56 THE UTILIZATION OF THE VACANT PUBLIC LANDS 



to secure the economical distribution of the water. Under these 

 laws, which differ in many material respects, rights have been 

 acquired, so that a uniform system could not now be established 

 without involving irrigation interests in serious conflicts. It 

 can be remedied only by giving to each state control of its arid 

 lands, to be reclaimed and disposed of under their separate sys- 

 tems. 



The advantages that would accrue to the state through the 

 control of the land and water are, in a measure, attained by the 

 act of August 19, 1894, known as the Carey Act. This law au- 

 thorizes the Secretary of the Interior to contract with any of the 

 desert land states to donate to the states, free of cost, such lands, 

 not exceeding 1,000,000 acres in each state, as the state may 

 cause to be irrigated, reclaimed, occupied, and cultivated by 

 actual settlers. It also authorizes the state to make all neces- 

 sary contracts for causing the lands to be reclaimed and for in- 

 ducing settlement and cultivation, but the state is not authorized 

 to lease or dispose of the lands except to secure their reclama- 

 tion, cultivation, and settlement. 



It is in the nature of a grant, limited in quantity, and condi- 

 tioned upon reclamation and cultivation. It contemplates that 

 the reclamation shall be accomplished by private capital, but as 

 the land selected cannot be disposed of until it has been patented 

 to the state, it fails to give the state sufficient control over the 

 lands to enable it to pledge them as security for their reclama- 

 tion, and hence it cannot contract for the construction of works 

 on the most favorable terms. If this law were amended so as to 

 provide for the granting of the lands to the state upon applica- 

 tion, leaving the state free to contract for their reclamation and 

 to pledge the lands as security therefor, it would be of practical 

 benefit, and under its provisions the state might be enabled to 

 secure the reclamation of all the lands within its limits that could 

 be utilized. As it is, but two states have applied for its benefits, 

 and the feasibility of the scheme for the reclamation and disposal 

 of the arid lands is yet to be ascertained. 



With this condition confronting us, can there be any valid 

 reason urged against the cession of these lands to the states, and 

 may we not go farther and inquire if there is any reason why the 

 trust imposed upon the general government for the disposal of 

 all the public lands may not safely be delegated to them ? The 

 cession of the Northwest Territory was made upon the express 

 condition that the ceded lands should be considered as a com- 



