East Oregonian : E.O. (Pendleton, OR) 1888-current, 1908-05-29

and what are unappropriated waters.
Some more convenient method should
be determined whereby the rights Of
claimants on a stream could be as
certained, or evidence perpetuated
during the lifetime of the witnesses to
such claims. Any system will tenn
porarlly prove expensive, a portion OF
which should be borne by the state,
for 1t will be for the general good, by
which the state at large will be bene-
fitedl In fact the constitution should
be amended to permit separate,
more convenient and less expensive
system of adjudication of such rights.
A Special Tribute.
A special tribunal should be created
to try, that class Of disputes with such
other matters as may be incidental
to them, one of the members OF
which should be person fully versed
and experienced in irrigation and civ
II engineering. The right Of appeal
should be given. 1t is true, but not
from the findings of fact, but upon
the law applicable to the facts
The administrative system should
be such that when the rights of the
people in a community are determin-
ed, a person with sufficient police
powers could be selected and placed
in charge as would enable him to en-
force such rights without the neces-
sity of resorting to the slow and
cumbersome method either of dam
| age suits or by contempt proceedings.
| Under our present system, II man
steals from you SO horse he Is sub
ject to imprisonment for 10 years;
but II he steals the water from your
irrigation ditch, causing you to lose
/ a $1,000 dollar crop, you can await a
session Of circuit court, to convene
probably six months later, when you
can sue for damages and secure, per-
haps, worthless judgment or in some
| instances have the offender fined a
few dollars for contempt Of court and
told to do so no more. Many infirm-
tiles in our present system could be
pointed out. but l will pass on.
In recognition of the reclamation
act, and with a view to the aiding OF
the contemplated projects under it,
three years ago some legislation was
enacted in this state. The office of
state engineer was created, but the
powers granted are few. A most ca
pable person was appointed to fill the
| office, and within the three short
years he has held the position the
valuable services rendered by him
have fully demonstrated the wisdom
of this official department of our
state.
The Irrigation Code.
At the last session of the legisla-
ture, additional legislation was at
tempted. An irrigation code was pre-
pared with much care and carefully
considered by various committees,
| representing the different irrigation
interests and recommended by the
governor in his message, but 1t was
defeated, due to the activity of those
who always fear that an ylegislation
which will result in the greatest good
TO the greatest number will impede
the progress made looking toward the
monopolization of irrigation and wa
ter powers of the state. Some one
has said "glve me all the money of
the world and / will own the people
of the world"
But 1t might be added, with equal
force "give me control of flowing
streams water powers and power sites
and l will own the land of the world,
its people and their homes" This
system OF monopoly was well under
stood centuries ago. History tells us
"of valley belonging to the Persians
where by reason of the closing of the
five defiles in the mountains through
which the streams flowed, that were
used for the land of the valley dried
up and became unproductive; that
after the people had beseeched the
king and paid tribute the gates of the
defiles were opened at certain times
for the irrigation of crops"
In this state the forces that would
have all pay tribute were, and still
are. determined that any legislation
looking toward the control of the wa
ter by the people and home builders
should be defeated.
BY the aid of members selected on |
account of their political affiliations, |
without reference to their apprecia-
ton of the fact that they should ia
vor such legislation as would be most |
conducive to the interests of the whole |
people, the much needed irrigation |
do it0 Rpf a
jority of the legislature been made
of the material these from Umatilla |
county. the bill would have passed, !
especially II all had worked as faith |
fully as did Cole and Barrett; but the
code met its defeat, not at the hands
of those from eastern oregon, but
from that section of the state where
irrigation is not in use, like parts Of
the Willamette valley, where their
bitches drain swamps in place of be-
ing used for irrigation. Under such
condition of affairs the government
is to a great extent embarrassed In
its other commendable localities in
this state.
Although out state has, through the
sale of public lands sold within its
borders, furnished more money to the
reclamation fund than any other state.
yet we are, and will continue to be,
estopped to complain that our pro
rata has not returned, and until we
can take a more forward step in ir-
rigation legislation, or until we can.
at least, be placed on an equality in
this respect with our neighboring
states of Idaho and Nevada.