Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1908-12-24
The Settlers Drainage Bill.
How Plain a Tale Shall Put Thee Down


Section l. The Secretary of the
Interior Is hereby authorized, to
drain. by the construction of bitches
and such other works as NAV be
found necessary. the swamp lands on
Indian Reservations. Such work
shall be done by contract to the low
est bidder. and the cost of such
works shall be added to the price of
the uDentered. vacant lands in each
separate drainage district on such
reservation: provided that the Moose
River and the Mud Lake districts on
the Red Lake Reservation shall be
consolidated for drainage purposes.
The drained. unentered lands shall
hereafter be DISPOSED of at price
covering all Of the cost of such
works and in the same manner and
on the same terms as lands ale now
disposed of on Irrigation projects.
and under such rules and regulations
as the Secretary NAV ditrect.
Section 2. All such works and
bitches shall be made under the
direction of competent engineers
with a view to benefit the settlers on
surrounding lands bv giving an off,
fall for them to drain their own
lands into such bitches. After first
making proper surveys. the Secre-
tary is directed to begin such work
as soon as the surveys in any drain
age district shall show that the cost
Of such works shall not exceed five
dollars per acre for the lands to be
charged.
Section 3. That all moneys which
are now in the treasury. or shall
hereafter come into the treasury. be-
longing to the Indians OF any re-
servation. and not needed for
annuities or supplies. shall be avail
able to carry out this work on such
reservation; provided. however. that
such moneys shall be returned to
such fund as fast as the lands are
sold and paid for.
Section 4. All acts and parts of
acts in conflict with this act are to
that extent. hereby repealed.
Petition-We. the undersigned
settlers on the Red Lake Indian Re-
servation aud surrounding country.
Respectfully Petition and pray our
Honorable Congress to enact the
foregoing bill into law.
After this petition has been signed
return it to A. W. CLARK. Presi-
dent. Reservation. Settlers Drainage
Association. Fran. Minnesota.
is THE SO-CALLED VOLSTEAD
Law UNCONSTITUTIONAL?
The Settlers Claim that it is.
Sec. I-of this law provides:
"That all lands in the state Of
Minnesota. when subject to entry.
and all entered lands for which final
certificates have not been issued. are
herebv declared to be subject to all
of the provisions of the laws Of said
state relating to, the drainage or
overf1OWed lands for AGRICULTURAL
purposes to the same extent and in
the same manner in which lands Of a
like character held in private owner
ship are or NAV be subject to said
laws"
Sec. 2 provides that the cost of
drainage shall be eouitably apDor-
toned among all the lands. entered
and unentered. Then the bill goes
on and directs the state how to make
those charges &c.
Our Defense:
The United States cannot delegate
powers it does not possess. The
Homestead laws provide: Sec. 2296.
K. s.. "No lands acquired under the
provisions of this chapter shall IN
ANY EVENT become liable to the
satisfaction of any DEBT contract
ed PRIOR to the ISSUING OF of
the PATENT thereof"
The law ATTEMPTS to make new
conditions AFTER the FACT. and
is. therefore. an Elk Post Facto Law.
and Unconstitutional.
Very Respectfully.
A. w. CLARK.
Pres. Res. Set. Drainage Assn,
Fran. Mimi.
"When once established. the status
quo of an entry cannot be disturbed
as long as the entryman complies
with the Homestead Laws"