The daily sentinel., 1909-09-18

I the STATE III NnlCn any particular
tract of such land was TO be found
and the constitution. therefore, makes
no provision for national control
| of the arid regions or their reclama-
| tion. But, as our national territory
has been enlarged, we have within
our borders extensive tracts of arid
lands which ought to be reclaimed.
and it may well be that no power is
adequate for their reclamation other
than that of the national government.
| But, If no such power has been grant
ed, none can be exercised
1t does not follow from this that
, the national government is entirely
| powerless in respect to this matter
| These arid lands are largely within
the territories and over them, by vir-
tue of the second paragraph of sec
tion of article A, heretofore quoted,
or by virtue of the power vested in
the national government to acquire
| territory by treaties congress has full
power of legislation. subject to no re-
strictions other than those expressly
named in the constitution, and, there
fore, it may legislate in respect to all
arid lands within their limits. As TO
those lands within the limits of the
states, at least of the Western states,
the national government is the most
considerable owner and has power to
dispose of and make all needful rules
and regulations respecting its prop
erty. We do not mean that its legis-
lation can override state laws in re-
spect TO the general subject of recla-
nation. While arid lands are to be
| Western and newer states. yet the
found mainly, if not only. in the
| powers of the national government
within the Limits of those states are
| the same tno greater and no less
than those within the limits of the
| original thirteen, and il would be
strange if. in the absence of a def
mite grant of power, the national
government could enter the territory
of the states along the Atlantic and
legislate in respect TO improving, by
irrigation or otherwise. the lands
within their borders Nor do we
understand that hitherto congress has
acted in disregard to this limitation. -
And, thereafter in the decision the
court points out the recognition of
the principle of control by the states
in the act of congress of June II.
1902. tthirty-two statutes at large.
SSSl wherein the secretary of the
interior is expressly directed to pro-
fere with the laws of any state or
territory. and the court summarizes
the situation further by saying:
! But it is useless to pursue that
inquiry further in this direction. 1t
is enough for the purposes of this
case that each state has full jurisdic-
tion over the lands within its bord-
ers. including the beds of streams
and other waters" citing large
number of cases
| The editor will perceive why the
reclamation service is not anxious to
ask congress for an appropriation for
| the continuance or extension of the
policy of reclamation of public lands.
4 II might be that if congress made any
| further appropriations the constitu-
| tional question would be raised by
others, as it already has been by so
good a lawyer as Secretary Ballineer
There is evidently a desire on the
part of the executive officers of the
general government to permit. if pos
sible, the present reclamation projects
to be worked out to a practical re-
suit. whereby the money already eY-
pended and the work accomplished
shall not be lost. and il would not be
violent assumption that no one
would welcome the enforcement at
this time of the constitutional ques-
tion because it would appear as if the
attitude of the supreme court of the
United States should the concrete
question be brought before it. has
already been established
Much more might be said upon
this topic which is difficult TO treat
within the limited scope of com
munication such as this Sincerely
yours,
FRANK M'DONOUGH. SR.
Half fare to Denver and return via
the Midland route