Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-02-26
A DANGEROUS BILL.

The "News' has already directed at
tentlon to a bill introduced In the
House amending Section $3.50 Of the
Revised Statutes Of Utah, relating to
property subject to eminent domain
We expressed doubts as to the wisdom
OF the measure. and suggested inquiry
into is merits before It became a law
We now feel assured Of It's danger to
both public and private rights, and
therefore again urge the Senate not to
pass II In hurry.
House bin number FIVE. as 1t appears
on the calendar, is n simple measure
providing for two small changes In the
existing law. But as the poet has sug-
gested, great things from little causes
spring" and very important changes
may result from these small alterations
in the law. They are these:
/. All real property water or water
rghtsl belonging TO any person.
q Lands water. or water rightsl be-
longing to the State, or 10 any county
or Incorporated city or town, not APP
proprlated 10 some public use,
The present law reads as above with
out the interpretations we have placed
in brackets The proposed amend
ments are the words we have bracket
ed to be inserted in the statute, which
otherwise remains unchanged,
The question Is, what Is the reason
for the proposed amendments and who
has suggested them? There is evident
ly some special object In view, and It
would be interesting to the public to
know what It Is and who Is to obtain
advantage from It, The purpose Is
clearly, TO lay open to condemnation
both private and public water rights.
For what purposes? Read the previous
section Of the statute and the answer
win be found. There are numerous
uses for which the right Of eminent do
main may be exercised, among them
railroads. fumes, pipes; outlets for the
deposit or conduct of mlllngs, refuse
or water from mines; reservoirs, dams.
water gates,canals. bitches, acqueducts,
works for the reduction Of ores, with
water for domestic or other uses or for
irrigatlng purposes; also for storing
water, for the operation Of machinery
for the purpose Of generating and trans
hitting electricity for power, light or
heat. etc
These are but few OF the uses for
which. under the law as 1t stands. the
right Of eminent domain may be exer-
cised, Real property may be con-
demned for that purpose, whether be-
longing 10 a person or TO tie state,
county. city or town. But now add to
this power the right 20 condemn water
or water rights belonging to private
persons. or 20 the public represented by
any branch Of local ciyl government,
which may for some reason have not
been fully and continuously used, and
imagine the result
1t ls Just such power rs some specu-
latlve or enterprisng corporations
would like to exercise. II is a power
that ought not TO be extended to them.
Individual and public water rights
ought to be closely guarded by the
law. They were not included in the
statute now in the book when the right
of way over land and the condemna-
ton thereof, when necessary. was given
for the purposes mentioned. This was
Doubtless intentional. Now 10 inter |
polate the changes proposed, would !
throw down the bars that were put up
when the law was framed. and open a
very dangerous opportunity for private |
corporate advantage.
We believe there is something behind |
this proposition that ought to be drag |
gcd into the light. We DO not charge |
any wrong intention 10 the introducer |
n the bin Many such measures are |
presented by request The supposed \
author may be entirely Innocent Of ul- |
terror design the real trainers are con-
'ealed and their purpose with them. |
All we ask for now Is diligence on the
part OF the representatives. Of the peo-
'le,so that advantage may not be taken
70 encroach on Individual or public
lights, In the haste that sometimes at
ends the passage Of measures that ap-
'ear TO be simple in language, bu, turn
'ut 70 be vast IN their consequences
md wrong in their intent