Mr. LITTLE. Do you concede that under your system there would be any more probability of Hindoos and Japs getting in there than there would be under the other? Mr. GATES. Not in the way we propose to handle the project. Mr. LITTLE. You think it is about an even break? Mr. GATES. No; I do not, for the simple reason that we propose to proceed in exactly the same way that we would have proceeded had the lands been restored to entry, through the Commissioner of the General Land Office. Mr. LITTLE. Is there any more likelihood of a Hindoo getting a farm there Mr. GATES (interposing). If he had the money to pay for it, possibly, although I do not believe a Hindoo can own land in California. Mr. LITTLE. If you fellows have it, then can Japanese get it? Mr. GATES. No, sir. California law prevents Japanese owning land in that State. Mr. BARBOUR. As I understand it, the objection is that if the land is sold to individuals prior to their putting water on it, then nonresident owners can get hold of a large part of it. In the past nonresident owners have rented to Hindoos and Japs, and the supposition is that such owners would acquire lands and would continue to rent to Hindoos and Japs if the land is sold before the irrigation works are constructed. Mr. LITTLE. A man could do that afterwards, couldn't he? Mr. BARBOUR. But he said that their idea is to put actual settlers on the land, and then that condition is not so apt to exist as it does where there are nonresident owners. Mr. GATES. But under the desert-land law the Commissioner of the General Land Office would recognize this company as a source of water supply and all eligible applicants would have to show ownership of water stock in the Imperial Laguna Water Co.; they would have to show at least a declaration of citizenship also, which a Hindu or Japanese can not do. Besides, the law of California forbids a Japanese purchasing land, and I think Hindoos are also prohibited. However, they could rent land. Mr. LITTLE. Is this the bone of contention, then: That you folks want to put the land on the market before there is water, and that they want to hold the land until there is water? Mr. GATES. No. The CHAIRMAN. Mr. Gates, pardon me; we are going to hear you entirely through in time, but inasmuch as it is nearly 12 o'clock now, and we must adjourn at 12, I would like to hear very briefly from the commissioner and perhaps from Judge Finney and see if they have some suggestions about this issue before we adjourn. We will have to meet tomorrow. Mr. GATES. Will you allow me to read a wire first? I suppose that to-morrow if I desire to go on I may proceed? The CHAIRMAN. Certainly. Mr. TALLMAN. Mr. Chairman, I can come up to-morrow if you want to have another session. Mr. TAYLOR. We will have to have another session of the committee, of course. The CHAIRMAN. We had expected to hear you further and did not know but what you might make some suggestions to-day. Mr. TALLMAN. I would just as soon leave it till to-morrow. Mr. EVANS. Mr. Chairman, would it be possible to meet at 10 o'clock to-morrow? The CHAIRMAN. Yes; we can meet at 10 o'clock, I think. I will state also that we want to hear from Dr. Elwood Mead when we can get around to it. Mr. GATES. January 26, 1916, I addressed a letter to Commissioner Tallman, and I desire to call attention to the second paragraph of that letter, as showing Mr. Rose's attitude at that time: At the outset I desire to say that I am instructed by Mr. Rose to inform you that, although his company is desirous of irrigating said lands by an irrigation system to be connected with the Laguna Dam on the Colorado River, his principal object in visiting Washington on this matter is to get the lands restored to entry so that they may be irrigated as speedily as possible, and it makes little difference to him what company furnishes the irrigation system. Subsequently Mr. Rose informed Commissioner Tallman, as that gentleman can bear me out, that if the department could find anyone at that time who had a better plan for the reclamation and irrigation of these lands, he not only would step aside, but he would turn over the surveys, plans, and even the stock of the Imperial Laguna Water Co. free of charge to that party or that company, and if the Government itself wanted to do the work, he would donate them to the Government, if it could accept them, and the Government could proceed with the project; that he wanted those lands restored to entry and irrigated, or a means found whereby they could be irrigated. Mr. ROSE. The water was being used on Mexican land; that was the reason why I was ruging it. Mr. GATES. Every day more land was being put under irrigation below the line, upon which development the interests in Mexico could and would later base a claim for equitable adjustment. They have continued on that course and are doing that very thing to-day. Feeling they will be of interest to the committee, I will now read several telegrams, copies of which were filed in the Department of the Interior after the reading of the originals at hearings: MARK ROSE, Or Heads of Government Departments, EL CENTRO, CALIF., April 6, 1917. 201 D Street NE., Washington, D. C.: The board of trustees of the city of Holtville indorse the plan of the Imperial Laguna Water Co. to irrigate the mesa lands and have passed a resolution to that effect similar to one passed several months ago. people are in favor of early action. MARK ROSE, Or Heads of Departments, The majority of the C. D. HARTSHORN, of the City of Holtville. EL CENTRO, CALIF., April 6, 1917. 201 D Street NE., Washington, D. C.: We, the trustees of the city of Imperial, Imperial County, Calif., do earnestly urge opening of mesa lands and irrigating them under plans of Laguna Water Co. J. ROY ADAMS. MARK ROSE, Or Department Heads, EL CENTRO, CALIF., April 6, 1917. 201 D Street NE., Washington, D. C.: Ninety per cent of the people here favor reclamation of mesa land and appropriation Colorado River water in Imperial County. If not appropriated here, will be in Mexico. People indorse Laguna Water Co. plan. H. L. WELCH, Commissioner United States District Court. MARK ROSE, EL CENTRO, CALIF., April 6, 1917. Or Heads of Departments, 201 D Street NE., Washington, D. C.: Mead report and Davis letter received and published. No change made in wishes of people. A great majority strongly in favor of opening mesa lands and irrigating same from Laguna Dam as soon as possible. They indorse Imperial Laguna Water Co. F. G. HAVENS, Court Commissioner Imperial County, Calif. EL CENTRO, CALIF., April 4, 1917. MARK ROSE, 201 D Street NE., Apartment No. 3, Washington, D. C.: Reclamation Davis writes supervisors that your plans are of doubtful feasibility and do not provide for storage. Quotes sections 29, 34, and 36, Mead report. Does not believe Secretary would approve if condemned by majority of people here. Asks supervisors for expression of people here. E. E. BENNETT. MARK ROSE, EL CENTRO, CALIF., April 6, 1917. Or Department Heads, 201 D Street NE., Washington, D. C.: This board is still in favor of having mesa lands restored and irrigated, as expressed by our resolution of January 2. L. F. SHAW, Chairman of Board of Supervisors of Imperial County. The resolution of January 2, 1917, referred to in the telegram I have just read reads as follows: Resolved by the board of supervisors of Imperial County, That we are earnestly in favor of the early development of the mesa lands situated east of the Imperial irrigation district in Imperial County, Calif.. by conducting water thereon from the Colorado River, and that we herewith express our friendly feeling toward the Imperial Laguna Water Co. and urge the speedy restoration of the aforesaid lands to entry. COUNTY OF IMPERIAL 88: I, M. S. Cook, county clerk of the county of Imperial, in the State of California, and ex officio clerk of the Superior Court of the said Imperial County and State aforesaid, hereby certify that I have compared the foregoing copy with the original resolution adopted by the board of supervisors at a regular meeting held January 2, 1917, and that the same is a full, true, and correct copy of such original and of the whole thereof. Witness my hand and the seal of said court this 2d day of January, A. D. 1917. M. S. Cook, Clerk. By E. B. WILSON, Deputy Clerk. (Seal of Superior Court of Imperial County.) Here is another telegram: MARK ROSE, Or Department Heads, EL CENTRO, CALIF., April 6, 1917. 201 D Street NE, Washington, D. C. Mead report and Davis letter received and filed, but this board has not rescinded its resolution of December 23, 1916. LEROY HOLT, President of Board of Directors Imperial Irrigation District. The resolution of December 23, 1916, to which Mr. Holt referred in his said telegram has already been read by me. It expresses its friendly feeling toward the Imperial Laguna Water Co. and a willingness to cooperate with said company in its efforts to bring about the irrigation of the east side mesa lands. Other resolutions, petitions, telegrams, and letters, all urging the restoring of the lands to entry and their irrigation under the plan of the Imperial Laguna Water Co., could be referred to by us and placed in the record, but we do not deem it necessary to burden the record unnecessarily. We believe we have demonstrated that all the way through the negotiations covering several years Mr. Mark Rose has been recognized as the pioneer in the movement to irrigate the east side mesa lands and as the father of the allAmerican canal plan. The CHAIRMAN. Now, Dr. Mead, we want to hear from you at your convenience, say to-morrow. Mr. GATES. I am practically through, Mr. Chairman, but I have a telegram I received yesterday from the West Side Imperal Irrigation Co. which I desire to file with the committee at this time. It suggests an amendment to the bill now under consideration and reads as follows: O. N. SHAW or R. WOODLAND GATES, LOS ANGELES, CALIF., January 24, 1920. Colorado Building, Washington, D. C.: Amend section 10, revised bill, “Provided, That as 160 areas of such excess pass into hands of persons not owning other lands within area subject to this legislation such units shall automatically become subject to the rights, privileges, benefits, and obligations of the district and entitled to participate in the use of the water." This will mean no more than is intended by present reading but will satisfy objections to many holders of lands that would otherwise be excluded and without which it would not be practical to carry canal around Coachella and West Side. WEST SIDE IMPERIAL IRRIGATION CO. The original telegram I will file with the clerk of the committee. Now, I am practically through, gentlemen, unless I think of something further between now and to-morrow morning. I wish, however, to again call attention to our engineers' report and the maps and plans, etc., which we filed in the Department of the Interior in accordance with the terms of our contract, so that if any members of this committee desire to inspect them they may be available for that purpose. The CHAIRMAN. We will adjourn then until to-morrow morning at 10 o'clock. (Whereupon, at 12 o'clock noon, the committee adjourned until 10 o'clock a. m., Thursday, January 29, 1920.) COMMITTEE ON IRRIGATION OF ARID LANDS, The committee met at 10.15 o'clock a. m., Hon. M. P. Kinkaid (chairman) presiding. The CHAIRMAN. The committee will come to order. You may proceed, Mr. Gates. STATEMENT OF MR. R. WOODLAND GATES-Resumed. Mr. GATES. Mr. Chairman and gentlemen, yesterday I read from the letter of April 16, 1918, addressed to Mr. Mark Rose by Mr. E. C. Bradley, assistant to the Secretary. That was not read in full yesterday. I would like to read it in full. Mr. LITTLE. Why don't you just insert that in the hearing and save time? Is that satisfactory, Mr. Chairman? The CHAIRMAN. Yes; certainly. The letter referred to follows: Mr. MARK ROSE, THE SECRETARY OF THE INTERIOR, President Imperial Laguna Water Co., Colorado Building, Washington, D. C. MY DEAR MR. ROSE: Your letter of January 30, 1918, and report transmitted therewith by your chief engineer and two consulting engineers, under contract with the Secretary of the Interior, dated July 6, 1917, have been given careful consideration. The most important provision of the contract is the requirement to "make a complete detailed survey, specifications, and estimates of costs" for the works listed in the contract. An examination shows that the data furnished fails to fulfill these requirements and that such data does not afford a sufficient basis for any reliable estimates on which further procedure under the terms of the contract could be approved at this time. Under the contract the duty of the Secretary of the Interior is to adopt one of three courses: No. 1. (a) Require further or additional surveys, specifications, and estimates of a changed or modified plan in whole or in part to be made and submitted, together with such other requirements as may by said Secretary be deemed necessary to insure the permanency and success of the enterprise, all within such time or times as said Secretary may prescribe; whereupon the plans, surveys, specifications, and estimates as so modified and amended may be rejected and disproved or accepted and approved in their entirety, as provided in subdivisions (b) and (c) of this section; or (b) Reject and disprove of said surveys, specifications, and estimates in their entirety for any reason in his judgment deemed sufficient, in which case this contract shall be and become void and of no further force and effect whatsoever; or (c) Accept and approve same in their entirety as representing a practical and sufficient plan and scheme of works and reclamation for the purposes of this contract, in which event the company shall have the right to connect its said proposed irrigation system with the said Laguna Dam and to enlarge said main canal of the United States on compliance and in accordance with the terms and conditions of this contract. From the foregoing it is apparent that alternative (c) can not be exercised at this time. The question, therefore, presents itself as to whether further or additional surveys, specifications, and estimates should be required under alternative (a), or whether the surveys and estimates heretofore presented should be rejected and disproved under alternative (b). As you are aware, there have been extensive negotiations and conferences with representatives of the Imperial Valley irrigation district with a view to |