OCR Text |
Show Second Attempt of Land Hoard Io Grab Part of Fund Shown by Keeord. NEKD KOH LEGISLATURE j TO TAKE SOME ACTION i Under Present Conditions in f lie I State. Interests of People Are Not (i warded. BY C. E. ARNEY. Special to The Tribune. HOIS 15. June. 10. When tho Idaho state land board entered into a contract with the Canyon Canal company requiring requir-ing them to pay 530 per acre for the water wa-ter settlers, they safeguarded the situation situa-tion by stipulating that until the canal, meaning the project, should be taken over by the settlers, they sould not be burdened with assessments for maintenance. main-tenance. A Chicago bond company fell heir to his. project, and a dispute arose between them and the settlers over the class of construction on the irrigation works which was arbitrated last winter, but In me agreement tno provision lor maintenance main-tenance was not provided for. Last week a delegation of settlers from the lands of this very splendid Irrigation project appeared before the state land board .and asked for assistance. In lieu pf this request, the minutes of the board show this record: "Be It resolved. That there be appropriated appro-priated from the Carey act trust fund the sum of J1000, or so much thereof as may be necessary, to be used In dc-Vraying dc-Vraying the operating expenses of the Canyon Canal company during the present pres-ent irrigation season; providing, however, how-ever, that the necessary funds for maintaining main-taining said canal system cannot he otherwise obtained. "The register is hereby authorized and Instructed to Issue an order for a warrant war-rant In the above amount and forward said warrant to the state's agent, who shall be hereafter dlsignatcd." Then follows another minute record appointing James McNish as the agent of the board to distribute this 51000 to be appropriated from the moneys of the Idaho Carey act trust fund for the purpose pur-pose of maintaining the operating expenses ex-penses of the Canyon Canal company for the 1010 Irrigating season. Not First Offense; This is the second attempt made by the stale board Of land commissioners to break Into this sacred trust fund, bo-fore bo-fore any legislative provision for Its use has been enacted into statute. This Is the first bold attempt, how-over, how-over, for this Is of record, while the previous effort to invest it in the bonds of an irrigation project was carefully omitted omit-ted from the record. It Is perfectly clear to all familiar with the Carey act that the legislature must provide for the nature of tho disposition dis-position of this fund by some general legislation. It Is equally cleai that It con- stllutes tho only power invested with authority to make appropriations of this trust fund. The constitution of Idaho, section '1 of article S, says this: "The credit of the stale shall not. In any manner, be given or loaned to. or in aid of any Individual, association, municipality or corporation; nor shall tho state directly or Indirect ly become a stockholder In any association or corporation." cor-poration." There is almost 5200.000 In this Carey act trust fund today and previous Idaho legislatures have nol seen fit to pass any laws for Its disposition. Matter of Record. This is tho Initial at tempi, of record, to break into this sacred fund prior to the enactment of laws fixing the manner of its Investment. Montana and Wyoming Wyo-ming legislatures have provided for "its use Jn harmony with the letter and spirit of the fcdeeral act, but Idaho has not. It Is deplorable and humiliating that Idaho's state land board Is endeavoring to appropriate this trust fund at will, devoid of color of law. and against the constitution of tho state and the spirit of the Carey act. It is a fact humiliating to an awakened public conscience throughout Idaho that all members of the Idaho state kind board, excepting tho governor, who Is thw chairman, have fattened their private bank accounts through speculation based on Information gained from inside sources through the confidence reposed In tlfom by the public In honoring them with elective state offices which they. In turn, have seen lit to dishonor. it is equally regrettable that Iho governor gov-ernor and chairman presided over this meeting of the board and permitted the spreading of this order for the appropriation appro-priation of the 51000 from this Carey act trust fund to maintain tho Canyon canal for this irrigating season; or for any other purpose. The loss of 3100U is diminutive in com- parison to the loss of confidence by the people of Idaho in the Integrity, tho discretion dis-cretion and the faith of their officials. Thla order has been entered on the record rec-ord and signed by the governor, and the record of It shows no protest from any of the members present and participating In the meeting. The register has drawn the order for this ?1000, and it has been presented to the state auditor for payment. The state auditor has asked the attorney genernl. who is tho legal advisor of .the board, for an opinion as to Ids right to Issue a war-ra war-ra nt on this fund In tho absence o) Islation. The opinion has not yet been rendered. jH There Is one more ditch to cross, shoul the opinion of the attorney general bo fa-vorable. fa-vorable. and should the auditor aet on that opinion, and that is the payment of the warrant by the state tronaurci iH This Is the status of the case at prs cnt writing. jjH |