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VOL. XLVI.-M). 14,495.
PORTLAND, OREGON, FRIDAY, MAY 24, 1907.
PRICE FIVE CENTS.
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5 FIST
RESENTS INSULT
Slugs Man. Who Ques
tions His Veracity.
SUPERVISORS HAVE HOT TIME
Boxton Rushes After Troy, but
Is Restrained.
TWITTED WITH' BRIBERY
Meeting to Consider Move to Forfeit
United Railroads Franchise Made
Interesting by Pugnacious
Ownership Advocate.
SAM FRANCISCO, May 23. At a
meeting this afternoon of the public
utilities committee of the Board of Su
pervisors, called to consider a resolu
tion declaring forfeited the franchises
of the United Railroads, President Pat
rick Calhoun, of that corporation, was
virtually called a liar by B. P. Troy,
a municipal ownership advocate. Mr.
Calhoun's reply was a blow that caught
his antagonist in the face and nearly
knocked him from his feet. Supervisor
Boxton sprang from the chairman's
seat and ordered Mr. Troy from the
room. Mr. Troy's reply was to fling
Into Boxton's teeth that he had taken
bribe money from Mr. Calhoun. Boxton
ran toward Mr. Troy, declaring he
would throw him out, but others In
tervened and held the Supervisor, and
Mr. Troy was forced to take a seat out
side of the rail.' ,
Resolution to Forfeit Franchise.
The resolution under consideration
by the committee was introduced by
Supervisor Tveltmoe, secretary of the
Building Trades Council. It declared
that for IB days, immediately follow
ing the commencement of the present
strike, the United Railroads failed to
operate streetcars In accordance with
the terms of Its franchises, and its
conclusion Is as follow;:
That the United Railroads be notified that
unless It resume the full operation
of all Its lines on or before May 23,
100T. at 6 o'clock A. M.. the City and Coun
ty Attorney by this body be Instructed to
take such legal action as shall be necessary
to cause the forfeiture and revocation of
said franchises.
This resolution was drawn at the In
stance of the San Francisco Labor
Council, and today's meeting of the
utilities committee was to give oppor
tunity for both sides to present their
case.
Troy Charges Falsehood.
E. P. E. Troy, an insurance man and
noted locally for his strong advocacy
of municipal ownership and his anti
corporation sentiments, asked for and
was granted the courtesy of the floor.
He launched into a savage denuncia
tion of the United Railroads the bur
den of his plea being that over-capi-tallzatlon
is responsible for the present
strife between the company and the
carmen and the condition of industrial
antagonism that prevails. He asserted
that Mr. .Calhoun, In a Philadelphia
speech three days after the great fire,
had declared that fearful disaster
would really benefit Instead of Injure
his corporation financially, and that he
had further announced in that speech
that the earthquake had destroyed the
asphalt pavements containing the com
pany's cable slots. .
"That statement," said Mr. Troy,"- was
absolutely false." and ho. stopped for-4
breath. Mr. Calhoun, '. who-' had been
sitting at one of the Supervisors' desks
regarding Troy intently, at this rose and
passed up to his accuser in the center of
the floor. .
Calhoun Slugs Troy.
"I will not, sir, allow any man to speak
to -me of my statements as false," he
said.
"I stand by what I said," Mr. Troy re
torted. Mr. Calhoun deliberately raised his
right arm and dealt Mr. Troy a stinging
blow in the face. He reeled back several
steps, but made no attempt to return the
blow. Instantly the room was in a tur
moil. As Mr. Calhoun quietly resumed his
seat. Chairman Boxton Jumped to his
feet and cried out to Mr. Troy:
"You come in here to get the privilege
of the floor to present arguments. Then
you usurp that privilege to Indulge in a
personal attack. Let me tell you we don't
allow men to be called liars In our pres
ence." Boxton's Rage Aroused.
"I did not call that hoodlum president
of a corporation a liar," retorted Mr.
Troy.
"You did," shouted Boxton. "Now you
shut up you get out" .
"I'll not shut up. I will not get out,"
cried Mr. Troy.
"Then, by, I'll put you out," said
Boxton. and he started ona run for his
antagonist.
A. J. Gallagher and Supervisor Tveltmoe
Intervened. They blocked the chairman's
progress, while other members of the
committee seized Mr. Troy and tried to
push him into a seat. Struggling to get
free, Mr. Troy thrust up his arm and
shouted sneerlngly to Boxton:
"Yes, I've no doubt you will stand by
the man whose money you took."
"You say that to me?" demanded Box-
ALHDUN
ton. "Oh. you Now I will put you out."
He started again across the floor, his face
set and his eyes flashing. A cordon
was quickly formed around Mr. Troy and
he was forced into a seat. Boxton was
Induced to desist.
Word of the trouble spread down stairs
to police headquarters and Captain Con
boy and a patrolman hurried up to guard
peace. Mr. Troy was required to take a
seat outside of the rail. He made no
further effort to address the meeting.
No action was taken on the resolution,
which will probably be brought before the
Supervisors tomorrow.
Plead for Industrial Peace.
Alexander J. Gallagher and Walter Mc
Arthur, of the Labor Council, spoke at
length In advocacy of the revocation of
the franchise, as did Supervisor Tveltmoe,
who Introduced the resolution. President
P. H. McCarthy, of the Building Trades
Council, asked that personal differences
be set aside and that, in view of the
deplorable condition of the city, every
means be exhausted to bring the officials
of the United Railroads and its former
employes together, and to proceed In a
legal way to determine whether there was
cause for the forfeiture of the franchise.
A. J. Gallagher, speaking a second
time, asserted that "there are business
men In this city, high In financial and
social circles,' who; -are doing all in their
power to bung -"about a general lockout;
and walS our side have, unfortunately.
.Horfie Radicals who believe that the only
way to treat with capital is , to precipi
tate a general industrial war. Unless
these conditions can be and are changed
completely and speedily, I am sorry for
San Francisco. If the troops come here,
all the world will know of their coming;
but there will be none to tell of their
going away." '
" Calhoun's Last Olive Branch.
Mr. Calhoun was given the floor, He
prefaced the reading of his written re
marks with a brief statement, made with
much feellnajjfcnd emphasis, in which he
charged that on the morning of the
day the strike went into effect he had,
as a last concession to avoid the taking
of that step, offered to re-submlt tne
whole question to arbitration, and that
this offer had been rejected by the union
leaders.
"I have been one of the foremost union
recognizers in the United States," said
Mr. Calhoun, "but I have not and never
shall forget that this is a free country,
giving to all capital the right to employ
whom It chooses, giving to all labor the
equal right to work for whom It will.
This position my company will never
recede from, come what may."
' Calhoun Denounces Rioters.
Mr. Calhoun read in part as follows
from a manuscript:
You are well aware that the object of
this resolution is to aid the ex-employes
of the United Railroads by compelling the
company to accede to their demands, and
is a part of the plan of designing men to
harass and embarrass It. No sell-respect-Jng
subllo officials will lend themselves to
the effort to hold up the tjnlted Railroads
and coerce It Into yielding to the demands
of a body, of men who are no longer em
ployes, and whose leaders are responsible
for much violence and bloodshed, for dally
and repeated disturbances ot the public
peace, for Illegal restraints of trade, for
cowardly assaults upon individuals and for
foul and Indecent Insults to the women
who ride upon the cars. The law-abiding
elements of this community have been
aroused to a high pitch of Indignation. The
Board of Supervisors and those who con
trol It stand alone among those charged
with administration' of law In giving aid
and comfort to the lawless. You know
that the very consideration of th resolu
tion before you tends to give encourage
ment to the ex-employes of this company
in their lawless acts, and encourages them
to believe that you will be coerced Into
forcing the United Railroads into acceding
to their demands.
Appeal to Their Manhood.
I am not responsible for the public opin
ion that you no longer act on your own
Initiative, but under the control of those
who hold over your heada the constant
threat of punishment. It is they, not I,
who have proclaimed you "good dogs" to
do your master's bidding. I urge you to
reassert your manhood.
I protest against the adoption of the reso
lution before you and I insist that your
highest duty Is to aid all constituted
authorities in the suppression of violence.
We are prepared now to place in service
every electric line we own. If proper pro
tection is given. The manner In which the
United Railroads has met the requirements
upon it within the past two weeks has never
been surpassed in street railroading and
deserves your highest commendation.
Not Under Big Stick.
Chairman Boxton, whose' name appears
-on ,the-l8tr!ct. Attorney's list of Super
visors charged with' accepting bribes to
grant franchises to the United Railroads
and other corporations and who is num
bered by the prosecution among those
who have made confession to the grand
Jury, stood up at his desk and, facing
Mr. Calhoun, quietly said:
"You imply in your statement, Mr.
Calhoun, that this board is controlled by
some unseen body, which directs its acta
and compels them to be carried out."
"That is the substance of my charge,"
replied Mr. Calhoun.
"Then," said Boxton, "I want to tell
you and all others that, so far as I
personally know, this is not true the
condition you describe does not exist. Let
me remind you that the resolution for the
forfeiture of your franchises was in
troduced by Supervisor Tveltmoe (who
was appointed after the alleged briberies).
Mr. Tveltmoe Is not subject to the 'big
stick.' If what you intimate were the
fact, this resolution would have been In
troduced by myself rather than by him."
"I am very glad to learn," replied Mr.
Calhoun, laughingly, "that your body is
acting with entire Independence."
"I assure you," replied Boxton, . "that
it is."
The Board of Supervisors will meet to
morrow, at which time the resolution of
forfeiture may be acted upon.
High Prices for Army Horses.
WASHINGTON. May 23. Increased
difficulty Is being experienced In obtain
ing horses and mules for the Army.
Elds which have Just been opened show
that prices generally have increased.
The Quartermaster's Department says
that Army mules are bought practically
by the pound. An experiment is being
made at Fort Riley, Kan., in buying
yearly a small number of pedigreed colts
and putting them through a course of
training for the cavalry service; This
experiment has proved beneficial, and 36
of these blooded horses have Just been
purchased.
PLOT TO PROVE
I
Police Trace Career of
Mrs. Gould.
OFFICER TELLS ENTIRE STORY
Department Used as Divorce
Evidence Agency.
MEN HIGH UP INVOLVED
Under Fire of Investigation, In
spector McLaughlin to Leave Po- '
sition Because of His Connec
tion With the Scheme.
NEW YORK, May 23. There were de
velopments of moment tonight in the in
vestigation recently begun by Commis
sioner Bingham to determine what part
was played by certain members of the
police department in the domestic
troubles of Mr. and Mrs. Howard Gould.
In papers served a few days ago upon
counsel for her husband indicating Mrs.
Gould's purpose to institute suit for
separate maintenance it was alleged that
there had been a conspiracy against the
plaintiff in which high officers in the
police department were Involved.
Tonight Frank M. Peabody who with
Captain William F. McLaughlin had been
frequently mentioned In the case, met an
official high in the police department and,
according to the latter, made a clean
breast of his connection with the Gould
affair.
According to this man, Peabody ad
mitted that he had worked for several
weeks on the Gould case, not only In this
city, but in Washington and Baltimore
and that he sent the telegram to Edward
Sholes In this city on March 26, in which
a woman named Harriet Lonedale was
reported married to a man named George
Pawson, .- -
Seek Records of Marriage.
Commissioner Bingham has sought to
determine .the author of this message,
which, it has been intimated, grew out
of a search of marriage records through
which it was sought to establish that
Mrs. Gould, while still Katherlne Clem
mons, had married one George Dawson.
In his statement, as given out by the
police official, Peabody Bald he was
called into the private office of Inspec
tor McLaughlin early In March last, when
McLaughlin told him to bring in "Big
Bill" Hawley. Peabody said he went out
to get Hawley, but learned Hawley was
out of town. Ten days later Hawley re
turned, and Peabody said he asked Mc-
1
HAG
GOVERNOR HUGHES IS SAID TO BE INDIFFERENT AS TO THE
PRESIDENTIAL, NOMINATION
Laughlln if Hawley was then wanted.
Peabody said McLaughlin told him not
to bother about Hawley, but to locate
Edward t Sholes. -
Peabody later saw Sholes and told him
that Inspector McLaughlin wished to see
him at police headquarters. Subsequent
ly, Peabody said, McLaughlin, Hawley,
Sholes and he went down to Delancey
Nlcoll's office.
Goes From City to City.
Peabody says he took 10 days off and
on March 23, under Instructions from
McLaughlin 'and Nicoll and also under
implicit directions from Sholes, with the
latter went to Washington and thence to
Baltimore. While in Baltimore, Peabody
said he searched the records of the
Bureau of Vital Statistics for the record
Sholes had Indicated, to him, as nearly as
Sholes . could recall the -. names. The!
search resulted In Peabody sending to
Sholea the following telegram on March
26:
"George Dawson and Harriet Lonsdale,
May 6, 1883. Can this be her?"
The official who made public the ad
missions of Peabody stated that the lat
ter said he had gone to Baltimore to find
"a murderer," named Reagon, but also
to ascertain whether Katherlne Clem
moiu had been married In Baltimore
many years ago.
Peabody says he received a reply to his
telegram from Sholes, who was in Wash
ington. In his telegram Peabody de
clared Sholes said:
"She has used many aliases."
Asked to Trace Dawson.
In a subsequent telegram Sholes asked
Peabody If he could locate Dawson.
Peabody said he remained in Washing
ton only a few hours after leaving BalU'
more and came back to New York City.
Arriving here, Sfaa . Reported his findings
to McLaughlin a.n the latter to Mr.
Nicoll, which PeabodjKeays he did.
Edward Sholes Is expected at police
headquarters to meet Deputy Police
Commissioner Hanson, who has charge
of the Inquiry under Commissioner Bing
ham's instruction.
Tonight's statement by Mr. - Peabody,
It was later admitted, was obtained by
Mr. Hanson.
INSPECTOR QUITS DEPART5IEXT
McLaughlin Resigns Because of Con
nection With Case.
NEW YORK, May 23. (Special.) "Bill"
McLaughlin, disrated Inspector of Police
and acknowledged head and front of "the
system" in the Police Department, has
quit under fire of the Investigators which
has been aimed at him since May 16,
when it was discovered that the detective
bureau- had. been- turned into a divorce
evidence agency at the instigation of
Howard. Gould
The bombardment of the past week
has been too much for McLaughlin. He
ran up the white flag today when Dr.
Martin E. McGovern, the police surgeon,
who has been attending him. reported to
Commissioner Bingham that the man was
a victim of chronic bronchitis. That re
port, in other words, was McLaughlin's
application for retirement- Dr. McGov
ern tomorrow will apply to Commission
er Bingham for the appointment of a
board of survey, consisting of three sur
geons, to examine McLaughlin. On the
report of this board, confirming the re
port of the attending surgeon that Mc
Laughlin actually has chronic bronchitis,
Commissioner Bingham must order his
retirement.
It Is known that General Bingham
does not want to let McLaughlin quit
(Concluded on Page Six.)
" ' ' l
E
IH GETTING JURY
Nearly All Have Opin
ion of Haywood.
MANY TRY TO ESCAPE SERY1CE
Judge Refuses to Accept Any
Ordinary Excuse.
LAWYERS HAVE ONE CLASH
Hawley Probes for Depth of Man's
' Opinion,' When Darrow Objects,
but Judge Chokes Them
Off In Argument.
BOISE, Idaho, May 23. (Special.)
When court, re-convened "this afternoon
after an adjournment of two days. Sheriff
Hodgih' presented the names of 60 men
whom he had summoned to serve as
Jurors.. The panel began to melt away
as soon as the court got into action and
it had been reduced by 11 when court
adjourned without any progress having
been made toward filling the box. Six
were dismissed at the opening on statu
tory excuses and five went out on being
challenged for cause. The cases of five
who presented excuses were put over
until tomorrow.
The examination of men to determine
their qualifications to serve on the jury
developed the same monotonous recita
tion of opinion that could not be removed
without evidence, and the thought was
strongly suggested to observers that men
have learned Just how far to go to get
off and are availing themselves of the
opportunity. . The effort this afternoon
was to fill the seat made vacant Tuesday
by the excusing of Orrle Cole on account
of 'his health. The sixth' man called had
been examined and passed by the state
when court adjourned.
Flare-up Between Lawyers.
There was one flare-up during the after
noon, caused by a statement by Mr. Dar
row that Mr. Hawley was pursuing a line
of questioning intended to deter other
talesmen from disclosing their state of
mind ' frankly. It was during the ex
amination of Lee Egbert, a farmer. He
said he had formed a settled opinion.
Later he admitted that his opinion was
not an unqualified opinion. He would not
toe willing to believe the defendants
either guilty or Innocent without proofs.
He said he would take the law and
evidence. If selected as a juror, as his
only means of arriving at a verdict. He
was doubtful as to whether he could,
however, set aside and dismiss his
flDW
HIDE
!
1
opinion in the case. He said he could
try.
"Well, will you try to set aside any
opinion you now have?" asked Mr. Haw
ley. -
"To the best ot my ability," was" the
sincere reply.
"Have you a bias or prejudice now for
or against this defendant?"
"Yes, sir, I have."
Both Sides Take Exception.
Mr. Hawley asked Mr. Egbert If he was
In the habit of forming opinions in the
important affairs of life from mere neigh
borhood gossip . and reports, when Mr.
Darrow objected. He declared Mr. Haw
ley was not trying to get the honest opin
ion of the Juror under examination, but
was endeavoring to terrorize the remain
ing members of the panel and stop them
from expressing whatever opinions they,
might have.
"Objection overruled," Judge Wood in
terposed. Mr. Hawley sought to reply to Mr. Dar
row, but was stopped by Judge Wood, who
directed him to proceed with the exam
ination. "I desire to note an exception," shouted
Mr. Hawley, "to counsel for the defense
being allowed to make statements and
charges to which, we are not allowed to
reply."
"And we note an exception to the court's
overruling our objection as to counsel's'
questions to the Juryn,", added Mryar
row. """"v. Jf
Judge Wood ordered both exceptions
entered in. tho record, and the first
flurry of the day was at an end. The
prospective juror was challenged by
Mr. Hawley on the ground of Implied
bias In having formed an opinion re
garding the guilt or innocence of the
accused man. "We deny the challenge
temporarily," ' said Mr. Richardson,
"until we have asked a few questions."
His questions were entirely regarding
the opinion the talesman said he had
formed. The challenge was allowed.
Mrs. Haywood Looks Better.
In her accustomed position in her
invalid's chair, just back of the row
of defense lawyers, sat Mrs. Haywood.
She was looking quite fresh and com
fortable. She was dressed In Summer
goods, for the first time appearing in
light colors rather than in sombre
black. At her right sat the older
daughter, and at the left the nurse.
The younger daughter sat between the
nurse and the defendant.
The accused man, appeared more
grave in his demeanor than at any
previous time during the beginning of
the proceedings. He entered the room
very quietly and slipped into his chair
behind Mr. Richardson and Mr. Dar
row and began to talk with them In
whispers before paying any attention
to the members of his family.
SICKNESS A5IONQ TALESMEN
Judge - Stays Epidemic and Denies
Petitions for Relief.
BOISE, Idaho, May 23. The 60 men
of the second special venire for the
Haywood Jury presented themselves
when Judge Wood ascended the bench
(Concluded on Page Six.)
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature, 65
degrees; minimum, 52.
TODAY'S Fair; westerly winds.
Foreign.
Stolypln makes sensational speech In Rus
sian Douma. Page 6.
National.
Foraker dig)! at Long-worth In Brownsville
. Inquiry. Page 5.
Government prepared to open Yakima and
Coeur d'Alene Indian resercatlons. Page
10. -
Far-reaching effect of Supreme Court de
cision In Kansas-Colorado case. Paga 1.
Politics.
Anti-Bryan Democrats try to smother him
with favorite sons. Page 5.
Domestic.
Presbyterian Assembly declares Itself on
marriage of divorced people. Page 5.
Judge Gaynor speaks on railroad favoritism.
Page S.
Railroads fall to agree on lengthening time
to Coast. Page 5.
Homer Castle, Prohibition leader under a
cloud. Page 4.
Trial of suit for Mrs. Eddy's estate begins.
Page- 6. . ' ,
Five men killed by ammonia fumes n Chi
cago. Pago 4. '
Mrs. McKlnley. stricken with apoplexy. Is on
death-bed. Page 4.
Sensational exposurr in Gould divorce case.
Page 1.
raclflc Coast.
Move to forfeit United Railways franchise
in San Francisco cause Calhaun to slug
opponent at Supervisors' meeting. Page
1.
No progress In securing Haywood Jury.
Page 1.
Defense springs sensation In Moscow land
fraud trial. Page 6.
Defect In university reVerendum petitions
may prevent them being died. Page 8.
Coos Bay people institute suit against land
- barons. Page 8.
Sport.
Los Angeles defeats Portland. 11 to 0.
Page 9.
Commercial and Marine.
Stock marktts heavy and dull. Page 19.
Wool brings 22 cents at Pendleton sale.
Page 19.
Crest of flood ' will arrive, next Sunday.
Page IS.
. Portland and Vicinity.
First street property owners demand that
Street Railway Company pave between
IU rails. Page 8.
George R. Grayson weds girl of his choice
. and leaves mother to lament. Page 14. -John
Cort tells of line attractions booked
for Pacific Northwest theaters. Page 15.
Prominent Cltlsens Ineorporart Country
Club.
Leading citizens pledge financial aid to
Rose Show. Page 14.
Mining promoter before Federal Court for
alleged fraudulent use of malls. Page 13.
Council Committee delegates to Council se
lection of Jail site. Page 13.
Chamber of Commerce transportation com
mittee preparing data for Interview with
Hard man. Page 18.
Devlin and Lane discuss non-polltlcal sub
jects from same platform. Paga 12.
Democratic Chairman Montague writes an
other letter to T. C. Devlin. Page 12.
Sessions of Ortgm Grand Lodge, K. of P..
brought to a close." Pase 15.
Federal grand Jury completes furniture
trust Investigation. Page 12.
RIGHTS OF STATES
OVER THE RIVERS
Irrigation Is Subject to1
Their Laws.
RECLAMATION LAW IN DANGER
Supreme Court Decision Im
portant to Northwest.
MAY LIMIT DEVELOPMENT t
Powers of Government to Irrigate
Limited to Territories and Areas
of Which It Owns Majority.
Test Cases Will Ensue.
OREGONIAN NEWS BUREAU, Wash
ington, May 23. From a Western stand
point no decision of the United States
Supreme Court In recent years has been
of so great importance as the decision
handed down on May IS in what Is
known as the Kansas-Colorado case. In
volving the rights of those respective
states to the waters of the Arkansas
River for irrigation purposes. While the
decision bore directly on that particular
case, it established a precedent that will
be followed In all future controversies
as to the rights of states to use the
waters of an interstate stream In the
reclamation of arid land. ' But the de
cision is still more Important In that It'
seems inferentlally to question the valid
ity of some of the work that has been
done by the National Government under
the National reclamation law.
In the opinion of some lawyers, the
decision in the Kansas-Colorado case
clearly Indicates the opinion of the Su-'
preme Court that the reclamation act Is
unconstitutional Insofar as It applies to
the irrigation of land in the various
states, and It Is their opinion that the
law, under the .jourt's . decision, is
actually applicable only In the territories
of New Mexico and s Arizona. In the
opinion of other attorneys, ' the Kansas
Colorado decision does not question the
legality of the reclamation act Itself, but
does question the right of the Govern
ment to Irrigate any but public lands. (
It Is to be remembered that the ques
tions raised in the Kansas-Colorado suit
do not Involve Government Irrigation
projects and do not In any way Involve
a construction of the National reclama
tion law, but the court, in rendering its
decision, covered a wide field of spec
ulation and by indirection Intimated a
doubt as to the propriety of the man
ner in' which the National reclamation
law has been enforced.
Power to Irrigate Limited.
After discussing the merits of the Kansas-Colorado
suit. Justice Brewer, who'
rendered the unanimous opinion of the
court employed this language:
At the time of the adoption of the Con
stitution within the known and conceded
limits of the United States there were no
largo tracts of arid land, and nothing which
called for any further action than that
which irght be taken by the Legislature of
the stale in which any particular tract of
such land was to be found, and the Consti
tution, therefore, makes no provision for a
National control of the arid regions or their
reclamation. But, as our National territory
has been enlarged, we have within our bor
ders extensive tracts of arid lands which
ought to be reclaimed, and it may well be
that no power is adequate for their reclama
tion other than that of the National Gov
ernment. But if no such power has been
granted, none can be exercised.
It does not follow from this that the
National Government is entirely powerless
In respect to this Taatter. These arid landd
are largely within the- .territories, and over
them by virtue of the second paragraph of
section 3 of article IV, heretofore quoted, '
or by virtue of the power vested in the
National Government to acquire territory by .
treaties. Congress has full power of legis
lation, subject to no restrictions other than
those expressly named in the Constitution.
and, therefore. It may legislate in respect to
all arid lands within their limits.
Only Granted Powers Valid.
The determination of the rights of the
two states inter se in regard to the flow
of waters in the Arkansas River Is subor
dinate to a superior right on the part of the
National Government to control the whole
system nf the reclamation of arid lands.
. That Involves the question whether the
reclamation of arid lands Is one of the pow.
era granted to the general Government. As
heretofore stated, the constant declaration
of this court from the beginning is that
this Government Is one of enumerated pow
ers. "The Government, then, of the United
States can claim no powers which are .not
granted to it by the Constitution, and the '
powers actually granted must be such as are
expressly given or given by necessary Im
plication." (Story, J., In Martin v. Hun
ter's Lessee, 1 Wheat. 304. 320.) "The Gov
ernment of the United States is one of del
egated, limited, and enumerated powers.
(United States v. Harris, 108 U. S. 09.
035.)
It is this part of the opinion that is
seized upon by those attorneys who
construe the decision as questioning
the legality of the reclamation act, ex
cept insofar as it applies to New Mex
ico and Arizona. But the language
Immediately following seems to qual
ify the language Just quoted, and It is
this second quotation that Is pointed
out by other attorneys as 'Indicating
that the court, if called upon, would
sustain the constitutionality of the
law Itself, though they would prob
ably question the legality of the
action of the Reclamation Service in
building projects in which all or even
a major portion of the land is In
private ownership. There are several
(Concluded on Page T.)
4