The record-union., 1898-06-17

v NlS1O1k 10 30 OaCk ID COltlSIC CACC, dAi0 tAAC
conferrees, availing themselves Of the
technical knowledge of the gentleman.
can work out such modification that
will assure, without embarrassment to
| this work, the expenditure of the $780,
600 from the California State Treasury
| in similar work, and to have it done
| when it can be done under contract.
Mr.. De Vries and Mr.. Maguire-It can
| not be done.
Mr.. Sayres-If the gentleman's prop
osition should be accepted, then we are
met with the very trouble that first
confronted us.
| Mr.. De Vries-That is it exactly. /
| cannot accept that proposition.
Mr.. Sayres-For the reason that it is
| impossible for California, as I under
stand it, by reason of her Constitution,
to pay into the Federal Treasury the
| $250,OOO already appropriated.
| Mr.. De Vries-They cannot contract
to pay it into the treasury in direct
manner because of a similar constitu-
tional inhibition to that which was en-
| countered in the first instance. The
constitutional provision inhibiting the
| Act would inhibit any contract seeking
the performance of that Act.
Mr.. Cannon-Cannot California make
| this contract?
| Mr.. De Vries-To pay it's one-half to
| the Federal Government?
| Mr.. Cannon-Cannot California make
a contract to eXpend it's own money?
| Mr.. De Vries-Certainly
| Mr. Cannon--My friend says that is
what it provides; but suppose the
State of California does not assent to
this contract?
| Mr.. Mann-Then no contract can be
made
| Mr. Maguire-How can this Govern
ment be injured by that failure?
| Mr.. Sayres-Let me suggest to the
gentleman from Illinois, think I un-
derstand what he is driving at-that
after the word authorized in line
is, page 100, he insert the words land
directed; so that it will read: "The
Secretary of War is hereby authorized
and directed"
Mr. Cannon-I think that would help
1 it. but / suggest to the gentleman from
| California and the gentleman from
Texas that, with everybody seeming to
desire the same object, now that we
| come to have some understanding of it,
/ If this same legislation is to go on, we
| had better send it back to conference,
and then the gentleman can have his
hearing and see if we cannot frame
language that will accomplish what ev
erybody seems to desire.
| Mr. De Vries-The language of this
amendment has been worked over by
| the law officers of the Government for
| the past year. They have studied care
| fully all the statutes Of California re-
| lating to this subject. They have stud
ia c,.Iy- H. ,%-%, ~
| relating to the subject. 1 have devoted
much time and study to all it's various
| phases and the law relating thereto,
and am, therefore positive of the
ground we stand upon in this amend
ment. The law officers of the War De-
partment after such research have ad-
vised this particular amendment. Af-
| ter it was drafted it was submitted to
them again and they approved of it,
and I think it would not be capable Of
much improvement in the limited time
the confrerrees have at their disposal
In this amendment we have accom-
plished the final solution ofthe most
vexing question that ever disturbed the
people of our State. After much dam
age to property interests upon both
sides of the controversy, after much
/ long and expensive litigation, after
| many legislative attempts, the solution
Of this problem is in sight.
| Commencing with the Biggs Commis-
sion in 1888, followed by the Caminetti
law later on, and that by the provisions
| Of the river and harbor Act Of 1896 and
the various State Acts mentioned,
harmony has been brought out Of
chaos. The farmer and the miner
have been united upon this plan, and it
only remains to bring together, as is
done by this amendment, in the con-
summation of this work, the State and
| nation in the performance Of their re-
spective shares Of the work and en-
abling the same to proceed. AS it
reads, it now has the stamp Of ap-
proval Of it's final judge, the War De-
partment, and therefore cannot fail. It
means peace and prosperity, union and
happiness, to two great and worthy
interests Of California, the farming and
mining interests; and being so ap-
proved and certain of accomplishing the
last necessity of this great work. cam
not consent to any change in it's ver-
biage. We know we have certainty
here; we prefer not to risk an expert
ment, and shall therefore ask vote
upon the amendment as it stands.
Mr. Cannon-As this bill must go
back to conference, it cannot do any
harm for US to look into the matter fur
| ther I have no desire to defeat this
provision in the line Of what gentlemen
desire, but I want to understand it,
and I want to see If there can not be
some security given that California will
| spend it's money, and therefore I ask
| the House to send 1t back to confer
ence. and then the gentleman can have
| a hearing. and I think the matter can
be got into shape.
Mr.. De vries-I want to say that the
Federal Government can never become
liable for any more than one-half OF
this work by reason Of the terms Of
this Act, for under the very language
of this amendment it limits the liability
| contract entered into under the same.
1t says ''the United States shall in no
manner be held liable for said one
half" meaning the one-half to be paid
by the State Of California.
Mr. Cannon-Precisely. But suppose
the State of California, through it's off,
GERS. refuses Then the Government Of
the United States will have expended
its $3.50, 600, and meanwhile they will
4 have river half cleaned out, and CAL
ifornia will have her money.
Mr.. Morris-But the contractor who
takes the contract will do the work and
| look to the State Of California.
| Mr. Cannon-Suppose California will
not allow herself to be looked to. What
1 ask is this: Here is river and har-
| l,n, -ic;1 rofh o1,,.sc