The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1895-06-07


IN regard to the irrigation district
embroglio.
EDITOR REPUBLIC:
am loarh to parade ms private concerns be-
fore the public and IN future will thank you
and the News to ignore me and ms affairs.
But now that YOU have seen fit TO fiji a column
OF your paper with an article caDConed Denied
for Good Reasons, IN which you state the COM
mlsslOneTs rejected the petition for the calling
of an election 10 vote ON the proposition to erect
an irrigation district on the Smoky, because such
decision was IN accord with the equities of
those affected it seems my duty to correct
some of the misstatements contained therein.
Let me say N the first place that do not in
tend TO defend MT. Tenant. his article, to
which you take exception, was surprise TO me :
and fee! he can ably return 10 you your little
pleasantTIes in reference to Ananiss.
! simply take exception 10 your account of the
truth about the matter"
In order to raise means to develop my property
here attempted to organize the first irrigation
district In Kansas. 1 plated out a small tract
Of about i've sections, nearly all of which ] own
or control, Only a portion of this land could
have been bonded, as the law distinctly states
that only such land can be bonded that Is irTig-
able. Only land that is bonded can be taxed to
pay said bonds.
Every voter and resident land owner within
the district was IN favor of its erection. As II
did not affect anyone outside of the district in
the slightest, the remOnsTance Ia copy of which
you printed was entirely irrelevant. Nor was it
considered by the board, and was not referred
to by any one but myself as an evidence of
petty jealousy and animosity against enterprise
and endeaYOT.
The formation of the district had no more re-
lati0n to the question of water right than had
you calling Tenant a liar. The commissioners
held they were entirely district questions. Mr..
Austin told me after adjournment that he had
never read the TemOnstFance. In handing down
the decision of the board he said the petition
was rejected because it did not show public
benefit and utility" that as owned large ma
jOrty of the land in the district it would favor
monopoly. He entirely overlooked the fact that
all successful enterprises are, and must be, con-
trOlled by one, OF few men that the bonds had
to be expended on all the iTrigable lauds in the
districts that the improvements would employ
labor, establish an industry in the county which
might prove what irrigation could do One of
the other commissioners found a technical OBJ
lection to the drawings accompanying the petit
ton.
MIR. Tully Scott was exceedingly anxious that
1 should appeal from this decision, and said he
was willing to risk his reputation as an attorney
IN the attempt to obtain a writ of mandamus
compelling the commissioners to grant said pc
titlOn. But as the bonds obtained by the fOrma-
ton of said district would be entirely unstable
owing to the want of confidence in Kansas sec
as personal favor, 1 concluded that there were
cheaper ways of developing my lands and,
therefore, dropped the matter,
i do not accuse YOU Mr.. Editor, of luminosity
/ toward me, but should you not have in eStigat-
ed the matter before stating that the Signers to
the rem0nstrance were land owners on tine
Smoky You would have found that many
of them have no more of the creek
on their lands than you have in Good
land. l can't conceive what object
ANe1zr- h ~ H.
stand the jealousy my neighbOTs here feel to-
ward my attempts to keep of the poor list but
can not understand why those who appear as
friends ami have received faVOrs at my hands
exhibit such an unfriendly attitude.
Now the question of priority of water rights
is entirely another matter, and is one of inter,
terest and importance to every land owner on
the creek; but suppose You and Tenant let
the district court settle that matter, and hold
your valuable opinions until you have heard
Judge Smiths 5, Or is it true that you editors are
assisting the friends of the plaintiff in case for
water damage In which ] am made defendant
to influence public sentiment against me7 They
claim they are doing this very successfully.
This is the main object of that brilliant organ
izatiOn THE Mutual Benefit Irrigation and
Agricultural Association of District No. 81,
Smoky township, Sherman county, Kansas. Il .
l am entirely Indifferent to this, for feel con-
ident 1 will be accorded justice by the law, and
l want title to no property which cannot be
maintained thereby; and whatever the law ac-
cords me, that will l defend to the last effort
and with my utmost means.
Now Mr. Tenant sets up the theory that all
irrigation laws are unjust; that water should
remain as common property. o. great mOralist
If water here is of value iU was not before | be-
gan using it, how can you quiet disputes with
out title! How can you acquire title without
law All land owners on the Smoky were ac-
corded an equal opportunity to acquire title to
water under the law. As yet no one has estab-
lished right Several have employed attorneys
to assist them in acquiring title, Who has the
first right cannot be determined until the mat
ter is brought before the district court, and the
successful one, whoever he may be- viii win be-
cause he was first to comply with the law.
The association above referred to, entered III
to an agreement last winter that none of the
signeTs thereof should build dams over a certain
height or check more than a small portion Of
the flow of the creek, Yet already it is asserted
by some OF tine signerS that two parties to the
agreement are now violating it, that no water
has run over one of the dams for two months
How can they enforce this agreement
By the damming and use of the water above
me last season, l lost five acres of potatoes and
all other vegetables that were not in very low
ground. No rights having been established,
had no redress.
Does anyone think these dear Socialists are
going to divide the water around pro rata,
gallon or two to each land Ownerl and do this
without COmpulsiOn3 As well think the first
settlers on some of the valuable KickapOO lands
will divide up their hOmeSteads TO the unlucky
boomers,
propose to abide by the law. Whatever it
may take from me, that WILL give up cheer
fully. What it awards me, that will defend.
PRESLEY I. LANCASTER.
The matter. of forming an irrigation