizens, Of election
supervisors, and made 1t their duty to
supervise the registration of voters con-
Quoted by the state officers; to challenge
persons offering to register; to personally
inspect and scrutinize the registry lists, and
to afiX their names to the lists for the pur-
pose of Identification and the prevention of
frauds; to attend at elections and remain
with the boxes until the votes are all cast
and counted; to attach to the registry lists
and election returns any statement touch
Ing the accuracy and fairness OF the regis
| lFy anu cltC' iOuS anu W udhc huu IduSAAlG W
the house OF Representatives any evidence
of fraudulent practices which may be pre-
scented to them. The same law provides for
the appointment of deputy United States
marshals 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
fling with the court the petitions re-
quired by law. 1t is not, therefore, a Ques-
ton whether we shall have a federal cleo
tion law, for we now have one, and have
had for nearly twenty years, but whether
we shall w an effective aw. The pres
emit law stops just short of effectiveness, fol
1t surrenders to the local authorities al
control over the certification which estab-
fishes the prima facie right to a seat in the
house OF representatives. This defect
should be cured. Equality of representa-
tion and the purity of the electisns must be
maintained, or everything that is valuable
in our system of government is lost. The
qualifications of an elector must be sought
in the law, not in the opinions, p%rejudices
or fears of any class, however powerful
The path of the, electer to the ballot boz
must be free from the ambush of fear anG
the enticements of fraud; the count SO true
and open that none shall gainsay 1t. Such
a law should be absolutely ~non-partisar
and impartial. It should give the advan-
tage to honesty and the control to MAORI.
ties. Surely there is nothing sectiona.
about this creed, and IL it should happier
that the penalties of laws intended to en-.
force these rights fall here and there, it il
not because the law is sectional, but be.
cause, happily, crime is local and not uni,
versal. Nor should it be forgotten tina
every law, whether relating to elections o.
to any other subject, whether created b,
the state or by the nation, has force behint
1t. The courts, the marshal or constable
the posse cOmitdtus. The prisons are all ant
always behind the law. One can not b,
Justly charged with u~nfriendliness to an!
section or cause b seeks only to restrain
violations of law and of personal right. Tn
community will End lawlessness unproft
able. No community can afford to hav
it known that the officers VIII
are charged with the preservation of tn
public peace and the restraint OF the crimi
nal classes are themselves the product o
fraud or violence The magistrate is thel
without respect and the law without sane
tion. The floods of lawlessness cannot b
believed and made to run in one channel
The killing of q United States marshal car
!, rying q writ of arrest for an election of
Tense is full of prompting and suggestion I
men who are pursued by q city marshal 70
u crime against life or property. But it
said that this legislation will revive rae
b animos!fies, inc some have even sug
!, gested that when the peaceful methods G
fraud are made impossible they may b
supplanted by Intimidation n violence
i If5tpe proposed law gives to any qualife
elector by a.hair'ss weight more than TIL
rsnewal, influence. or detards by 80 muc
i ~impeached. But lit the Jaw is ECU;
l end tha ap{ncnsities N IL tn ave.