The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-14
AMERICAS ARID LANDS
THEIR RECLAMATION AND THE
PROBLEM OF IRRIGATION.
What Has Becn Done In Europe. and
success Has Followed Similar
Undertakings i'm the Far Nest.
NJ. willoughby. in Western Rural.

Hatcfs lut III anu the SunS1ine-ail that
is necessary to produce beautiful harvests
belonged in common to the whole peo-
pie. AS the acquisitive and mercenary
sides of man developed. the struggle for
land began. The inhabitants of one por-
ton OF the earth were driven by force
from their holdings and were compelled to
seek homes in remote quarters where the
chance of a livelihood was less. while the
invaders took possession of the desirable
land by right Of conquest, and held them
until they in turn were forced TO surren-
der it to a stronger and perhaps more
rapacious government. So the struggle for
land has been ever going on, and what
was at the outset a gift from God to all
His people has been to a great extent &C
quired by the few and we have as a re-
suit the private ownership OF land. The
never-ending struggle for land is still 60
ing on everywhere and in this country,
while no armed foe is invading its sacred
precincts to drive out or subdue its in
habitants and take from them their birth
right in the land, conditions have arisen
which make it necessary for hundreds and
thousands of people of the thickly set
tied portions of the farming communities
OF the East to. seek homes elsewhere,
where land is cheaper and where the OPP
portunities for making money by improve
ment OF the land are greater. and they
naturally turn to the public landslide
farm may be had for the taking almost.
Socialists persistently claim that there is
enough land east of the Allegheny noun
every farmer in the United states If IL
was cut up into small holdings. As to
the b truth or falsity of Of this proposition pc
tain Ii is that conditions are such that
all the farming people of this country can
not stay on the eastern side of the Ale
ghenies; and perhaps they would not II
they could They prefer to go West:
many of them, and build new empires and
lay the foundations deep and strong for
greater and grander achievements in the
land Of the setting sun.
Having acquired a private ownership in
land, man has been giving his attention TO
productiveness of the field, and but for the
good judgments of the courts and law
makers of the world, 1t too, would have be-
come the private property OF corporations
Is a most essential element in producing
the earth's harvests, the laws have been so
construed and enforced that all have an
fetal uses. Therefore, when the farmer OF
the East determines to try his lot any
where on the arid lands 1t Is with the res-
s0nable assurance that II there Is water
within his reach he will be entitled TO and
receive his just proportion OF II.
The development of irrigation practice in
the West has made 1t possible for the
farmers of other sections of the country
to locate on the rich, though barren, plains
of the United States, wherever favored
by streams of running water. ana by an
cause water to now upon his thirsty fields
at will, insuring a satisfactory yield at the
While but little is known about irrigation
in this country, save In the localities or
States where IL Is in vogue, the custom Is
as old as history, and there is q friendly
it, something OF its past. the laws enacted
to foster and protect IL. from the time Of
the ancients down to the present, will be
of interest in this connection.
Irrigation seems to have come along hand
in hand with civilization. Long before the
Christian era dawned, the farmers of
ticing it. and it is a fact that the hydraulic
engineers OF the olden times were able to
plan and construct canals, fumes and weirs
that are marvels of excellence in the light
While all the countries named were pro-
hcient In their irrigation enterprises to a
marked degree. it Yves Italy which threw
her courts. and in her Jurisprudence is
found the laws which have been used as a
basis Of nearly all subsequent legislation
upon the subject in France, Spain, Mexico
and the. United States.
IRRIGATION IN ITALY.
One might suppose. without investigating
the matter, hat sunny Italy," with its
glorious climate and fertile soil, would be
among the last countries to need irrigation:
but the fact is that the valley of the Pc is
the early home Of the practice, and the
plains of Lombardy, Venetia and Piedmont
furnish the best examples of ancient and
modern works of hydraulic construction for
irrigation. 1t was there that irrigation was
first given scientific study, and was first
practiced as an art. after the light had
broken in upon the dark ages. The streams
of the Po valley have their sources in the
Alps I'M Apennine mountains, and all of
in agriculture. Irrigation in hat region is
Of ancient origin. but since the tenth GEN.
fury the greatest works OF the country have
been built. The volume of water handled
and distributed there far exceeds anything
of the like in this country, and the prac-
tice is more scientific and refined than 1t is
with us.
The Roman law declared that water. like
the air. was a necessity to human life. of
which every one might use so much as was
not capable of appropriation to private
ownership further than in such sufficient
quantity. by the law of nature flowing
said c e a common in pr0RR is s Ur ma %en Of
the Roman law, referring to com
mon property. which he designates
Things the property OIL no one
in particular-the air, running water, the
sea and its coast, and wild animals In a
state of freedom. The air is necessary to
human life, and every one may use so
much of il as is requisite, but it is not
capable of appropriation; the same is the
case with running water" Rivers and
streams. navigable and non-navigable. of
perennial flow. were held to be public prop
erty, and belonged to the state, while nom
navigable rivers and streams of intermit-
tent flow or torrential in their character,
not regarded as public, and situated on pri-
vate property. belonged to the riparian
owners Thus IT Is seen the Roman law
made a fine distinction between rivers and
and the state. representing the
whole people,, was the guardian OF the COM
mon property.
Although irrigation was a recognized ne
cessity. appropriation of the water of public
streams. except for individual use, was a
custom unknown 10 the old Roman law,
and this is where the law of the Romans
is in vogue as in this country are at
variance. as will be shown later on. Gus
toms. however, have grown into laws, and
the result Is that Italy has regulations
covering every essential feature i'm the con-
structfve development of hydraulic canals
of Victor Emmanuel was promulgated and IL
declares the rivers TO be a part of the pub
lie domain. II says: THE national roads.
the shore of the sea. the harbors. bays.
coasts. rivers and torrents. the gates. the
walls. the bitches. the bastions of forts
domain" Under the provisions Of this code
running waters are still held as the proper
ty of the government. representing the
people. and the law Of distribution is al
most the same as IL is In France. In 1885
the Italian government promulgated a gem
oroI md far-raach;uo law governing pIhlic