The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-01-21

appnca tons; we find that the state en-
gineer has rejected power applications,
stating a part of the power generated
was 10 be used in an adjoining state,
because he claimed ne had NO jurisdic-
ton outside of hiss state. Ne fnd the
rules and regulations changing fire.
quentlY and without notice often with
serious loss TO applicants; we find re-
cords kept in a jumbled, chaotic mess
81 that often attaches of tie Office can
not determine the exact status Of par
Ucular appropriations; we find q state
engineer a busybOdy, ignorant of law
and 81 hydraulic engineering. These
conditions obviously cannot continue
much longer. While il is true they all
do not exist IN any one particular Of
flee. yet they do exist in different o.
fees, and illustrate what has happened
and what worse conditions may follow
In some states We find the state en-
gineer an easy boss" cOnciliatory,
suavc and disposed in fatherly man
ner TO stretch provisions of the law in
a way to encourage new enterprises
and there people do not chafe under
this rule. In other states we find him
puffed up with authority and prone TO
absurd and technical rules-and there
many Of the people are almos; ready
30 riot. These conditions may OF
course. be reversed IL any state with
change in the administration.
So technical have these rules become
that we may soon cXpect a corps IF
lawyers Springing up who viii be Spe-
eialists ina practicing before the state
engineer. This is not far-fetched
idea, but an extremely probable one.
Already q prominent text writer has
begun a compilation OF the statutes,
giving forms and methods of procedure
before TIC various state engineers. This
will probably be soon followed by a
code Of procedure for practising before
the state engineer, giving requirements
for admission 20 practice, prescribing
the oath and what not I'm conformity
with the latest Washington style OF
legislation.
The law onumerates number Of
new principles. which, together with
the nulacrous decisions Of the state en-
gineer thereon, have given rise To a
food of litigation which is now pend
ing. There is grim humoT in reading
the statutes of this state in the early
'5cs. which made the quotation of
law book or the practice of Jaw a pub
tic CncnSc. and to compare them with
this federal &C de, which may well be
termed IAN act for tho promotion OF
litigation and an assistance TO the legal
profess ion" One naturally would pre-
sumo. and it is a fact, that the legis-
laturr which passed this act had fever
laYycrs-Eot over four or fiVe-thaR
envy other session since the state was
admitted 70 the Union.
WIZ should we create lord Of al
the waters of the state? Why should
water rights be singled out TO be
cursed by official interneddling: Is
this law TO be followed BIZ Il similar
one with reference to mining rights?
Fo.- these as much as water rights are
in need Of a high dominating authority
TO state when and how they may be ac-
oujred and wheE the rights thereto
shall be Iitigated against the protests
OF their owners. Let us then create
similar officer for the entire problem of
marriage and divorce and the relation
OF husband and wife. With increasing
momentum i'm our career OF devolu-
ton. we American sovereigns who
boast that we acknowledge no earthly
rulcs, will soon attain that happy state
when we will not need to worry q. all
about this government OF ours. for the
acts and steps % each day Will be pre-
scribed for Us By a little coterie OF
grand dukes in charge Of our various
property and personal rights.
Most of us remember the frenzied
agitation q lew years ago WneD II WdS
discovered that money-the circulating
medium and the very life blood Of our
cCuT try-was under the control of a
Clique of bankers obtained through an
act passed surreDtitiousIy and in the
dark. This so-calied irrigation code
places the control OF water-the very
life blood Of our state-under the con-
troll Of the state engineer. This control
grows stronger and more firmly en-
trenchod day by day. Before long a
change may work serious hardships TO
vested interests. We have given this
experiment a fair trial for almost four
years. It has proven a farcical fail
ule, a centralizing power replcte with
grave dangers TO existing rights and
an incubus on the acquisition Of new
rights and their DEVELOPMENT. Con-
slider its results calmly. fairly and in
diligently. And we believe you will
then agree with us that our water
rights are too sacred 10 be so Ignorant
" tempered with. and that we should
return to the well-beaten paths which
lead TO the exaltation OF the individual
and assure MIN the fullest freedom.
compatible with public welfsre.