THE IERIGAT10N AGE. 



411 



At the conclusion of Mr. Pardee's address, ex-United 

 States Senator Turner took the floor: 



Mr. President and gentlemen of the convention, I have 

 very rarely heard an address in a public assemblage of this 

 kind which seemed to be in such questionable taste as that 

 just delivered by Governor Pardee of California. To come 

 here immediately after the delivery of the address by Mr. 

 Ballinger, and criticise him for acts done by him under the 

 sanction of his oath of office seems to me to be unworthy 

 of this great gathering and of the position which Governor 

 Pardee has heretofore occupied in the public life of the nation. 



Governor Pardee's address follows the lines of his inter- 

 view in the morning paper, and a free translation of that 

 interview is that it is the duty of the public officials of this 

 country to act first and then investigate the law afterwards. 

 He says that was the policy of the officials under the Roose- 

 velt administration. Governor Pardee, I respectfully deny 

 that that is true. I do not yield to anybody in my admira- 

 tion for Theodore Roosevelt. I followed his administration 

 and approved of every act which he ever performed, but I 

 do not believe that President Roosevelt ever consciously acted 

 upon the proposition that he would do something first and 

 then look into the law and the constitution afterwards for 

 the purpose of seeing whether it could be justified ; and I 

 say that Governor Pardee in advocating any such a proposi- 

 tion as that is advocating something that is wholly and totally 

 incompatible with free constitutional American government. 



When one of the members of the cabinet of the presi- 

 dent of the United States is called on to act officially I say 

 that it is due to him to look at the constitution and the law 

 first and act afterwards, instead of acting first and looking 

 at the constitution and the law afterwards. 



It was not until the Thursday session that this con- 

 troversy was again thrown into the convention hall. 

 At that time, Director Smith, of the Geological Survey, 

 submitted a statement bearing upon the discussion, declar- 

 ing that he did not intend to discuss the motives of his 

 superior nor to inquire into the motives that had brought 

 about wholesale publication of misstatements on this sub- 

 ject. In his statement he further declared that wherever 

 lands had been restored to entry in April of this year by 

 Secretary Ballinger, in the following month withdrawals 

 were made amounting to 154,126 acres, and that this re- 

 duction in acreage was inspired solely to exclude from the 

 power site withdrawals, patented lands and all areas not 

 essential or useful to power development. 



In answering the statement that "most, if not all, 

 of these power sites had been grabbed," he showed that 

 the press story declaring that 15,868 acres had been 

 entered had shrunk to 158 acres when investigated. He 

 submitted conclusive evidence that there had been but 

 one filing in the Bozeman land office between the date 

 of the restoration and withdrawal order by the secretary 

 of the interior. Desultory discussion resulted after this 

 authorative statemeint had been made. Mr. Pardee en- 

 deavored vainly to fortify his position made untenable 

 by the facts as presented. 



After Gov. Pardee had intimated that his information 

 as to filings appeared more reliable than the statement 

 of the government expert, he was subjected to the fol- 

 lowing questions: 



A. C. Campbell : Governor Pardee, I understand, 

 from your remarks that you make the innuendo that the 

 Land Office records of Bozeman have been altered or 

 falsified? 



Gov. Pardee: I made no such innuendo. 



Mr. Campbell: Did you, Governor Pardee? 



Gov. Pardee: I did not. 



Mr. Campbell : What did you mean by saying at that 

 time that the records showed so and so? Did you mean 

 that the records were falsified? 



Gov. Pardee: I mean to say that my informant, who 

 is here and is ready to back up that word to you to this 

 Congress, that he informed me that at that time the rec- 

 ords of the Bozeman office, Land Office, did state what 

 I have stated. 



Mr. Campbell: Then, sir, you should take that evi- 

 dence to the United States attorney of Montana or you 

 should withdraw your charge. 



Gov. Pardee: At the present time, Mr. Campbell, I 

 have made no charge. If you consider that I have made a 

 charge, I do now at this time withdraw it. 



Mr. Ray of Washington: I would like to put a cate- 

 gorical question to the honorable director of the Geo- 

 logical Survey. Has there been any power sites lost since 

 the honorable secretary of the interior went into office? 

 That is the question. 



Mr. Smith: I think the question is very well put as 



to how many, if any, power sites have been taken up in 

 the period between restoration and the subsequent with- 

 drawals. I believe that dates are essential in this proposi- 

 tion. The disputed filings on three or four forties in 

 Montana were or were not made on June 11. They were 

 not made between the time of the restoration on April 

 10, and the subsequent withdrawal of all the power sites 

 that existed within those areas, to the best of our 

 knowledge, and we took this matter up with great care. 

 You understand that the restoration was made on April 

 10, and the withdrawal was made on May 29. So I think 

 it is a question of dates. Therefore, the entries or filings 

 under the law under the order by the secretary of the 

 interior could not be made if those areas were included 

 in the subsequent withdrawal. If they were not in- 

 cluded in the subsequent withdrawal, it was done for no 

 other purpose than on the belief on the part of the ex- 

 perts of the geological survey that were called into this 

 matter, that they in no wise had to do with any power 

 sites. 



Further, I wish to say to my good friend from Cali- 

 fornia that when the time comes that the issue arises, 

 between obedience of orders from my superior, and my 

 duty to the American people, in whose service I am, I 

 do not obey those orders. I need not assure you that 

 that issue never arose during my service under Secretary 

 Garfield, and I will also state most positively that that 

 issue has never arisen under Secretary Ballinger, but 

 whenever that issue does arise it will be announced at 

 jeast in the local press of the capital city of Washington 

 in the form of my resignation. I owe my chief allegiance 

 to the American people and I welcome their criticism. 



Following the Wednesday discussion over Secretary 

 Ballinger's official acts, John H. Lewis, state engineer of 

 Oregon, gave an address on "Oregon's New Water Law," 

 showing that the statute had been adopted in February, 

 1909 and had for its object the settlement of water titles 

 through the offices of the state engineer and the divi- 

 sion superintendents of the two sections of the state. The 

 speaker showed that the new code has met with pop- 

 ular favor and is accomplishing its object. 



THURSDAY MORNING. 



Three addresses given at the morning session were 

 of special interest to delegates and both were freely dis- 

 cussed while numerous queries indicated that there were 

 many who desired more detailed information. Dr. A. C. 

 True gave a comprehensive review of the scope and pur- 

 pose of the irrigation investigations of the United States 

 office of experiment stations. Inquiries developed the fact 

 that stations are maintained in every western state with 

 a view to investigating conditions in the irrigated sections. 



Delegates from eastern states were interested in the 

 address by Samuel Fortier, chief of the irrigation investi- 

 gations of the U. S. Department of Agriculture, on the 

 subject "The Proper Use of Water in Irrigation." He 

 was occupied for some time, at the close of his address in 

 making explanations and answering inquiries. He ex- 

 plained, in his address, that much importance attached to 

 the use of water after it had been supplied to the fields, 

 and that, in his opinion, about two-thirds of that now 

 used in irrigation is wasted in various ways. 



O. L. Waller, U. S. irrigation expert, told of the pres- 

 sent laws governing water filings in Washington. He 

 suggested that the state should make careful surveys of 

 all available water supplies within its boundaries and by 

 a careful record of filings would thereby be enabled to 

 protect present holders of rights and prevent the en- 

 croachment of new claimants. 



Other addresses given at this session were: L. H. 

 Bailey, director of the New York College of Agriculture, 

 on "The Farm Community" ; Mrs. Emma Crocker, "What 

 Women are Doing for Conservation." 



THURSDAY AFTERNOON. 



John Henry Smith, of Utah, who was introduced as 

 a veteran in the cause of irrigation, gave the opening ad- 

 dress for the afternoon and after naming Brigham Young 

 as the originator of irrigation in the west, told of the great 

 natural resources of Utah and its rapid progress in irri- 

 gation work. Paul Clagstone, speaker of the Idaho house 

 of representatives, spoke of the submerged lands of north- 



