Arizona republican., 1901-02-20
NICHOLSON, the Leading Tailor

doubt it. bat may b. wrong. mast give you my thought, however though it is TO doubt contrary to the convic- lions of some ac ,ha hes, people of the valley.
 "Onc serious Il feet iu the bill is that i, vests judicial powers in the board of Irrigation. Th= organic law of the t-r- ritoly vests the judicial T. Wer in the supreme Cour, and su h inferior courts as rhr gislatlvc council may create. Iar bard o. irrigation Is c.nstitut ed under this oil $ n1; a court. Tn powo. to adjldigItc all the water rights rights If tho territory is judicial power. The territorial engineer and division supcrintcndants are a%rcutiye officer with clearly defined duties as such. lt would uot be necessary to institute d tribunal caurs. that the presiding officer or officers thereof should b. d lawyer OF lawyers. but is fl wise t' delegate to body of laymen exclusively the determination of ST h intricate legal questions as must of necessity arise in adjudicaung all the water rights of Arizona.
 Tn Wyoming they had such prac- ticdl difficulty with their law because Mir. Mead was, as | understand, edu- cated as d laWy.r. In Wyoming the board uf control was created. and judicial powers vested in t by the con s,itut.on of the state.
 "Another D int that seems to me worthy of very serious consideration is as to the power sought to be vested in the state engineer to prevent new ap- propridtious unless approved by him. This is a v.ry arbitrary power to vest In him. II would permit a dishonest engineer to hold up every proposed en- tcrprise in the territory unless he was satisfied with Arguments satisfactory to him. And though honest, an en- gineer who was stupid and obstinate might do as much harm.
 Again. as decided in H-Weu vs. Johnson. S9 Fed. 55f. the water is an unnavlsable stream flowing over the public domain is a pat thereon [. Being the owner of these lands. it Uha national government has the power to sell or dispose of any estate therein in any part thcraIf'
 "Thc organic law of the territory pro- vices that it shall not pas, any law in- torr"tinE with the primary disposal of the public lands. This point is worthy of very careful consideration when We bear m m.nd that SD large a portion If tha area of the territory Is public land.
 "l regret that I can only send you these hurried suggestions instead of the carefully draw opinion I had in tended to prepare, but perhaps they will serve your purpose as well.
 "I understand your supreme court has ROW on appeal cases involving the principles referred to in the opening of this letter ID have those principles declared by that court to be the fun damental law of the territory is of vastly more importance to your people than this complicated bill.
 ~ think W" are making remarkable htadWay here. The house irrigation comm tter Is making up and have had several hearings,and [ was before them today I think We will g-t the New lands bill reported. and that there is a possibility Of passing lt. The Indian bill is still in conference. We will not know the fate of the SaU Carlos item for some days, but the opposition seems to be melloWlng down some hear bet ter reports today of the situation.
 "Ncry sincerely yours,
 GEORGE T.. MANW ELL"