Newspaper Page Text
VOLUME XLV. NUMBER 33.
YUMA, ARIZONA, THURSDAY, AUGUST 5, 1915.
No Government Official Can
Bind the Government With
out Proper Authority
tention. that the water users of the.
Yuma project have a contract as claim
ed, is simply to ask the Supreme, Court
to make effective a contract which the'..
SUPREME COURT HAS ALREADY
SAID NO OFFICER OF THE GOV-,
ERNMENT HAS AUTHORITY TO "
MAKE. Every one knows that no of-
result I f icial of the government can bind the
WILL , Government without proper authority. .
less than the cost of operation and
maintenance. I am not very convers
ant with many of the other projects,
but it is probable that very few of
them have received such considera
tion. It is generally expected that the Sec
retary will, during the present year,
issue public notice fixing the buildin?
charge for lands under the Yuma pro
ject in Arizona. In fixing such charge,
he must be guided by the law and by
the information at his command. I
am sure that, regardless of the atti
tude of the Water Users' Association,
he will do what he can in relieving
the project from charges that appear
on the books as the project costs, but
(By Benjamin Franklin Fly)
Let us quote the following
paragraph from an eminent
"To be an optimist is the
part of wisdom, but the os
trich who hides its little head
in the sand with the' idea of
protecting its great body from
danger by thus doing, is not
No one would be better
pleased than I to believethat
the water users on the Yuma
Project have a valid contract
With the government Which which are not properly chargeable to
assures them that their COSt Project, and where it is necessary
for a water right will not ex
ceed $40 per acre, payable in
10 annual installments. No
one would be better pleased
than I to believe that if the.
government denies this con
tention, as it does, and if the
water users carry the matter
into court, as they will have
to do if they stand by tha
contention as to the contract
the final result would be in
favor of the government's
But he is a false prophet,
and a bad legal advisor, who,
in order to tickle the fancy of
the water user, deceives them
as to the facts, and encour
ages false hopes that are
doomed to be blasted.
Every one must necessarily admit
that up to the present time the entire
burden under the claimed contract has
been borne by the Government, which
has expended about 7,000,000.00 on
this project without any return except
a small amount repaid by the Califor
nia lands. The vrater users on the
Up to the present time, the. only con
sideration given by the water useis
in such contract, if it exists, is tne
lien placed upon their lands guarantee
ing payment of the construction
charge. It is possible that the govern
ment, to protect the people from the
certain bankruptcy that will
from an expensive law suit,
CANCEL THIS LIEN, WHICH WILL
THUS RELIEVE THE WATER USER O OOOOOOOOOOOOOOOO, ,
FROM ANY RESPONSIBILITY UN- O The popularity of the Examiner O..
DER SUCH CLAIMED CONTRACT, O articles by Staff Writer Benjamin O
AND THUS AUTOMATICALLY ; O Franklin Fly has led to many in- O
ELIMINATE ANY POSSIBILITY OF,0 quiries by our readers to know O
A CONTENTION THAT THERE IS O something about our versatile. O. , ,
SUCH A CONTRACT. SUCH LANDS : O news artist. Mr. Fly is a very O ?
WILL THEN BE CONSIDERED OUT-O modest man, but perhap tshe Ex-.O -SIDE
THE PROJECT! O aminer editor can prevail upon O
t- ,mnta r,nocil,intv that O him at a future date to tell some-, O
Even in the remote possibility tnat !,,,.' ri
the Supreme Court of the United O thing of his remarkable history Q,.
States should finally declare that O since its beginning, .5 years age uO -there
was such a contract, IT WOULB O This much, however we wi 1 say O
STILL BE POSSIBLE FOR THE GOV- O at this time: Col. Fly has for 40 O
ERNMENT TO SURRENDER ITS O years made it his business i to meet O
LIEN UPON THE LAND AND BY SO? j 0r ? '
U ousiy, ne una ciiuseu ucjcuiium v .
DOING ALSO REMOVE THE GOV
ERNMENT'S LIABILITY UNDER
SUCH CONTRACT. Certainly, the
land owners can have no benefits from
such a contract if they have no lia
bilities under it.
This means that even if the water
users legally establish their claim
O as other men have chased butter- O
O flies, to study and tell about them 6
O and the important event transpir- CT
O ing near them in other words, O
! O becoming a sort of nature natur- O
'O alist in the study of "big bugs." 0
jO Col. Fly is a live wire and an A-d-
O No. 1 newspaper man, and well, O.
that there is a contract, tney win wm Q anywhere you find tne Colonel, O
absolutely nothing by such a decision, Q expect something to happen. 6
and they will lose the cost of the law 0 0 O O O O O O O O O O O 0"D O O
T admit that tlxlss is not a lawyers.
for congressional action, he will maite opinion and is not expressed in legal
the necessary recommendations to hrasttaloev. as mv friends, Ingraham
Congress. However, it will be difficulty Molloy woud express it; but it is
for him to convince Congress that common senS6j nevertheless. It is high
there is necessity for any such action time tQ get dQWn tQ brass tacks . Tne
when the water users, by declining to yuma Daily Examiner -wants every
participate in a board to review the ' farmer on the Yuma project to prosper
cosia, nave pracucauy imucaieu weir. , thfii urosneritv means the nros-
belief that all such amounts are proper rity o commUnity and as the Headlight. -was the first man in the-
Till REFUSES 10 ,
Although the editor of the Deming ?
zrges. I community flourished, so will the-Ex- -southwest to petition the mayor ofcg.
IT IS NATURAL To fTTLI-VE ' nminm- flourish- hut it. would be no Philadelphia to route the Liberty,
THAT THE PER ACRE COST FIXED ' friend to the people did it attempt to , Bel1 this way, Deming may be denied
BY THE PUBLIC NOTICE WILL BE
NECESSARILY MUCH GREATER
THAN IT WOULD BE HAD A COM
PETENT BOARD OF REVIEW PRO
VIDED THE SECRETARY WITH
SUCH INFORMATION AS WOULD
ENABLE HIM TO ELIMINATE MAN
FEATURES OR TO RECOMMEND
THAT CONGRESS ELIMINATE
After public notice is issued, it will
be necessary for the water users to
make water right application in which
they agree to pay the construction
charges fixed by that public notice, if
they do not make such wacer right
application, the government will refuse
ignore the truth, however unpleasant ' the Privilege of seeing that historic
n iathi0 fho tmth hB Tt TOn,,lrt tropny, accoraing to vv. js. Barnes
be much easier to say to the people:
"SLEEP ON YOUR RIGHTS. DO
NOT BOTHER ABOUT YOUR OWN
INTERESTS, FOR SOMEHOW OR iard fight to have the old bel1 rout
OTHER EVERYTHING YOU WANT
WILL COME TO YOU. SOME GOOD
FAIRY. WILL REWARD YOU FOR
YOUR NEGLECT TO SEIZE THE
OPPORTUNITY TO PRESENT
YOUR CLAIMS TO THE SECRE
TARY AND TO CONGRESS."
Just one more, and final, suggestion
as to the claim that there is a con
tract: The Yuma Daily Examiner has
printed in full the decision of the Su
to deliver water to them. Those who preme Court of the United States in
contend that they have a contract fix- j the case of Baker vs. Swigert, and all
ing the construction charge at $40 au J those who have carefully read that de
acre will then be compelled, in order cision can easily understand that to
Arizona side have received water at! to test the matter, to bring suit against; present to the Supreme Court the con-
traveling passenger agent of the S. K.
who has just returned from Deming
Bisbee and Douglas are making- .
from Tucson io El Paso through these..
cities. Naturally, Mr. Barnes is fight-
ing to have it sent east via Benson,;
Deming and Lordsburg over his own
Yuma has been asked to help Bistieo. ."
get the bell but has refused to take
a hand in tLe controversy.
Your best friend is the oiie;?
who knows- your fauks ' ariclf; ;
still remains your friend. ;;:v'
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