The San Francisco call., 1904-07-04
Subject Of Great
importance Is
Discussed.

LO1 in the minds OF men at TIE time
cl their adoption. Later, when the
knowledge is becoming obscure and
Ile argument which prevailed in the
adoption Of The policy is forgotten, the
policy is often summoned 20 the bar
oI public opinion Tor q new hearing
and determination. Because human
judgment is not infallible The uneN-
lected is the only thing that is GER
tain TO happen, and since all human
institutions are impeachable. it is
emiuenuy proper that their wisdom
should be reviewed in the strong light
a. experience.
Il IS sometimes unfortunate that the
assault upon an established policy is
led by persons who are unfamiliar
with the history of legislation relating
10 such policy and who With that in
lrepldity which attends insufficient in
formation, become the proponent Of
methods once fully investigated or
lried and condemned.
POLICY OF RECLAMATION.
The reclamation policy OF California
Is just now undergoing preliminary
impeachment preparatory TO the intro
olction Of proposed reforms. A re-
view Of the policy now proposed and a
presentation OF the relation il bears to
The history Of legislation cannot be de-
3id Of popular interest.
The proposed changes in the policy
Of reclamation may be summarized as
follows:
Ito abandon the policy Of reclamation by
districts or ctacr economic consideration re
-atlng o. the relative reclainability Of land and
resort 10 reclamation by a single system in
which an -he swamp lands shall be assessed
equally frr the reclamation Of all
2-ro this end Il Is proposed that the state
r..rlrra Iffr
reclaimed or uureclairned. levying a special
a.-+ssi'icr- ou The reclaimed swamp land or
t- state ia Ice interest or reclalming all Of
The swamp iald
e-Co levy a general annual tax upon all
lrlqertr l ira Stete Tor a period OF ten years
sld ask the Go,ernment TO cooperate for an
equivalent SUM Tor the same period
i-lc estimate The cost Of a complete recla-
niaton 81 i-n including the reetihcation Of
r.er clsl--lels the construction OF additional
-cia1I-is fcl the relief Of food waters. and
ter s1tfrlr-ing the sum contributed from
rl. general taxation on all property of the
STATE and The contribution o. the Federal Gov
srnneut to assess the reuaining cost for this
general reclalnation upon all the lands Of the
district regardless of relative benefits
Disregarding general details, these
four propositions outline the reformed
policy now proposed.
STORY OF THE GRANT.
BY act Of Congress. approved Sep
tember ., 1850. the State of California
received approximately l5O0. 900 acres
Of swamp and overfiOwed lands. The
act itself declared that the donation
was made TO enable the several States
10 construct the necessary levees and
drains u reclaim the swamp and over
flowed lands therein" The act then
proceeds TO declare:
Il shall be the duty Of the Secretary OF the
Interior 10 make accurate lists and plats Of
al such lands. and transmit the same 10 the
Governors OF the several States in which said
a nd ~ he snf He
ernor ~ any state in which said swamp and
cterneW lands may be. 10 cause patents TO be
issIed 70 sasd stat therefor. conveying 10 said
state the tee-simple OF said lands
The proceeds or said lands made from sale
cr ly cirect appropriation in kind. shall be
applied exclusively far as necessary TO
r-e.a-ming said lands by means Of leyees and
Grains.
The foregoing excerpts present the
letter OF the law. 1t is of the highest
Importance that the Technology en-
pioyed should have careful consider
alton
The first paragraph quoted declares
that the Secretary of the Interior shall
make lists and plats Of the lands and
at the request Of the Governor of any
State. shall cause patents TO be issued
tg the State. conveying to said State
the fee-simple Of said land" The stat
ute itself plainly declares that the
patent issued by the Government of
the United States shall convey a title
IN fee simple and this is the full equiv
alent Of declaring that the title is pass
ed by the patent without condition.
But the second paragraph quoted en-
Joins upon the State the policy of ap-
plying the proceeds derived from the
sale Of the land 10 the reclamation of
the lands themselves by the construc-
lion Of leVees and drains.
PROVISION NOT MANDATORY.
The provision that the proceeds of
the sale should be applied exclusively,
SO far as necessary, TO the reclamation
of the swamp lands was advisory and
not mandatory. This statement must
be accepted as conclusive since the act
itself declares that the Government
patent conveys to the said State the
fee simple Of the land" Any reserva-
ton or exception on the part of the
Government was necessarily cut off by
the issue Of the patent, while at the
same time II may be freely admitted
that the whole transaction has the col
or Of grant for purposes of reclaim
alton. This Is, however. not to be con-
strued as a declaration that such
reclamation is a condition precedent
10 the receipt Of title or that the fail
ure 10 reclaim shall work a forfeiture
Of such title.
The State was admitted TO the Union
Of States on September 9. 1850, and the
act in question was passed September
3, 1880, when the State was only nine
teen days old.
II the obligation Of reclamation ar
htrarily accompanied the gift the pro-
prety of its acceptance would have
been debatable If not wholly inadvis-
able The conditions attending the
swamp lands granted were wholly un-
known The economic value Of the
grant itself was equally unknown.
Hence the people Of California could
not have known whether the acceptance
N the grant accompanied by an ar
bitrary obligation 10 reclaim all the
lands granted would not be the as
sumption of a task the fulfiliment Of
which would be, wholly unecOnomic, II
rot impossible.
NO TIME LIMIT MADE.
There was no declaration in the law
and no possible inference to be derived
from il imposing upon the State the
duty 70 reclaim the land within a given
time or 10 reclaim all Of the swamp
and overfowed lands granted. on the
contrary. IL was clearly within the pro-
vince Of the State 10 proceed with such
reclamation in such a manner as to ac-
1f1f- afrs ale