Evening capital news. (Boise, Idaho) 1901-1927, 1916-04-13
ANOTHER PROTEST
AGAINST BUILDING
THE hACkAY DAN
'Woman's Club Sends Com
munication to the State
Land Board and Ask That
Members Visit Them.

n0 WOuld1l . SAuO "a ~hevS<>UJ AAs~s
alIed with the state board Of land COM
missioners another protest against
the building OF the Mackay dam above
the town Of Mackay. 1t Ia as follows:
Board Of state Land Commissioners,
Boise. Idaho.
Honorable Members: We are In re-
ceipt Of three letters, each enclosing a
copy of the resolutions passed by the
Idaho board OF land commissioners on
March 16, 1915. These letters and their
enclosed copies are from the governor
Of Idaho, the secretary of the state
and the state register. respectively.
we wish to acknowledge these COM
munications and all courtesies therein
contained; also, the concessions per-
hitting the citizens of Mackay to have
the privilege of appeal to the state en-
gineer and an engineer selected by
themselves, on the safety of the plans
and specifications Of the Big Lost Riv-
er Carey act project: being aware that
the law permitted us the former privi-
1ege, anyway.
But. we cannot accept those resolu-
tions of March is, 1916, in their en-
tirety, without further protests. as fol-
lows: In your resolutions of March
16, 1915, we find this statement, That
the situation in regard to the construc-
ton Of the Mackay dam Is misunder-
stood by that organization. (The Wo-
mans Club Of Mackay)
Do Not Misunderstood.
We do not misunderstood the situa-
ton of this dam above Mackay in the
least, nor do we misunderstood Gov
~ o
to sign the contract as presented to
the Idaho board of land commissioners
by the Utah construction company, for
signature Monday, Feb. IA, 1915. Gov
ernor Alexander was within the letter
of the law on the subject at least
whatever may have been his Interior
reasons. u
We also think we have a right and
fair understanding of why the Idaho
board of land commissioners passed
the resolution of July. 3, 1915. We
credited you with the very laudable
impulse of desiring to respect, abide
by, and uphold the laws of Idaho,
whose public officers you were and are.
According to section 154a, laws of
the state Of Idaho relative to public
waters, water fights and irrigation,
compiled under an act of legislature
approved March 16, 1915, wherein it
distinctly reads that all plans and spe-
cifications of any such structure, to
exceed the height of 10 feet sha, be
submitted to the state engineer for
investigation as to its safety, etcetera,
we do not know that this had been
compiled with at the time that you
signed the contract permitting the
Utah Construction company to COM
plete the Big Lost River Carey act
project.
Right here, we maintain that your
action OF Feb. IA. 1915. conflicts, both
with the above mentioned section of
law, and with your own honorable rul-
ing OF Friday, July 9. 1915, which reads,
that the proposition of the Utah Con-
struction company for the completion
of the Big Lost River carey act pro-
ject be accepted whenever the propos-
ed plans shall have been fully approx
ed by the state engineer" etcetera.
Prior to Feb. IA, 1916, and, at that time,
had you received any notification from
the state engineer that he had exam
ined the plans for this Big Lost River
Carey act project, and had approved
the safety Of the same. as implicitly
provided for by the law?
Points Out Error.
We know, also, that prior to and at
the time which you signed the con-
tract, February IA, 1915, the citizens
of Mackay had not been notified to re-
tain the services of an engineer to
pass upon the plans Of the Utah Con-
struction company's proposition for
completing the Big Lost River Carey
act project. On that word whenever,
in your resolution of July 9, 1915.
hangs the error of your signing the
contract as you did on Monday, Feb.
II, 1915, Tin our opinion).
In our protest to you OF March is.
1915. we requested you to reconsider
on the above mentioned point and also
called your attention to another injus-
tice in the contract as signed Feb. IA,
1915. The point just mentioned Is this.
from clause in contract of Feb. IA,
1915: THE plans and specifications and
details for the construction Of the
dam. reservoirs, canals. headsates.
weirs. ETC.. SO far as the same are not
covered by the specifications contain
ed In schedule A, heretofore attached,
shall be submitted to the state engin-
SSA AOi hiS dppIOsdl prior 10 IurIner
construction of any of said works,
with the right Of appeal by the said Sc
cond party (the Utah Construction
company from his decision, to the
state board of land commissioners and
the work when completed. shall be in
accordance with the specifications as
finally decided upon"
We think, we feel assured. that in
the hurry and vast amount OF matter
presented to you for consideration,
Feb. IA. 1916. you may have over
looked the exact wording of this
clause, just mentioned. and how It
conflicts with the law In the right of
appeal by the said second party after
the state engineers disapproval. The
law reads: Whenever any party shall
feel themselves aggrieved by the de-
termination of the state engineer in
refusing to approve any plans or spe-