CONGRESS. (CHINESE EXCLUSION.) 



185 



least one-half of the total irrigable area of his 

 entry for agricultural purposes, and before re- 

 ceiving patent for the lands covered by his entry 

 shall pay to the Government the charges appor- 

 tioned against such tract, as provided in section 

 4. No right to the use of water for land in 

 private ownership shall be sold for a tract ex- 

 ceeding 160 acres to any one landowner, and 

 no such sale shall be made to any landowner 

 unless he be an actual bona fide resident on such 

 land, or occupant thereof residing in the neigh- 

 borhood of said land, and no such right shall 

 permanently attach until all payments therefor 

 are made. The annual instalments shall be paid 

 to the receiver of the local land-office of the dis- 

 trict in which the land is situated, and a failure 

 to make any two payments when due shall ren- 

 der the entry subject to cancelation, with the 

 forfeiture of all rights under this act, as well as 

 of any moneys already paid thereon. All moneys 

 received from the above sources shall be paid 

 into the reclamation fund. Registers and receiv- 

 ers shall be allowed the usual commissions on all 

 moneys paid for lands entered under this act. 



" SEC. 6. That the Secretary of the Interior is 

 hereby authorized and directed to use the recla- 

 mation fund for the operation and maintenance 

 of all reservoirs and irrigation works constructed 

 under the provisions of this act: Provided, That 

 when the payments required by this act are made 

 for the major portion of the lands irrigated from 

 the waters of any of the works herein provided 

 for, then the management and operation of such 

 irrigation works shall pass to the owners of the 

 lands irrigated thereby, to be maintained at their 

 expense under such form of organization and 

 under such rules and regulations as may be 

 acceptable to the Secretary of the Interior: Pro- 

 vided, That the title to and the management and 

 operation of the reservoirs and the works neces- 

 sary for their protection and operation shall re- 

 main in the Government until otherwise provided 

 by Congress. 



" SEC. 7. That where in carrying out the pro- 

 visions of this act it becomes necessary to ac- 

 quire any rights or property, the Secretary of 

 the Interior is hereby authorized to acquire the 

 same for the United States by purchase or by 

 condemnation under judicial process, and to pay 

 from the reclamation fund the sums which may 

 be needed for that purpose, and it shall be the 

 duty of the Attorney-General of the United 

 States upon every application of the Secretary of 

 the Anterior, under this act, to cause proceedings 

 to be commenced for condemnation within thirty 

 days from the receipt of the application at the 

 Department of Justice. 



" SEC. 8. That nothing in this act shall be con- 

 strued as affecting or intended to affect or to in 

 any way interfere with the laws of any State 

 or Territory relating to the control, appropria- 

 tion, use, or distribution of water used in irriga- 

 tion, or any vested right acquired thereunder, 

 and the Secretary of the Interior, in carrying 

 out the provisions of this act, shall proceed in 

 conformity with such laws, and nothing herein 

 *hall in any way affect any right of any State 

 or of the Federal Government or of any land- 

 owner, appropriator, or user of water in, to, or 

 from any interstate stream or the waters thereof: 

 J'rurided, That the right to the use of water ac- 

 quired under the provisions of this act shall be 

 appurtenant to the land irrigated, and beneficial 

 xise shall be the basis, the measure, and the limit 

 of the right. 



K" SEC. 9. That it is hereby declared to be the 

 aty of the Secretary of the Interior in carry- 



ing out the provisions of this act. so far as the 

 same may be practicable and subject to the ex- 

 istence of feasible irrigation projects, to expend 

 the major portion of the funds arising from the 

 sale of public lands within each State and Terri- 

 tory hereinbefore named for the benefit of arid 

 and semiarid lands within the limits of such 

 State or Territory: Provided, That the Secretary 

 may temporarily use such portion of said fund's 

 for the benefit of arid or semiarid lands in any 

 particular State or Territory hereinbefore named 

 as he may deem advisable, but when so used the 

 excess shall be restored to the fund as soon as 

 practicable, to the end that ultimately, and in 

 any event, within each ten-year period after the 

 passage of this act, the expenditures for the bene- 

 fit of the said States and Territories shall be 

 equalized according to the proportions and sub- 

 ject to the conditions as to practicability and 

 feasibility aforesaid. 



" SEC. 10. That the Secretary of the Interior is 

 hereby authorized to perform any and all acts 

 and to make such rules and regulations as may 

 be necessary and proper for the purpose of car- 

 rying the provisions of this act into full force 

 and effect." 



Chinese Exclusion. A bill "to prohibit the 

 coming into and regulate the residence within the 

 United States, its Territories, and all territory 

 under its jurisdiction, and the District of Co- 

 lumbia, of Chinese and persons of Chinese de- 

 scent " was reported in the House of Representa- 

 tives from the Committee on Foreign Affairs, 

 with amendments, and made a special order by 

 unanimous consent March 27, 1902. The basis 

 of this measure was an elaborate bill with pro- 

 visions shaped to carry out an extreme policy 

 against the Chinese, and submitted by the Cali- 

 fornia representatives. Mr. Perkins, of New 

 York, set forth the points on which the commit- 

 tee had to determine upon that were new and the 

 points wherein the majority had modified the 

 measure as originally drafted: 



" I shall not, Mr. Chairman, take the time of 

 this committee in discussing the general ques- 

 tion of Chinese exclusion, because I imagine that 

 every member of this House is agreed that the 

 admission of Chinese laborers on any large scale 

 would be injurious to the laboring interests of 

 this country; but, Mr. Chairman, as was said 

 by the chairman of the committee, the problem 

 is in what way should that exclusion best be 

 carried out; and it is, perhaps, due to the com- 

 mittee in presenting to it a bill 30 pages in length 

 that we should state briefly what has been cov- 

 ered by this bill. 



" Now, Mr. Chairman, in the first place we 

 were met by this new question, and that was, 

 what should be done in reference to the Chinese 

 who are now living in the colonial possessions of 

 the United States. It was testified before the 

 committee that there were in the Philippine Is- 

 lands at least 250,000 Chinese, and perhaps very 

 many more, and Gov. Taft testified before our 

 committee that, in his judgment, the great major- 

 ity of the Chinese in the Philippine Islands would 

 gladly come to the United States if they could 

 have the opportunity. What should be done witli 

 them? It was the unanimous opinion of the com- 

 mittee that the exclusion i f the Chinese as against 

 those living in China should be extended to the 

 Chinese who live in the colonial possessions of the 

 United States, and the act provides that Chinese 

 laborers, Chinese coolies, can not come from the 

 colonial possessions to the mainland any more 

 than they can come from China to the United 

 States. That provision, Mr. Chairman, I think 



