The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-15
Do NOT FAVOR THE BILL.
Society OF Montana Civil Engineers
Discuss the Proposed lrri-
CATION Law.
The Bill Is Open to Many Objec-
tions in It's Present
Form.
Some OF Them Think 1t Is Crude and
Moro Safeguards should Be
Provided.

At the meeting of the Montana Society of
Civil Engineers held at the central school
building last night the result of the discus
sion on the bill introduced in tho legisla-
ture yesterday. to establish irrigation de-
partments and to create a state irrigation
commission. was the unanimous adoption
Of the following resolution:
Resolved. That. this society favors the
control OF the waters of ths state for irriRa-
tion purposes and the construction Of irrl-
cation works by the state, provided that
suitable safeguards are made for the rights
of individuals and the proper disbursement
of moneys. We do net. however. consider
the provisions Of the bill now before the
legislature adequate for the purpose for
which il is designed. We would also rec
ommsnd that the engineering work should
be under the direction of q state engineer
appointed by the governor of the state
The discussion opened with the reading
of a paper from Charles G.. Griffith Of Hell
ena. II stated that the essence of the pro-
posed act was good, that is the control of
the waters OF the state by the state. but the
bill is, to Mr.. Griffith's mind, faulty in
ulhuy Vlphl ItbpoOtS. Ac Nc1y huS
doubts If its Trainer fully appreciated the
magnitude of its effects. A fatal objection
to section four Of the bill is that ID does
not provide for the appointment of one or
more civil engineers on the commission. IL
would seem to Mr.. Griffith that of tho four
commissioners appointed. one at least from
each department., making two out of the
four, should be civil engineers, and that
the chief engineer employed by the COM
mission, as provided in section seven, where
he is designated as a state engineer"
should be ex-oficio q member Of the COM
mission. A further objection to section
four ia that the term Of Office for which
the commissioner are to be appointed is
too short. No man could In 80 short
u time master the details of the
work contemplated; his term would
expire just as his usefulness had com
menced. and what makes this clause still
worse is that the terms of office of all the
commissioners expire at the same time.
in the basket. Mr.. Griffith thinks that the
chief engineer should be e~xotiloio one of
its members. He asks would it not be we'll
to avoid the large expenditure OF money
which condemnation proceeding would en-
tail by further providing that all owners of
6xl6tluH WAVGT ElRut5 budll IECclfo
from the contemplated works free
of charge for a term Of years, the
amount of water to which they are entitled
by virtue of their rights? MIR. Griffith says
the great objection which will be generally
urged against the bill will be the enormous
expense it would entail. a large part Of
which would be in acquiring the ownership
Of the water now in the hands of individ-
uals and co porations. lie has very grave
doubts that the present session of the leg
~islature would pass such a bill. but whether
it is passed or not, he says. the discussion
which it will occasion cannot but be OF con-
siderable value. He says the necessity for
legislation looking to the control by the
state of the waters within its boundaries
was suggested BY ex-Gov. 1oo!e in his an
nual message of 1891.
A special committee Of the society, COM
posed of G. 0. Foss, A. Z. Cumming and
j. s.. Keerl, submitted a report which had
been made to Donald Bradford on the first
bill drafted. They made the following
suggestions and observations to him:
Should there not be some limitation on the
powers of the commission to control all
bodies of water within the boundaries of
the state? The Missouri river from the
east boundary of the state to Fort Benton
is q n%avigable strea and subject to the
control of the general government. The
Yellowstone is also navigable up to the
mouth of the Big Horn river. IL would
hardly seem advisable that this commission
should have power to condemn water rights
which are required to supply cities and
towns with water for domestic and other
purposes. They should not be obstructed
in their right to condemn water for such
purposes, even after the same has been APP
propriated for irrigation. The members of
the committee favor the plan of q comm.s-
sion OF five members, one OF whom should
be a civil engineer with the title Of state
engineer. They are of the opinion that IL
view of certain contingencies that might
arise, the independent position occupied By
tho engineer Che beilg appointed by the
governor, tho same az the other mem
beTs of the COLE rlission) would establish
en- efficient and desirable check upon the
action of the COMMISSION. The
say that VIXEN 1t IS considered that tbs
major portion of the work deyolving upon
the commission is Of az engineering char
actsr, tbs adyisabIlity of having at least
one member q civil engineer becomes ap-
parent.
The committee recommends that the bill
bs 30 changed az to provide for an election
authorizing the Issuance OF the bonds before
the commission IL appointed or any work
Gone. Section 90 provides for the collect
ing of water rents. They ask what is to be
dom with ths rents So collected? hey
think that Il rate of rents should be h1ed by
the commission and that the rents should
be applied IN aymen OF the interest
charges Oh the bonded lCdeDtedness. Sec
tion - provides for q levy OF taxes, but
does not say for what purpose taxes are
levied. The committee says they should be
levled in sufficient amount TO pay interest
on bonded indebtedness after water rents
have been applied to this purpose. lhert
should be a provision limiting the amount
OF tax that may be levied to three and MOI
10 exceed five mills. After a few years
water rents would probably pay interest OF
tEe bonds.
II. Is. Davis, Of Deer Lodge, said he wa
IN favor Of u state engineer If there wal
spythlng for him SC DO. The matter o
irrigation as proposed was something new
in Montana and had not yet reached tbs
proper shape. He did not like the bii!
The taking Of property from private IL
G4ylduals by the state would cause Il Grea
deal Of trouble. The watsG might bo bstte
distributed Qnder the proposed plan than !
IS not, but he doubted the prOprlety OF thu
plan.
+. l.. hizer. OF Helena, thought the BIZ
would create much opposition from tn
people Of tie state.
II. i. RoIfs. OF Great Falls, SAID the bill
was very crude aud full of defects. On
Gleat ohjcctlua to 1t WAS that The oitlce o
eomInisaloner would be raule sought ate
than that of United States senator. /
would put too great Il III the hands o
the oommlssion. There would bs
chance under the bill FOR II man to becom
Jay Gould. III otAer wuIGs. a great ohsnc
for stealing and frRud unless safeguard
were thrown around Il. lie though: !
would be better So leave the development
OF Irrigation enterprises to private capital
Secretary toss SAID 1t seemed to HIM tina
H. 1T A. -