The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1906-10-27
THE EMMETT BENCH LANDS.


this is a matter which during the
past year has been constantly mis-
represented by venal and malicious
ly inclined press. The statement has
frequently been made that Governor
GOoding had some part in the dis
'posal of the Cary Act lands on the
Emmett Bench under the Canyon
Canal Company's project and that he
had benefited thereby This Is an
absolute falsehood 1t is known to
be falsehood by the parties who
published the same, and has been
published purely as a matter of black
mail by the Capital News conducted
by Mr.. Sheridan and edited by Mr..
Polk.
The Canyon Canal Company which
is about completing it's canal on the
north side of the river at Emmett
and which is designed to irrigate
about 81 900 acres of land on the
Emmett Bench during Governor Nor
rison's administration entered into a
contract with the State of Idaho by
which it was provided that the com
pany should have the right to charge
for water rights under the canal at
the rate of $4,000 an acre for lands
segregated under the Carey Act,
$4,000 an acre for water rights for
lands owned by the State, and $4,000
an acre for lands under private own
ership.
In the spring of 1905 1t becoming
evident that the canal was to be COM
pleted within the near future, the
State land board set a date upon
which entries might be made upon
the Carey Act land. Governor Good
ing and the other members of the
land board anticipated that these en-
tries should be made as they were
in the Twin Falls tracts by drawing
lots. A few days before the time for
the making of such entries, the men,
bers of the land board were informed
that this plan was not to be followed,
but that the Canyon Canal Company
would award water rights to parties
for specific tracts of Carey Act land
and that under the Carey law 1t
would be the duty of the State land
board to accept a filing to such lands
from the party holding the water
contract. A strenuous objection to
this method was made by Governor
Gooding, who demanded that the en-
try be decided by lot or otherwise,
and that after such entries were
made the canal company should be
compelled to contract with the par
ties making such entries for water
rights upon the lands entered upon.
The canal company demanded that
legal advice be taken. The matter
was referred by the State land board
to Attorney General Guheen, the late
ex-Attorney General Parsons and ex-
Attorney General s. H. Hays, none
of whom were interested in the pro-
ject, and all of them decided that the
canal company under the Carey Act
was entitled to award contracts for
water rights for specific selections of
land prior to the filing on those lands
In the State land Office
Under these opinions the Carey
Act lands on the Emmett Bench were
handled. Governor Gooding did not
have claim on the Emmett Bench.
He is not interested in any land on
the Emmett bench either thru him
self or anyone else, and endeavored
at the time in the most strenuous
way to prevent the awarding of water
rights prior to the filing by settlers
upon the lands. AS further illus
tration of the governors effort on
behalf OF the public schools of the
State in connection with the admin
istration of land board affairs, it
might be we'll to mention that the
State owned several thousand acres
of land belonging to either the COM
mon schools or special grants on the
Emmett Bench and under the ditch
being constructed by the Canyon Ca
nal Company; these lands were APP
praised at the minimum price under
the constitution of $1,000 an acre,
and an effort was made at the time
of the opening of the Carey Act lands
on this tract to secure the offering of
these State lands for sale at the low
appraisement then put upon them.
To this the governor and the men,
bers of the land board would not con-
sent, A new appraisement was or
dered and the State lands on the
bench were then appraised at from
$40 to $45 an acre. A sale of lands
occurred. and almost without excep-
ton, every tract OF land sold at an
increased price over the appraise-
ment; some of the lands which were