The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-02-19

TaWney alone had been permitted to push
his bill and rally all the friends of the
dairymen around tho such bobble would
have been made as that which character
lied the management of the bill on the
floor of the house on Tuesday, and led to
the small >maj ority Of a.. This much can
be said without its being necessary to
take sides as between Messrs. Tawney
and (McCleary It looks@as if it has been
case OF too many cooks, and the spoil
ing OF good broth.
Uphill Drainage Work.
Prospects for legislation which will ap-
propriate government funds for Red river
drainage are not bright. Gentlemen from
North Dakota and Minnesota, who are
here in the interest of that proposition,
after careful investigation, gave up the
fight on the house side of the capitol last
wednesday and turned their attention to
the senate side, where they hope to en-
counter less opposition. Should the SEN
ate put the appropriation into the river
and harhor bill the chances for it's stay
ing in would be good. Opposition to the
appropriation is pointing out that the
engineering officers of the army have
made detailed surveys of the Red river
country, and reported that in their opin-
ion no system of drainage which could be
erected would reduce the flood levels of
the river more than an inch. Such a
small result OF course would accomplish
nothing, and besides it would cost many
thousands of dollars. With due respect
to Major Edwards of Fargo and DR.. KEEL.
sey, who are here laboring with might
and main for the appropriation, it looks
as II nothing can be done at this time.
In this connection word as the propo-
s1t1on to declare the Minnesota river nom
navigable is pertinent The courts have
held that where river lies wholly within
certain state, the legislature of that
state may. If it so desire, declare the
river non-navigable, and authorize the
construction of bridges, dams, etc. Now,
that. is what the Minnesota legislature
did at the last session, the bill having
been introduced by Senator Benedict Sof
Blue Earth county The courts have also
held that the exercise of this legislative
right will not operate as bar to the
superior powers of congress, which means
that congress can at any time order the
removal OF any Bridges dams, ETC., erect
ed in Minnesota under the Benedict law
That congress will ever take any such
action Is not likely; indeed, it is so I'M
likely as to be unworthy of consideration.
But the effect Of thus keeping the Mime
sofa river actually under the control of
the general government will be that the
big lakes at It's. source can be used at
any time congress is ready for such step
as reservoir feeders for the Mississippi
below st. Paul. Were congress- however,
to pass bill officially declaring the river
non ayigable, the authority of the gov
eminent over the stream would cease. and
| no such reservoirs could be constructed
and used. This is the point of the oppo-
sition to the proposition of Representa-
tive .Heatwole to have congress pass such
a bill. The proposition is opposed by
Representa- tive McCleary for the reasons
set forth above. He admits that the river
lis to all intents and purposes non navig-
l, able. but he does not. want congress for
| maHy to say so, for the day is probably
coming when 1t will be highly necessary
! to tap the large lakes around the head
waters of the river in order to help swell
the tide OF the Mississippi
Noyes-McKenzie Unhappiness.
| The Noyes-McKenzie matter is not
| closed. Mckenzie has been in Washing
ton for more than a week. and, proposes
to remain here until the department of
justice has closed its hearings. Attor-
| neys representing Judge Moves and the
other defendants are here preparing elab-
crate briefs for submission to the at
torney general. These briefs will be as
comprehensive as possible, and will set
forth all OF the facts as they are viewed
from the pro Noyes side of the case. In
the end the attorney general will be in
the Noyes side which is: available. This
will act as counterpoise to the anti;
Noyes propaganda which has been busy
in Washington for more than a year and
has saturated the city with information
representing only its peculiar views.
What the attorney general will recon-
mend to the president it is not possible
at this time to know. It is understood
that the briefs which are being prepared
will deal with two main points. First,
the question as to whether or not Judge
Noyes acted in Judicial manner at Cape
Nome; and second, whether or not he
was competent ~acceptably to discharge
the duties falling on him as judge Of the
court there. These points will open up
the briefs to full discussion of the ap-
pointment Of receivers and the failure
Of Noyes to comply promptly with the
order of the California courtIof appeals
The action iof that court in levying a
heavy fine on Noyes and in sentencing
others to terms in Jail will therefore be
passed in review before the department
of Justice. The finding of the. department
will interest the entire country, for the
Noyes case has attracted great interest
east and west. No case similar to it has
ever arisen in this country, 1t is said.
Valuable Army CompiIation.
Senator Proctor of Vermont has intro-
duced a bill providing for the purchase
of the manuscript Of the Historical Reg
lister, United States Army, from 1889 to
1861 = compiled by Francis B. Hoffman,
one Of the Oldest clerks in point. of sery-
ice in the adjutant generals office The
author has worked for three years in
completing and bringing the compilation
up to date. 1t includes the names of all
the presidents, vice presidents and gem
erals commanding the army, showing
where and when each was born, the exact
period of service and the date and place
of death. 1t also has a complete list OF
the general officers of the regular and
volunteer armies. including those Of the
war of 1872, the Mexican war, the war of
the rebellion, and the Spanish war, and a
list of confederate officers who were
killed or died Of wounds III the civil war.
formation about their service. The. work
| also includes the names of officers to
whom the thanks of congress has been
extended, brevet ranks that have been
conferred and other information regard
| ing special acts Of congress relating to
Individual officers Mr.. Heitman's work
has been commended by General Miles and
lotfler officers in the line and staff, Com
missioner Of Pension Evans and Mr..
lRittman. auditor for The war depar tment.
i Is Intended TO distribute the work