The daily star-mirror. (Moscow, Idaho) 1911-1939, 1919-01-11
MAYOR 7RU|TT DEFENDS HIS
CRITICISM OF GEM DISTRICT

tion of Judge Warren Truitt relative
to the $4,000 land dealvin regard to
which there has been much discussion
ever since the supreme court declared
the legislative act with reference to
the lands involved a violation of the
state constitution. In a recent issue
of this paper, Judge Truitt set forth
the injustice done by the act to the
people of the state, and his statement
was replied to by Former Director of
Farm Markets Bureau Harvey Alfred,
whose lengthy letter appeared in the
contribution box of the Star Mirror.
Editor, Star-Mirror, Moscow, Idaho.
The judges reply to that follows:
Dear Sir: Mr.. Harvey Alfred,
speaker of the house of representa-
tives of the fourteenth session of the
Idaho legislature, has recently given
to the Idaho press a letter criticising
my review Of the act which attempted
to abrogate the constitution by giving
away the endowment state lands To-
Gated in the Gem Irrigation District,
| Owyhee county, Idaho, and which, by
a recent decision of the supreme court
was declared to be in conflict with
the constitution of Idaho and void.
1t is not cause for wonder that
Mr.. Alfred should attempt to justify
the legislature for enacting a law so
clearly unconstitutional, as no doubt
exists but the spacious reasoning of
the then speaker, which is apparent
in his communication to the press,
won the sympathy of the members;
especially as the bill provided that
the lands should be sold at public
auction as provided by law; and it is
but fair to presume that it was taken
for granted by the members that the
land board would sell the land as pro-
vided by Sec. 8, Article 9, of the con-
stitution, limited by the direction of
Sec. 6, Chapter 1852, of the session
laws of 1915, (see page 359) Sin such
manner as will secure the maximum
possible amount therefor" but in
stead of complying with this business
lands were advertised for sale in
tracts of $40 acres land that too in
a local paper with so limited cir
culation that not one person out of
every thousand Of even Idaho citizen
ship, knew that a sale was to be made.
believe and the general public be-
lieves, that the prime object in Of
fering the land for sale in such large
tracts was to exclude bidders of limit
ed means, of whom there are thous-
ands who would gladly accept the op-
portunity of buying 40 acre tracts,
and paying many times the minimum
price at which it was planned to be
delivered to municipal corporation
Mr.. Alfred states that I was late in
voicing my disapproval of this trans
action, which is no double true; for
the reason that | in common with
thousands did not know of either the
legislation or sale until our attention
was called to the matter by the re-
cent decision of the supreme court.
While we are considering the ques-
tion of delays, | would be grateful
to Mr. Alfred if he would explain why
he has not, long since, acted upon
the information which he claims to
possess, that the appropriations made
by the 18th and 18th sessions of the
Idaho legislature, approximately S61,-
POP, were illegally diverted, and were
not expended as the acts provided
''for the purpose of aiding in the
reclamation of state land" but merely
for the purpose of meeting a just
demand of the district.
Such diversian, if made as stated
by Mr.. Alfred, was most reprehensible
from the fact that the act of the 18th
session which donated the $46, ,492.07
for the purpose of reclaiming state
lands, provided as follows:
"Sec. 3. The governor, the state
land commissioner and third person
to be selected by the two herein NAM
ed, shall constitute a commission to
be known as the Gem Irrigation Dis
trict Commission" Sec A, of the
same Act provides as follows:
"Sec. a. Said commission shall
nave charge of the expenditure of
said fund and, all moneys from said
fund shall be expended for the spe-
,ific purpose of supplying water for
the irrigation of the lands within
said district, such as the purchase of
electrical energy, supplies necessary
or the operation of the works of said
district, the payment of the wages
ind salaries of the operatives, officers
md employees and such other items
# general maintenance incident to
he delivery of water as shall be ap-
,roved and ordered by such commits
ion: PROVIDED, That no part of
uch fund shall be expended for pay
nent of outstanding warrants or OF
incurred prior to the
ime of the enactment of this law"
I respectfully refer the present
.overnor, and the members of the
legislature now in session to Chapter
81 of the session laws of 1915, pages
So and 359, and suggest that action
e taken to recover such money as
lay have been unlawfully diverted by
he Gem Irrigation District commits
ion. Mr.. Alfred having been a quasi
lember of the offending administra-
ion may have knowledge of part
f what he writes, and if so an in
is in order. | also predict
nat an investigation will reveal that
the assertion Of Mr..
Tired that the taxpayers have not
cen required to the meet the APP
ropriation of $96,670 illegally made
) a gift to the Gem Irrigation Dis
.ict it will be found that such ap-
ropriation has been included in the
eneral tax levy and has been col
cted from the tax payers, and as |
in my former letter on this
CONTINUED on page 6.