The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1915-08-26
IDAHo's FIGHT FOR CONTROL OF
STREAMS.

The action of the Idaho Mining as
ISOLATION to contest in the courts the
ruling of the attorney general that the
federal government has control of un-
navigable streams as we'll as navigable
Is viewed with much favor by the peo-
pie Of other western states who see the
retarding influence of this radical rul-
ing upon the development of western
states. The prompt and aggressive ac-
ton of the Idaho Mining association Is
being highly commended and 1t Is
probable that similar suits will be
started In other states. Discussing
this subject the Salt Lake Tribune of
August IL has the following:
The Idaho State Mining association
viii shortly begin test suit in the
United States court In which Utah and
all the other western states are deeply
interested. The recent ruling OF At
torney General Gregory, to the effect
that the federal government can exer-
else control over the tributaries of all
navigable streams, is declared to be in
conflict with recent decision of the
court of last resort and the case will
be carried up If necessary. The SUI
preme court held that government
department could not, by initiation or
by regulation, set aside the laws of the
land.
Attorney General Gregory seems to
think otherwise, but the Idaho mining
men refuse to.submit to a department
al ruling which would deprive the state
or its control Of practically every drop
OF water within it's borders. The Greg
DRY ruling assumes that the govern
ment has exclusive control of nayiga-
Die streams whether. they are inter
state or not and their tributaries as
Well AS this is an entirely new as
sumption the Idaho State Mining as
sociation proposes, through a writ of
mandate, or a mandatory Injunction.
TO begin a case which will determine
whether or not the government can bv
assumption exercise control over nro-
perty belonging to the state of Idaho
the association has interested Sen.
ator Borah in the matter who has Civ
en- assurances of his support in the ef-
Tort to relieve the mining Industry of :
the serious handicap imposed by the
ruling OF the attorney general. This 10
very important matter and II would
De Wen for the mining men OF Utah IN
investigate and take measures to pro.
tect their interests. The trend toward
Of power is SO strong /,
Just now that unless a strong fight is |
made the states will be shorn Of the |
ast vestige Of their power.
THE Idaho Mining association also
proposes to contest the right Of the
government to withdraw the vast phos-
ohate beds In the southeastern part OF
he state from the taxable domain
which the association claims belongs to
ne commonwealth under the terms OF
he enabling act. in which congress-
provided that Idaho should be accepted
INTO the Union upon the same terms as
I'll the states heretofore admitted. The
association claims that this Is a bind !.
ng contract A decision Of the SUI
creme court win be asked in the mat
er.
Control Of the streams is a vital ,
natter in Idaho as It is in Utah and
Their states. The use Of water is es-
entail to all the industries, farmers, 6
tockgrowers and lumbermen especial 7
= and these interests win back the ID
inning association in any action taken a
lille the entire population of the state
I'll join in the fight to prevent the
ithdrawal Of the phosphate beds from n
lxation." il