Arizona republican., 1916-11-04
Judge Kibbey's
 Speech


 (Continued from Page Ten) word of which I wrote myself. There are one or two articles in there, article I3 l remember particularly was the pet and favorite child of my friend MT. Dwight B. Heard He wanted to be doubly sure of that of which I was certain. and l didn't make any objec- tion to it. There was another article in 1t with which I had nothing to do because l did not think it would be of any use to the people of the valley, and that Is article g, providing for the division of this irrigation district into a number of canal divisions. and 1t never has been done.
 Land Owners Get Toqether
 After the execution of these articles of incorporation, twelve or fifteen hundred of the land owners of this val ley became members of that corpora. ton and then we went to the govern ment of the United States At that time Ethan A. Hitchcock was the Sec retary of the Interior. and Dr. Charles D. Walcutt was the Director of the Geological Survey, which division was charged with irrigation matters. It afterwards became a separate bureau. We were peculiarly concerned with the Salt River project and the one at Yuma known sthe California Arizona pro- ject.
 4 Tiny Foundation.
 IL was intended by that law that it's benefits should be applicable only to the public lands, and not to such val ley as ours. By the energy of some of our citizens who had been sent there among them Mir Heard and Mir. B. A. Fowler who was until recently a citizen of this valley. and with the aid of Mir George H. Maxwell. a man to whom this valley is greatly indebted. there was inserted somewhat crudely. but en- tirely effectually, as the results show a provision that the Secretary. of the Interior might sell water rights to the owners of land that had already been patented: and on that little short pro- vision-not taking over a line and a half in that law-has been built the entire irrigation enterprose of this val ley.
 A Disappointing Decision.
 Without 1t, we could not have sue ceeded. But right after that in sertion we were confronted with what seemed to be q fatal objection The ad- wiser of the Secretary of the Interior way back in 1902 or 1903. decided thai the benefits of the National irrigation law could not he made applicable to this valley because. as he said, 1t was in tended simply for the benefit of public lands, and only incidentally to those ir private ownership.
 The situation here was that eighty or ninety or more per cent. of the land. in this valley were already in private ownership and that only a small pro- portion of the public lands could b, made available for use by the Reclama' ton project and that, therefore, thi' was peculiarly a private ownership proposition, and, therefore. not swithir the prov isioDs of the law.
 No Cutters Those Days.
 We were somewhat discouraged. bu We did not quit. The distinguishes lawyer. the adviser of the Secretary O the Interior. at that time was non other than Judge Van Deventer, wh decided against us; but by some happ accident, he was promoted to anothe field. and today the man who decide against us, as 10 the applicability O the National irrigation law, is one c the justices of the Supreme Court of tn United States. How narrow an escap that was you can only appreciate whe say to you that had he been then upo the Supreme bench of the United State and the case had gone to that court, would probably have been held that thi irrigation law was not applicable.
 A Day and Night Job.
 These gentlemen constituting thi committee employed me as their legs adviser. and we worked night and da, We worked behind closed doors and secret sessions. We did not hold tow meetings, because it is a little difficu to transact business at town meetings but we devoted our time and our energ and we sent men to Washington, and went to Washington myself at their re quest, and finally we got the approv; of the Secretary of the Interior, Etha A. Hitchcock. that it could be made aT piicable 10 the situation in this vale am passing over these things hasfil Those of you who took no part in the' earlier fights to make that Reclamatio act applicable to this valley can appr' ciate the difficulties that there were our way-you can not begin to appr' ciate the anxiety under which th' committee worked constantly. Son of them are here. Mir. Heard. here ( the platform. can remember how da after day and week after week ar month after month we tried to fit thi in some such shape that the Interr Department might say: "Yes. you ca have the benefit of It."
 The Final Condition.
 Arthur r. Davis one of the enginee of that Department, came over fro Denver after we had submitted oi