The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-09
SEATTLE. FRIDAY, AUG. o.
A SETBACK FOR IRRIGATION.


The recent decision OF Judge Ross. OF
California, in which he pronounced the
Wright irrigation law unconstitutional,
has awakened great deal OF interest, not
only among the residents OF many Cali
fornia irrigating districts organized under
that law. but especially among the hold
ers OF bonds issued through it's operation.
The Wright law was enacted In Cali
fornia for the purpose OF reclaining des-
ert land and rendering IL productive by
the use of water. Under IL a great sys-
tenn of irrigation has been built up. much
land once useless has been made yalu-
able and great source of wealth created
IN many parts OF the state. Under tho
law irrigation districts could be formed
and by a majority vote of the people OF
the district bonds have been ordered Is
sued. sold and immense tracts of waste
land brought under profitable cultivation.
Judge Ross decision declares the law
invalid. the bonds are thereby rendered
worthless and the great irrigating sys-
TENS VIII be rendered of no use. The
ground for the decision is that tho legis-
lature exceeded It's authority I'm delegat-
ing it's governmental power TO corpor-
atoms or private character These ir-
rigating districts were held to be corpora
tions of this private character and under
the law were assuming functions which.
under the constitution. belonged TO the
state alone.
While the decision has been subjected
60 some criticism as being deadly blow
To the present prosperity in some sec
tons OF the state, and while some appre-
hend that grave complications may arise
from tho fact that the irrigating bonds
have been declared invalid. at the same
time there are not a few who have looked
upon tho operation or the law as oppres-
sive and apt too often to work injustice
TO people who happen 20 live within the
lines of an Irrigation district
IL has been argued that entirely irre-
sponsibie men. non-propcrty owners.
without a dollar az stake in the matter.
have been permitted simply because they
were voters. 10 saddle heavy debt upon
the real estate OF others. who were. in
many eases. opposed TO irrigation and did
not want 20 use water on their land.
These land owners have been forced into
district organizations against their will.
and II they refused 20 pay for bitches and
water which they did not want their prop
srsy has been connscated by being sold
Tor eaxes.
In many instances under this Wright
law 1t Is said that the owners OF the
larger share Of the land affected have
been opposed 10 the formation Of an ir-
rigating district. but the ditch promoters.
by sktlsally Including town or village
within the limits ~ the district. have been
able to outvote tho property owners IN
terested and make them liable for debts
which they were opposed 20 CONTRACTING.
Judge Ross regards this as unjust and
holds that a district should Include only
al land owners Who are willing 10 have
their property taxed and desire 20 use the
water for irrigatiRE purposes. But Il
nholild not include those who DO not wish
20 irrigate their property. nor should such
land owners he made 20 ray for what "a
a hene0t 70 others and not 90 themselv.s.
should the decision j,sst rendered lie AZ
hrmed by the supreme court 81 VIII he
necessary 70 PASS some new law 20 raec,
the emergency, for irrigation has been
80 successful in California that the reo-
tile there have come 10 regard II as es-
seatial 20 the future growth and PROSPER
ity Of the commonwealth. In view of TIE
provisions o. the constitution as }usf in
terprcted II would seem that the state
must undertake the work. II is suggested
thst districts can Re formed ~ those
actually favorinE irrigation and willing %
pay for 81. Bon3s could re issued urson
tho credit 81 the state 90 lie paid upon
maturity by those who have directly
benefited.
The working 81 systems ~ irrigation In
California should - 90 especial interest
- many peon,e 81 Washington. where 50
lnucA has been accomplished by bringing
water upca irrssaSle iSna while private