The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1895-10-10

.ne tax void the absence or all possible
PUBIC interest in the purpose for which
Inc FUNDS are raised, must be clear ana
Paipanie, SO clear and palpable as To he
perceptloie by every mind at The first
o.usn' ana whether use is a public or
private one depends in no measure upon
WHO constructed it or who owns IT,"
1ne question u.s. Is the use public or
l" the nature OF public use? Ii there is
any purpose for which taxation would
seeui (to those familiar with the conditions
surrounding the arid west) to be legitimate
unuer lne conditions surrounding the de-
Veiopment OF the arid lands, il is in the
construction and mainteuanceo of irrigation
WORKS. IL would seem one of the most
important duties of the state whose Whole
future development. if it has any. denends
upon them, to provide and care for Them
ana II they be in the nature of public
use, there can be no substantial reason
why lne powers OF the State 10 tax NAV
not DE eXerled ia this behalf and it is the
purpose ana use Of work which deter
mines its character
IL would seem that the law should be
such that all land within this district can
procure water from the canal on the same
terms and conditions, for The very purpose
ui the appropriation of the water is the
supp ying all land embraced within such
district with that necessary elem -nt and
hence all land within such district should
be entitled to water precisely upon The
same terms and conditions. Assuming
that IL law is enacted authorizing The or
ganlzation of an irrigation district; the
construction of irrigation works thereby
Tor the purpose of retaining from th.
desert and rendering productive the land
elnbra Ell within such district. and all
such land could procure water from such
works ON precisely the same terms and
conditions; and the exercise by such dis
trlct the power of taxation for that pur-
pose, what application would the query
OF Ju sc kOSS I'm his recent decision re-
lating TO the Wright law have to the
question OF public use (when referring TO
the right of every person within such
community being entitled to water on the
same basis and condition) where he says
Can this be properly SAID in respect of II
district, however extensive its boundaries
only the land owners in the district are
entitled to the use" Rendering that the
whole and only purpose Of such II law is
to supply the land and not persons with
water, that the use is for the land not per-
sons, ii the purpose and use" Of IL work
determine It's character, can the principles
governing public use, be applied to land
where the purpose is to supply the land
instead Of persons with water, us in sup
plying domestic water to persons compos-
ing municipalities which latter is conceded
to be IL public useh In one case The use is
for The persons, and each should be enti-
tied TO water Oh the same Terms and con-
ditions; in The other, the use is for the
land and each piece of land should be
entitled to water on precisely the same
terms and conditions.
Is the use any the less public or to ac-
complish an end in public nature, be-
caus. intended for the land instead OF
persons, the necessity in both cases being
rQual? The whole character of the social
and industrial development of people
thus situated will be moulded by the
character Of our irrigation laws. If the
basis of investment in the future is to bit
that of speculation, as heretofore it Is
likely that both capital and the home
seeker will be disappointed, and that too
in IA way most far reaching to both. Or
the other hand, if laws can be enacted
that will enable capital to seek such un
dertakings as an investment rather than ;
speculation, whether under the form o
the district system or not, it is an enc
most conducive to the interests of STAT
and the social aud industrial life of III
people. Around the question of publi
use would seem to cling the germ from
which may evolve the solution or thi
question:; il not, then on what other basi
can IL law be enacted to aid and stimulal
this development?