44 



THE IRRIGATION AGE. 



which have confronted "Land Boards" of the va- 

 rious "Carey Act" states generally constituted as 

 they are of already overworked officials, whose time 

 is absorbed by the routine duties of their permanent 

 offices. The intricate questions of water rights, 

 construction and financing would constitute in 

 themselves a sufficient burden for a corps of of- 

 ficials not otherwise engaged. These facts are not 

 generally understood outside of the "Carey Act" 

 states themselves, and should be mentioned in jus- 

 tice to their officials, but their mere recital does not 

 furnish justification for the situation. In only one 

 state, so far as my knowledge extends, has the land 

 department been established upon a permanent and 

 sound basis in Colorado. Efforts in the same di- 

 rection in other states have met with failure. In 

 assuming to criticize the apathy of the states in this 

 matter, it is only fair to say further, that I am one 

 of those who have consistently protested, through 

 the press and otherwise, against the injustice and 

 inadequacy of the old system. I am aware that 

 public officials are often and unjustly subjected 

 to criticism. It is too often the case of being 

 "damned if they do and damned if they don't'' ; 

 but this condition is unfortunately one of the pen- 

 alties of high office. If any remarks contained in 

 my "Open Letter" can fairly be construed in the 

 light of prejudice or as an intimation that I held the 

 present state land board responsible for the "Big 

 Lost River" failure, I assure you they were not of- 

 fered with that intent, and can call forth only regret 

 upon my part and a sincere desire to make repara- 

 tion. Let us look at the matter from an unbiased 

 standpoint, however, and will any one deny myself 

 or any other entryman the right to utter public pro- 

 test to the officials now clothed with responsibility, 

 or can the unprejudiced observer find anything to 

 justify the unwarranted reflections upon myself and 

 others? Whatever view may prevail as to the 

 merits of the contention or as to questions of good 

 taste, it is my sincere belief that no public official 

 is placed beyond the bounds of criticism all the 

 more so when the issue is one of such grievous 

 wrongs as those of numerous settlers upon the Big 

 Lost River segregation. 



His Excellency, in his opening paragraph, con- 

 veys the idea that I am "attempting to qualify as 

 one having expert knowledge," etc. Let us dispose 

 of this contention in a few sentences : The issue 

 presented has nothing to do with the subject; it is 

 the conduct of "Big Lost River" that is upon trial. 

 The editor of THE IRRIGATION AGE knows, and so 

 do many others at the national capital and at the 

 seats of government of many "Western" states 

 that I have spent years of my own time, and as a 

 corollary, some little of my substance, in a study 

 of the subject of the reclamation of our arid lands. 

 Some of these gentlemen, in tight places, have felt 

 themselves justified, upon occasion, in expressing 

 some measure of esteem for the writer, and these 

 testimonials he cherishes highly, regarding them as 

 some measure of compensation for what little pub- 

 lic service he may have been permitted .to render. 

 In any event I have "paid the shot" for whatever 

 "expert" knowledge I may possess and with its 

 payment I assume, goes the right to be heard. His 

 Excellency states that I am unfair in my treatment 



of the case, "and, by implication, that all others, 

 who, from time to time, have protested upon the 

 same grounds, are unfair." I could borrow a few 

 similes, more or less exaggerated, that might be 

 fitting but do not care to indulge in persiflage, at 

 this time. As to what is "fair" or "unfair," I dare 

 say the Governor will agree with me, that the ulti- 

 mate meaning of these terms hinge, largely, upon 

 the point of view. However, lest anyone may, mis- 

 takenly, assume that I entertain any prejudice 

 against the magnificent State of Idaho, its officials 

 or its good citizens generally, permit me to offer 

 that I have, since my first glimpse of Idaho, upon 

 several occasions, repeated my visits to the State, 

 attracted by its many features of interest, its "glo- 

 rious" climate, its superb scenery, and delightful 

 capital city. When I made entry upon the "Big 

 Lost River" tract, I did so with the full intent of 

 becoming a citizen of the State need I say more? 

 I have several good friends in Idaho whom I cherish 

 highly and I can not say too much in praise of the 

 never-failing courtesy extended to me by the pres- 

 ent Registrar and Assistant Registrar of the "Land 

 Board." I recall, with gratification, the courtesy 

 shown me by numerous State officials upon the 

 occasion of my last visit some eighteen months 

 ago. Upon purely personal grounds, there is 

 every reason, therefore, why I should harbor 

 a friendly feeling for the State of Idaho. Permit me 

 to quote to the Governor from a lengthy article 

 contributed by myself to the conservative Idaho 

 Statesman, under date of June 24, 1912. The ar- 

 ticle opens with a eulogy of the State and of the 

 Capital City which should satisfy the cravings of 

 the most ardent "booster." After tribute to the 

 "Land Board" and a brief discussion of the State's 

 water problems I disposed of the Big Lost River 

 matter with the following sentences I challenge 

 any ''unfairness" in them "As to the Big Lost River 

 it would be improper at this juncture to say much 

 (the case was then, as I recall it, being argued in 

 the Federal District Court), but it is 'up to' the 

 State to 'make good' to the entrymen for, at least, 

 the amount of their first payments. The State ap- 

 proved the project, threw the lands open to entry 

 and allowed the company to retain all moneys, with- 

 out any protection to the entrymen." The issue 

 of the AGE in which appeared the Governor's letter 

 contained, also, a contribution from myself in which 

 I referred to the splendid work accomplished in the 

 Snake River Valley, comparing it only with the 

 achievements in the Salt River Valley of Arizona. 

 Let the facts speak for themselves. 



"It will not help, at this time, to seek to excuse 

 or palliate admitted errors," as the Governor rightly 

 says, "nor to condemn the selfish policy of those 

 who sought to make political capital out of an 

 unfortunate business situation" (the italics are mine). 

 Quite right, but who are those "who sought to make 

 political capital"? I do not assume to speak for 

 anyone but myself, but I feel safe in saying that 

 there are many entrymen and small bondbuyers, 

 as well, who would appreciate a more concrete ref- 

 erence. Are they the victims of the "admitted 

 errors," who have sought, through such means as 

 were permitted them, to protest and to secure the 

 protection tacitly guaranteed by the State, in 1909, 



