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

the Receni Irrigation Congress.
CONTINUED from Last Week.
Investment of capital in aid of indus
trial development. when such development
/, necessary, made on Il basis consistent
with safety. safety both to the investor and
On this case) the cultivation of the soil.
must be sound in the very nature of
thugs But the safety valve must. in such
case, work bntn ways to prutecn either.
The speculative feature in such undertake
ings is the Samson which DESTROYS both,
But white such law may be- enacted. what
will its Interpretation be by the courts
under the law of public use. this being,
seemingly, the pivot on which the uues-
ton turns? Courts should be rs much
bound To interpret laws in the light Of The
conditions To which those laws apply as
legislatures are to enact laws adapted To
the conditions to which they We're intend
ed to apply. lie not, then laws are as
vain a thing as courts would be. for they
prevent the very thing they We're enacted
to accomplish.
Courts say it is lawful to levy and col
lect taxes to drain land to prevent death
Can they then logically say it is unlawful
to irrigate land to promote life? They say
it is lawful to call into exercise the taxing
power to dry soil to render thai and adj
lacent land habitable. Is it not then log
ical to say it is lawful to wet soil to render
il habitable? In other words. the taxing
power is lawful to dry land to make life
possible. Why, then.is the taxing power
unlawful TO wet land to make life posi-
BILE? The conclusion would seem To be
that if law Can be enacted and sustained
by the courts on the theory of public use
10 dry land.a law can be enacted and sus-
tanned by the courts on tine theory of pub
lie use TO wet land, If the necessity in both
cases exist. IL is us unsuitable To promote
life us to prevent death. rs Il state policy.
1t would seem as ii states situated within
the rain belt should suddenly become arid
and it was possible through mechanical
means TO produce rainfall at the will of
each land owner. but the process was i'm
possible 30 him alone because OF the great
expense, IL law could be enacted and sus-
tanned by the courts on the theory of pub
lie use 10 produce such rainfall. 1t like
wise seems to those familiar with cundi-
lions in the arid west, that us no social or
inuuslrial NE Gun eAist ul liose N"soNraots
OF ara lahus WITHOUT lhls moisture, law
couiu oe ehacteu anu susealheu ny the
courts on the theory OF pupllc use 10 pro-
cure such moisture Courts say IL IS law
1ui 10 call INTO exercise llie laNihS power
TO promote commerce ON the ground OF
public use as applied 10 highways, rail-
roads etc. Gan IL then DC uniawlul u
Call INTO exercise the laxlhg power 10 Gre
~ g..
ate The very thihg without which no COM
merce could exist ana tlat, 700; when
humanity could exist WITHOUT such pro
motion OF commerce, put could not exist
without tlat from winch an cohilherc'
springs? Had the whole United otateS
been arid like TINS great west, ana winch
Is destined to be the garden OF America &c
you not suspect that the law OF puol!c use
would long ere TINS nave been SO esuto
lished that 1t would have luily met INT
requirements of this now ard west
In fact, is not the whole spirit ana pur
pose OF all law perverted INTO destroyer
of that which il was intended To promote
when not enacted ana Interpreted Ill th'
light of the condition to which II was IN
tended to apply? 1t may seem hardll
logical for courts to say taxation is lawlu
to promote commerce but is not lawful u
promote the very thing without which nj
commerce could exist, and that, too, whei
all the elements exist, except the law ant
the Interpretation thereof, from which TN
commerce. the very life, OF clvlllze'
people. can spring.
If Holland should cut oil an area OF III
sea by dyke and pump The sea there
from and should authorize the h0meseek
ers on the land thus reclaimed ron IN
sea to organize IL district embracing IN
land so reclaimed, to pledge the credl
thereof for funds to keep the water iron
again encroaching upon such land, ana Z
exercise the taxing power on all propert
within such district to redeem that pledge
would it not seem that courts could sus
tain such legislation on the ground u
nublic use under the general principle
of law common to all courlsl
Such reclamation is certainly the nigh
est form of public concern, or there is II
other way to meet the expanding wants 2
a people. There is no other way oil Jul
iZing natures richest gilt TO lloerty-loN
ing, home-seeking people, other IMAM
harmonious union of land ana wafer
the arid west. Can that union be oroug'
about under the law of puolic use III"
capital may seek IL as an Investment RAIN,
thana speculation, and by SO dong promo'
and rapidly develop high order OF socl'
and industrial lie oased on Ihe cuiti v,
ton of these lands ana mus pronlo.e ~
creation OF that from which az oop,I
springs? 1t must De cohceueu' .n'"r
that 1.-THE taxing power can eAlenu
farther than TO raise money lor pun,
nca or to ACCOMPLISH some end III puOl