152 



COLORADO. 



and by virtue of holding shares, and partly by 

 purchasing the same, to each his share pro rata 

 according to the amount he, she, or they (in 

 cases in which several consume water jointly) 

 shall be then entitled, so that all owners and 

 purchasers shall suffer from the deficiency aris- 

 ing from the cause aforesaid, each in propor- 

 tion to the amount of water which he, she, or 

 they should have received in case no such de- 

 ficiency of water had occurred." Restrictions 

 and penalties are prescribed against one caus- 

 ing impurity to the water, as it is the meaning 

 and intent of a portion of the law, u that all the 

 streams, ditches, reservoirs, lakes, and water- 

 courses of every kind in the State shall be kept 

 pure and clean, and fit for household purposes : 

 provided, however, that nothing shall be con- 

 strued to prevent any person from discharging 

 the contents of any sluice, flume, quartz-mill, 

 or other works for mining or saving mineral 

 products into any natural stream." The irri- 

 gation districts are defined, and provision is 

 made for the formation of others by the Gov- 

 ernor on the application of individuals. In each 

 district water commissioners are to be appoint- 

 ed, whose duty it is "to divide the water in 

 the natural stream or streams of their district 

 among the several ditches taking water from 

 the same according to the prior rights of each 

 respectively ; in whole or in part to shut and 

 fasten, or cause to be shut and fastened, by 

 order given to any sworn assistant sheriff or 

 constable of the county in which the head of 

 such ditch is situated, the head-gates of any 

 ditch or ditches heading in any of the natural 

 streams of the district, which, in a time of 

 scarcity of water, shall not be entitled to water, 

 by reason of the priority of the rights of others 

 below them on the same stream." All litigated 

 questions of priority of right, etc., are to be 

 brought before the county district court, to 

 which is given full and exclusive jurisdiction 

 of all cases lying wholly within the county. 



The following memorial, prepared and pre- 

 sented in the House, although not passed, prob- 

 ably indicates the manner in which irrigation 

 may hereafter be accomplished : 



To the Honorable the Senate and House of Represen- 

 tatives of the United States of America in Congress 

 assembled : 



Your memorialists, the Senate and House of Rep- 

 resentatives of the State of Colorado, most respectfully 

 represent : 



That the portion of this State lying east of the Eocky 

 Mountains, by reason of its extreme aridity 3 is wholly 

 incapable of successful agriculture without irrigation. 

 That the soils of this section, when placed under ar- 

 tificial water supply, possess most remarkable quali- 

 ties of productiveness. 



That the agriculture of the State is now confined to 

 the valleys of the water- courses, where the construction 

 of irrigating canals is comparatively inexpensive, and 

 that it will remain so confined unless a more extensive 

 system of irrigation can be established. 



_That the construction of a system of irrigation which 

 will fully meet the demands of the State in putting 

 these lands into a condition for successful occupancy 

 will be too expensive for either individuals, private cor- 

 porations, or the State Government without foreign aid. 



That immigration to the West is continually increas- 

 ing ; that the public domain subject to the homestead 

 and preemption laws outside the arid regions is already 

 comparatively exhausted; that the immigrating agri- 

 culturist is unable to avail himself of the benefit of 

 these beneficent laws because of his financial inability 

 to construct adequate irrigating canals to render the 

 arid lands inhabitable. 



That for the reasons set forth these lands will remain 

 unsold and therefore useless to the General Govern- 

 ment unless made available as above indicated. 



That also without some aid in the premises the vast 

 mineral resources of the State will of necessity remain 

 in comparative undevelopment. 



The policy of the United States has always been one 

 of liberality toward internal improvements. Large 

 tracts of swamp-lands have been generally donated to 

 different Northwestern States, wnich have been re- 

 claimed to the husbandman through the instrumen- 

 tality of the State governments. Lands have been 

 donated for the construction of canals, railroads, and 

 other purposes. That the aid here asked is an abso- 

 lute necessity to the State, that her mining interests 

 may be developed and that her area east of the moun- 

 tains can be utilized. 



Therefore your memorialists would respectfully pray 

 your honorable body to enact a law, under such con- 

 ditions as may seem just and proper, donating to the 

 State of Colorado all the lands within her boundaries 

 now belonging to the United States (except those desig- 

 nated as mineral) for the purpose of constructing a 

 system of irrigation adequate to reclaim said lands 

 from their present unfruitfulness. 



In the Senate a bill was introduced to pre- 

 scribe an intelligence qualification for voters. 

 The remarks of a few speakers illustrate the 

 manner of its reception. Mr. Rhodes opposed 

 it, and thought it came with poor grace from 

 the Republican side, which had advocated con- 

 ferring suffrage upon 3,000,000 of blacks who 

 could not read and write. He had known as 

 intelligent men as there are in this body, who 

 knew as much about government and politics 

 as any of them, but who can not read or write 

 a word. Mr. Wolcott of Clear Creek moved 

 to refer the bill to the Educational Committee, 

 but the motion was lost. Mr. Rhodes con- 

 tinued that if the State of Georgia were to pass 

 a bill that no negro who could not read and 

 write could vote, every Republican organ in 

 the land would denounce it as an outrage. Mr. 

 Helm said no Republican organ would com- 

 plain if the State of Georgia were to pass a bill 

 like this, making it applicable to- both whites 

 and blacks ; but if they made it applicable only 

 to negroes, it would not be right, and there 

 should and would be a howl. Mr. Barela rep- 

 resented a good many people who can not read 

 and write, and he desired to see them educated; 

 but he would not vote against this bill on gen- 

 eral principles. Mr. Webster said in introdu- 

 cing the bill he had no thought but to advance 

 the cause of education, and hoped the bill 

 would meet a ready response in the hearts of 

 every member. Mr. De France said there were 

 universal principles lying at the foundation of 

 our government which are infringed upon by 

 this bill. This is a step in the direction oppo- 

 site from that which was cherished by the 

 founders of our government. He favored edu- 

 cation as much as any man, but believed in an. 



