Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-07

excess of their cost of reclamation shall
be held as a trust fund for, and be
applied to the reclamation of other
desert lands in such state"
1t seems clearly to have been the in
tention of congress, therefore. that this
Carey act trust fund shall be used for
the reclamation of desert lands in the
state, other than those from whose scle
this fund has been derived, and 1t is
very questionable in my mind whether
the courts would hold that the pay
ment of salaries and attendant ex-
penses of a Carey act commission
could be properly construed as the
payment of expenses incurred in the
reclamation OF desert lands within the
state. While the general government
has never checked up in any way upon
the use made by the different states of
this fund, it is not improbable that
such an action will be taken in the
rear future. and ruling on this point
secured, which Will set at rest all q,les-
tons as TO the proper use of this fund.
In view. therefore, of these impor-
tant considerations, and of the further
fact that the present administration
was elected upon it's promise to give
the people of the state a strictly bust
ness administration Of their affairs, /
am inclined to advise against the Gre
alton by you at this time of a Carey
act commission. AS one member of the
land board ] fully intend to pass upon
all questions submitted with the sole
idea of doing absolute justice as be-
tween the settlers and the irrigation
companies, wholly without regard to
the possible political effect of my vote
upon me or any other member of my
party. | shall do everything possible
To exclude political considerations from
the decision of these purely business
problems. | shall advise that the par
ties interested submit their contro-
versies in a purely business manner
without involving legal argument or le-
gal technicalities as to how certain
contracts might or should be construed.
shall insist that the guiding principle,
in all such questions as may come be-
fore the board. should be a determin-
alton to decide fairly and honestly be-
tween the interested parties with the
purpose of carrying into effect, with
out undue hardship, the real intention
Of such parties at the time their par
tjcular contract or agreement was con-
sunmated. If all this can be accom-
plished. and I intend to see that IL is
accomplished, the creation of a Carey
act commission will be unnecessary.
Ownership Of Lands in Idaho by Aliens.
Section 2609, revised codes of Idaho
prohibits the ownership of land, or the
acquiring of title thereto, by any per-
son other than citizen of the United
States, or one who has declared his in
tention to become citizen 1t also pro-
hibits the ownership of such land, or
the acquiring of title thereto by any
association or corporation except rail
road corporations, where the members
thereof are not exclusively citizens of
the United States, Or persons who
have declared their intention to become
citizens. Mining property and the land
necessarily used in the operation of
mines are excepted in both the above
cases.
The provisions of this section are not
in harmony with that spirit of interna-
tional comfy which prevails at the /
present time between our country and
the other countries of the world Its
operation is also known to have pre-
vented. in the last year. the settlement
within our borders of many people who
would have made excellent citizens.
and who would have brought with
them, for the purpose of celonizing
lands in this state, a great deal of cap !
ital, which is badly needed. 1t has
thus served to deprive the state of the |
benefit of valuable investments, and to
prevent the settlement amongst US of
people who would eventually have de- |
veloped into excellent citizens. This |
section of the codes might well be re-
pealed
Improvement Districts for Clearing
Gut Timber Lands.
The northern part of our state pre-
sents a question of vast Importance in |
the matter Of clearing off and prepa--
ing for cultivation the eut-ove timber
lands of that section. II has been
found by past experience that the cost
of retaining such land is so high that
the individual settler is usually able
to make but slow progress in prepar-
ing the same for cultivation. The
question has been raised as to whether
or not districts might be created. ana
the lands included therein cleared with