East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-06-05

The question Of the constitutional
ity Of the law under which the Unit
ed States reclamation service is oper-
ating, raised by the decision of the
federal supreme court in the Kan
sas-Colorado case, may be passed up
on by the federal court which sits in
Yakima on Tuesday, June IL, says
the Republic of that place.
The point raised in the answer of
Attorney II. ]. Snively to the suits
brought by the United States against
number of foreshore owners on
Lake Gle Elum, for condemnation of
about 1000 acres of land for the use
of the reclamation service. United
States Attorney Avery is willing to
argue the point before the federal
court this month, but he desires the
damage question to be continued un-
til later. Mr.. Snively, acting for the
owners Of the property which the
government seeks to condemn, OBJ
jects to the continuance and will en-
dcavor to bring the condemnation
suits to trial.
The question of the jurisdiction of
the United States in the premises,
raised by Mr.. Snively, Is the most i'm
portant feature of the suits and Mr..
Avery appears to be anxious to have
the question settled definitely one way
or the other. AS a matter OF fact,
Mr.. Snively believes that, in respect
to the Improvement OF public lands,
the government OF the United States
is in II different i.osition In this state
to that which II finds itself in the
original states of the union. Article
26 Of the state constitution contains,
according to Mr.. snively's view, a
distinct compac: between the gov
ornment Of Washington state and the
federal government, giving the latter
complete jurisdiction over all public
lands until the title thereto passes
from the government, and therefore
over the land involved in the irriga-
tion projects.
II Mr.. Snively's view is correct,
there Is no danger of the irrigation
projects of the government being in
terfered with, no matter what the
situation may be in other states.
The suits brought against the fore
shore owners of Lake Gle Elum are
to secure about 1000 acres of land
adjoining the lake and which will be
covered with water when the dam
ming project at the outlet Of the lake
Is completed. This work will raise
the lake about 80 feet. The govern
ment entered into negotiations with
the owners of this land some time
ago. Just what figure the govern
mont agents offered to pay is not
known, but Mr.. Snively says that he
is endeavoring to get $50 per acre
for the land. This the government
will not pay and hence the condem-
nation suits.
The defendants In the suits are
Charity Harrison, Thomas H. AmbIe,
James Houscon. Roslyn Fuel COM
pany, George F. Davis, Mary ]. Da-
Wis, sampel Packwood and NJ. F.
Packwood.
A dispatch from Washington, d. c..
says that the ,fede raj officials are not
much concerned over the statements
made that the reclamation work of
the government is In danger of be-
Ing delared unconstitutional. Such
fears, says the dispatch. are ground
less, and careful inquiry among the
government departments which are
vitality interested warrants the state
ment that the reclamation officials
are pleased with the decision insofar
as II denies the contention of Kansas
Tor common law riparian rights and
denies the contention OF Colorado
that 1t had sovereign and exclusive
rights over the water within the
boundaries of the state.
It ia admitted, however, that the
raising of the question of the consti.
tutionality of the reclamation act,
might be embarrassing in future liti-
CATION involving the reclamation
service.