DEBATE OF DECEMBER 12, 1888.Question: "Resolved, That the government should build and supervise large irrigation works in the West."

Brief for the Affirmative.D. Fulcomer and R. C. Surbridge.

Best general references: H. R. Exece. Doc. 290, 43d Cong.; 1st Sess.; Sen. Exec. Doc. 94, 44th Cong., 1st Sess., p. 40, etc.

1. It would provide homes for millions of settlers. Desirable public lands are nearly gone.- Prof. Hart, in Journal of Economics, Jan., 1887; Maj. Powell, Cong. Record, Sept. 2, 1888, p. 9032.

2. Private enterprise is not sufficient. (a) Preliminary surveys and plans must be made on a national scale; (b) the systems of other countries must be investigated; (c) some canals hundreds of miles in length are required.- Cong. Record, Sept. 11, 1888, p. 9304; Science, Vol. IV. p. 166.

3. The system of corporation control is offensive to the people.- Sen. Mis. Doc. 15, p. 219, 50th Cong., 1st Sess. Ec. Engin. Mag., Vol. XVI., p. 80.

4. The water rent would more than pay for supervision and repairs. The British Indian works yield 7 per cent. profit.- Stewart's Irrigation, p. 174; Parlia. Papers, 1886, XLIX, 395, pp 50-52.

5. The experience of Italy, of England in India, etc., shows that this is the best system.- Cong. Record, Sept. 12, 1888, p. 9368.

6. It should not be turned over to the States. (a) The U. S. should keep the lands for the settlers; (b) it is an interstate affair, since the streams cross State boundaries.

7. It is constitutional: (a) Under Article 4, Sect. 3, and 2, it would perpare for sale millions of acres now valueless; under Art. I, Sect. 8. and 3, storage reservoirs would obviate the building of levees on the Mississippi; under Art. I, Sect 8 and 1, it would contribute to the general welfare of the country.

8. The West is entitled to large appropriations.- Cong. Record, July 31, 1888 p. 7727.

9. It would not interfere with private water rights, for the government would own the streams. The riparian doctrine is unsuited to the West.- Powell's Arid Regions of the West, pp. 40-43.

20. This is the best system for obviating litigation concerning water rights.- Cong. Record, July 31, 1888, p. 7729.

Brief for the Negative.

W. Green and F. Green.

Best general reference: Political Economy of Government Intervention," Lator's Cyclopaedia, Vol. II, p. 380.

1. (a) The execution of such a scheme would involve great expense.- Congressional Record, 1888, speeches of Forney and of Herbert. pp. 9305, 9317; (b). would be sectional, p. 9315; (c) would increase the civil service-McMillin, p. 9323; (d) enough land capable of cultivation exists at present in the United States.- Plumb, p. 7730. For density of population in the different States, see Lalor, Vol. III. p. 1007.

2. Government undertakings (a) are not conducted economically.- Cong-Record, p. 9375. For instance, in river and harbor bills.- Lalor, Vol. II, p. 572. (b) Are not always well managed, as in the post office.- No. Am. Review, Dec., 1888, p. 704.

3. Government aid for irrigation has not been necessary in the past.- Congressional Record, speeches of Allison and of Forney, pp. 7722 and 9322.

4. The West does not want such aid, and is opposed to such a scheme.- Cong. Record, speeches of Symes and of Teller, pp. 9324, 9374, 9387 and 7736.

5. It would be unconstitutional. (a) Congress cannot make internal improvements merely because they promote the "general welfare."- Story's Commentaries, and 1272-1276. (b) Congress can make only such laws as are "necessary and proper" for the execution of the granted powers.- Constitution, Art. 1, Sec. 8, Cl. 18, 8 Wallace, 603.

6. It would involve a confiscation of private property. The owner of land on the border of a stream has, by common law, a right to the use of the water.- Nation, Vol. 45, p. 474.