The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-03-18
RAY OPPOSES
THE WATER BILL
Files a Minority Report Con-
demhing Irrigation Measure.
CALIFORNIA MIGHT OBJECT
&
MANY DIFFICULTIES FEARED
By THE OPPOSING MEMBERS.
CALIFORNIA MIGHT OBJECT
Special correspondeneel

-~fS AAle'oE d HttllVllly report against
the irrigation bin reported by the
house committee on arid lands. which
is nearly the same bill as passed by
the senate, with certain amendments
The arid lands committee of the house
is composed of eleven members, six Of
whom are from the arid western states.
Of the nine members reporting in ia
vOr of the bill five are Republicans,
three are Democrats and one is a Pop
uiist. Mr.. Tongue, the chairman, and
Representatives Reeder of Kansas,
MOndel Of Wyoming. Sutherland Of
Utah and TirreH of Massachusetts are
Republicans; Newlands of Nevada,
Underwood Of Alabama, Bellamy o.
North Carolina are Democrats, M
Neville Of Nebraska is a POpuliSt
Judge Ray Of New York, who makes
the minority report, is a well known
member of the house and is held in
considerable repute for his legal knOwl-
edge and ability. He condemns the ir-
rigation bill as supported by the ma
jority of his committee as danger
Gus, unfair. impossible of execution
and unconstitutional" His objections,
ia brief, are to the effect that in his
opinion the money derived from the
sale Of public lands in one state can
not be used to build irrigation works
in another state, and ne does not be-
leve that the amendment made by the
house committee, providing that with
in each ten-year period after the pass
age of the act the expenditure shall be
equaliZed. meets this objection. Judge
Ray says: This section is a mere
declaration of congressional policy it
is not binding on the secretary, or in
tended 10 be, and was inserted 70 pla-
cate the opposition TO the unfair pro-
visions Of the bill"
Cites CALIFORNIA; Case.
He raises an interstate question by
citing the sO-called California; Nevada
reservoir scheme, in which it is pro-
posed to store waters in the state Of
California and use them in Nevada for
irrigation purposes. de doubts
whether California as a state would
ever consent, or could be deprived Of
her own water for use in another
state and be doubts the constitution
atty of any provision authorizing the
federal government to divert water
from one state into another. The esti-
mated cost. of constructing, maintain
ing and operating great reservoirs as
main line canals is questioned, on the
+
yet, purely theoretical
If we add millions of acres Of IN
productive land to our national pos
sessions says Judge Ray. Eve shall
/ largely diminish the value Of the pres
ent farming land throughout the
Union and we shall open new areas in
the far west to compete in production
with the farmers in the south, east
and middle west. The people in these
sections viii not consent, and ought
not to consent. to pay from the public
treasury for the construction of such
public works, which, even if success
ful, win work injury to their inter-
ests.
Our present agricultural lands are
not so OVeTcTOWded and unproductive
that We need TO enter on this scheme
i'm order 70 feed or accommodate the
people of this nation, even should the
population double in the next fifty
years. We are now producing and ex-
porting millions of dollars worth Of
{ farm products each year, nor should
we open up these lands for the public
by encouraging immigration The
time is at hand when immigration
should be limited and discouraged Tath-
er than encouraged.
The minority report enters into the
dangers of placing these millions of
dollars under the absolute disposal Of
4 the secretary Of the interior. TO which
viii be added s., 900. 600 each year until
I the sale Of irrigated land begins, when
the sum viii be much larger. The re-
port says: In the mad scramble for
This money, corruption would run riot.
The secretary Of the interior has not
the time to see to the honest distribu-
ton and application Of this money, and
the whole matter would necessarily be
left to the management of irrespOnsi-
BILE subordinates Civil service has been
+ SO extended that the secretary Of the
interior win be powerless to name the
subOrdinates who viii apply and ex-
pend the sum. and the civil service
I commission is not responsible Go any
/ one, and by the enactment Of this bill
/ congress abrOgates its power"
Thinks It Is a Scheme.
/ RAY. asserts that the Immigrant rail
/ reads are behind this irrigation scheme,
/ and are 70 be its real beneticiaries. He
SAYS. In our judgment the congress OF
the United States viii be false to its
/ trust il il sanctions a scheme, the bene-
/ fits of which are largely, at least, to be
] reaped by these railroad corporations
! These corporations inspire opposition to
/ the plan of turning the public lands
over to the states. leaving irrigation 70
state expense and state control and
! interstate agreement. The secretary OF
the interior is not only to expend al
the money in the construction Of these
/ works without restraint, but he is tC
I select the location and TO determine
/ their extent and chara cter, control then
/ when constructed and fix the price
/ and extent of water rights sold to set
/ tiers on what he may deem equitable
! principles. The unwisdom OF comforting
an this power. of surrendering all this
I property and Of opening wide the door,
l to treasury footing is apparent
The report goes in detail into the
question of the necessity Of the fedora
! government securing land and existing
water rights by purchase or cOndemna-
ton. quoting several cases in the lega
records to show that such "a course
would be unconstitutional The repOr
says "In the light OF the adjUdicateC
cases. the provision in the Dill author
! izing the condemnation Of lands i.
I plainly unconstitutional The state ha'
ample power to control all waters anC
lands within its boundaries by the ex
/ ereise OF the right OF eminent domain
a power the general government doe.
not possess. except in a limited degree
and for the purposes Of which this !.
not one. The general government VIII
/ therefore. il this bill or any simus
/ bill becomes a law, find itself hamperet
at every step. unable to carry am
plan into successful operation, and viii
/ as already stated, subject itself &
claims. many Of them just involving
millions OF dollars, for the unlawful in
Sc L. af-~f4+ n VS.
leges When state IS admitted int
the Union the sovereignty Of TN
United States over every foot Of sol
in the state is at an end (unless ex
/ pressly reserved and that Of the stat
becomes paramount.
The bill is also unconstitutional be
cause the congress Of the United State
has no power 70 provide for the irri
CATION Improvement OF its public land