The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1903-11-14

one person for more than 100 acres
OF land will not be considered, and
patent shall not issue to any except
bona fide settlers, actually residing
upon and cultivating the land.
This act is entitled, "An act to pro-
vide for State Engineer, defining
his duties and regul: ting his COM
Pensatlon, and to provide for the
acceptance by the State of Idaho
from the United States of certain
lands, and to provide for the recla-
nation, occupation, and disposition
OF the same" That law, which
was designed to honestly carry out
the intentions and purposes of the
Carey Act, remained upon the stat
utes uncorrupted until the legisIa-
tive session of 1900 and 1901, but,
with unimportant amendments, was
re-enacted in 1899.
On the 18th day of March, 1907,
the Governor of Idaho gave his ap-
proval to House Bill No. 134, which
provides for amending section 9 Of
chapter I and section 16 of chapter
2 of the act to provide for a State
Engineer and accept the conditions
of the Carey Act, approved March
2, 1899. Bear in mind that in the
title of the Act of 1eoo-1, Section 9,
of Chapter I and Section IL of
Chapter are the only ones men,
toned. Now, Section 9 of Chapter
I relates entirely to the inspection
of dams and embankments by the
State Engineer and the purpose of
amending that section was to en-
large the powers of the State Engi-
neer. 1t had nothing whatever to
do with the Carey Act.
Section 16 of chapter of the
act of 1899, provides that immedi-
ately .)on the withdrawal of any
land by the Secretary of the Interior,
under the Carey law, for the benefit
of the State, aud the inauguration
of work by the contractor, it shall
be the duty of the State Land Board,
by proper publication, to give notice
that said land is open for settlement.
That was certainly a wise and a
proper provision, but, for reasons
which may hereafter be explained,
the legislature of 19oo-1 did not
want it just that way, so the section
was amended to allow the State
Land Board to withhold giving the
notice if, in its discretion, it deemed
best to do so. Immediately follow
ing is an amendment of Section 19
of the act of 1899, and be it noted,
no reference whatever is made
to Section 19 in the title of the
act which amends it. Notwith'
standing this omission, Section
10 is amended in a most vita,
point, for the amendment EN-
powers the State Land Board tc
issue patents to any person, com
pany, or association constructing
irrigation works, under the provl
sion of the Carey Act, to any or al
of the lands, supplied by such works
which remain unentered or untlet
upon after two years. Thus th'
State Land Board could withhold
publication of notice of the opening
of any lands to settlement until tn
expiration of the two years limit
and then patent to the constructor
company the whole or any part c
such lands, thereby completed.
shutting out the very people WHOM
Congress designed to benefit an
entirely perverting the benevolen
purpose of Congress.
The price fixed at which tn
State will dispose Of lands acquire
under the Carey Act is so cents a
acre, and that is the price whlc
speculative construction compan1e
would have to pay, therefore, an
company operating under the care
: act, if the Idaho law stand, m1gE
secure to itself all the land supple
by its irrigation works for practlca
~ nothing. This it would Probat
" do under another name IN orde