1908 



DRAINING THE SWA^^IPS 



209 



However, the constitution is some- 

 times a serious stumbling block to the 

 carrying out of good policies, as it is 

 a safe-guard against the consumma- 

 tion of bad ones. 



There are many, nevertheless, who 

 believe that both irrigation and drain- 

 age of private lands by Federal agency 

 is a constitutional privilege, if not a 

 duty, of the General Government. 

 Senator Newlands puts it, that drain- 

 age considered broadly is an inter- 

 state afifair in its direct effects, because 

 it influences the flow of interstate 

 rivers ; a disturbance of the conditions 



trend of the times seems to be to ac- 

 cord more power to the state than 

 heretofore, and to take into considera- 

 tion broadly the question of general 

 welfare. For instance, the Supreme 

 Court of the State of Maine handed 

 down an opinion during the month, 

 that the State Legislature had a right 

 to prevent forest destruction or waste 

 on private lands. If a legislative body 

 has such a right and power to go on 

 to privately owned lands — and the 

 opinion calls attention to the fact that 

 all lands are originally derived from 

 the State — and girevent the owner 



Swamp scene in Dugdemona Bottom, Louisiana 



of run-off or drainage in any one lo- 

 cality must affect other localities wide- 

 ly separated, and in the case of drain- 

 age on a large scale the changes 

 caused would be very great. Yet even 

 aside from this phase of thei-qu'estion, 

 the projects and commodities from 

 drainage reclamation would enter in- 

 to interstate commerce ; and the Sen- 

 ator holds that upon this broad ground 

 alone the Nation would be warranted 

 in prosecuting the work. 



Various other good constitutional 

 lawyers have stated their belief in the 

 constitutionality of such work. The 



from wasting his timber, a natural re- 

 source, in the interests of the general 

 welfare, it should similarly have a 

 right to go upon private waste lands 

 and make them productive. The fact 

 that in irrigation, as well as in the pro- 

 posed drainage construction, the cost 

 of the Government work is returned 

 to the Government, removes the ob- 

 jection of many legislators who look 

 with disfavor upon annual appropria- 

 tions for internal improvements, the 

 benefits from which come back to the 

 Government only indirectly. 



