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That the Indians view with distrust and jealousy all supposed encroachments now necessarily made in communicating with the mining districts aforesaid, and that the transportation of machinery and supplies to said districts, and communication with them, is attended by great risk and danger to life and property. That by reason of the vast extent of said reservation, the people of the State of Colorado are deprived of the use of a great area of fertile and productive lands, the development of several districts rich in all the precious metals is prevented or impeded, and the growth of the State is hindered by the absence of

thousands who will be attracted to the State as soon as the said reservation is opened to exploration and settlement.

That the interest upon a small portion of the moneys which will be derived by the General Government for the sale of lands in said reservation will support its present occupants on another or less extensive reservation.

Your memorialists therefore most respectfully urge and pray your honorable body to take such action as may be necessary for the opening of said reservation to settlement and the removal of the Indians there

from.

ment of all advertisements by the county commissioners, which would bankrupt every county in the State."

In the Senate, an act was introduced to repeal the code, and extensive debate ensued on the merits of the code system and the commonlaw practice. One of the speakers asserted that Judge Dillon had said in Denver, when deciding a demurrer in the United States Court (a motion having been made to strike out certain parts of the pleadings demurred to), in substance as follows: "There is no use of that. You are just passing through the experience of other States that have adopted a code. Its adoption has always been followed by a large crop of demurrers and motions and violent opposition. Treat the code fairly. It is the correct system; there is no doubt in my mind about that. Get your cases to issue on the merits. You have adopted and are to have the code. No State has gone back to the common-law practice after adopting the code. You will soon be at work all right under it, and will be surprised after a while that it was the occasion of so much trouble." The code was sustained by a vote of 14 to 10. The question arose in the Senate whether Sunday was included among the legislative days of the session. It was decided that it was, and should be so counted.

An act provides for the appointment of sheep inspectors, and the inspection of every flock brought into the State and its subsequent periodical inspection.

Within the limits of the above-mentioned tract of land are large mountains, from most of which explorers have been excluded by the Indians. Prospectors, however, have explored some portions of the country and found valuable lode and placer claims, and there is reason to believe that it contains great mineral wealth. The number of Indians who occupy this reservation is about three thousand. If the land was divided up between the individnal members of the tribe, it would give every man, woman, and child between three and four thousand acres. It has been claimed that the entire tribe have had in cultivation about A temperance bill was reported in the House, fifty acres of land. These Indians are fed by which provided that "every wife shall have the Government, are allowed ponies without a right of action against the man who makes number, and, except when engaged in an occa- her husband drunk." A person who rents a sional hunt, their most serious employment is building to a saloon-keeper shall be responsihorse-racing. If this reservation could be ex- ble jointly with him for the damages; but the tinguished and the land thrown open to set- lessor may dispossess the saloon-keeper if he tlers, it would furnish homes to thousands of unlawfully sells liquor. There was six majorthe people of the State who desire homes, ity against the bill, and it was laid aside. would furnish grazing for immense herds of cattle, horses, and sheep, and might prove to be exceedingly rich in minerals. It has been Decessary already to construct toll-roads over portions of the reservation in order to transport supplies to the population at Ouray, Mount Sheffles, San Miguel, and other prosperous mining camps in that vicinity, for the shipment of ores and the transportation of the mails. The Indians look with jealousy upon any supposed encroachments upon their rights. An accidental quarrel between them and a party of whites would immediately stop all travel across the reservation, would cut off the supplies in these frontier settlements, and involve that whole country in great trouble.

An act was passed to prevent the defacement of natural scenery by advertisements. During its discussion Mr. Walcott of Clear Creek said that in his county "every available rock was already plastered and painted over." Mr. John opposed the bill in its present form, for the reason that "it provides for the deface

The subject of irrigation received careful consideration, owing to its great importance to the State. The bill provides that the county commissioners of each county shall, at their regular January session, hear all applications from parties desiring the use of the water, with all such details as may be necessary, and proceed to fix the price to be charged for the water from the particular ditch in question. This shall not be changed within two years. Limitations are prescribed to this general grant of authority, and also upon the use of the purchaser. If at any time any ditch or reservoir from which water is or shall be drawn for irrigation, shall not be entitled to a full supply of water from the natural stream which supplies the same, the water actually received into and carried by such ditch, or held in such reservoir, shall be divided among all the consumers of water from such ditch or reservoir, as well the owners, shareholders, or stockholders thereof, as the parties purchasing water therefrom, and parties taking water partly under

That immigration to the West is continually increas ing; that the public domain subject to the homestead and preemption laws outside the arid regions is already comparatively exhausted; that the immigrating agriculturist is unable to avail himself of the benefit of these beneficent laws because of his financial inability to construct adequate irrigating canals to render the arid lands inhabitable.

That for the reasons set forth these lands will remain unsold and therefore useless to the General Government unless made available as above indicated.

That also without some aid in the premises the vast mineral resources of the State will of necessity remain in comparative undevelopment.

The policy of the United States has always been one of liberality toward internal improvements. Large tracts of swamp-lands have been generally donated to different Northwestern States, which have been retality of the State governments. Lands have been claimed to the husbandman through the instrumendonated for the construction of canals, railroads, and other purposes. That the aid here asked is an absolute necessity to the State, that her mining interests may be developed and that her area east of the mountains can be utilized.

and by virtue of holding shares, and partly by purchasing the same, to each his share pro rata according to the amount he, she, or they (in cases in which several consume water jointly) shall be then entitled, so that all owners and purchasers shall suffer from the deficiency arising from the cause aforesaid, each in proportion to the amount of water which he, she, or they should have received in case no such deficiency of water had occurred." Restrictions and penalties are prescribed against one causing impurity to the water, as it is the meaning and intent of a portion of the law, "that all the streams, ditches, reservoirs, lakes, and watercourses of every kind in the State shall be kept pure and clean, and fit for household purposes: provided, however, that nothing shall be construed to prevent any person from discharging the contents of any sluice, flume, quartz-mill, or other works for mining or saving mineral products into any natural stream." The irriTherefore your memorialists would respectfully pray gation districts are defined, and provision is your honorable body to enact a law, under such conmade for the formation of others by the Gov- ditions as may seem just and proper, donating to the ernor on the application of individuals. In each State of Colorado all the lands within her boundaries district water commissioners are to be appoint-nated as mineral) for the purpose of constructing a now belonging to the United States (except those desiged, whose duty it is "to divide the water in the natural stream or streams of their district among the several ditches taking water from the same according to the prior rights of each respectively; in whole or in part to shut and fasten, or cause to be shut and fastened, by order given to any sworn assistant sheriff or constable of the county in which the head of such ditch is situated, the head-gates of any ditch or ditches heading in any of the natural streams of the district, which, in a time of scarcity of water, shall not be entitled to water, by reason of the priority of the rights of others below them on the same stream." All litigated questions of priority of right, etc., are to be brought before the county district court, to which is given full and exclusive jurisdiction of all cases lying wholly within the county.

The following memorial, prepared and presented in the House, although not passed, probably indicates the manner in which irrigation may hereafter be accomplished:

To the Honorable the Senate and House of Representatives of the United States of America in Congress

assembled:

Your memorialists, the Senate and House of Representatives of the State of Colorado, most respectfully

represent:

That the portion of this State lying east of the Rocky Mountains, by reason of its extreme aridity, is wholly incapable of successful agriculture without irrigation. That the soils of this section, when placed under artificial water supply, possess most remarkable qualities of productiveness.

That the agriculture of the State is now confined to the valleys of the water-courses, where the construction of irrigating canals is comparatively inexpensive, and that it will remain so confined unless a more extensive system of irrigation can be established.

That the construction of a system of irrigation which will fully meet the demands of the State in putting these lands into a condition for successful occupancy will be too expensive for either individuals, private corporations, or the State Government without foreign aid.

system of irrigation adequate to reclaim said lands from their present unfruitfulness.

In the Senate a bill was introduced to prescribe an intelligence qualification for voters. The remarks of a few speakers illustrate the manner of its reception. Mr. Rhodes opposed it, and thought it came with poor grace from the Republican side, which had advocated conferring suffrage upon 3,000,000 of blacks who could not read and write. He had known as intelligent men as there are in this body, who knew as much about government and politics as any of them, but who can not read or write a word. Mr. Wolcott of Clear Creek moved to refer the bill to the Educational Committee, but the motion was lost. Mr. Rhodes continued that if the State of Georgia were to pass a bill that no negro who could not read and write could vote, every Republican organ in the land would denounce it as an outrage. Mr. Helm said no Republican organ would complain if the State of Georgia were to pass a bill like this, making it applicable to both whites and blacks; but if they made it applicable only to negroes, it would not be right, and there should and would be a howl. Mr. Barela represented a good many people who can not read and write, and he desired to see them educated; but he would not vote against this bill on general principles. Mr. Webster said in introducing the bill he had no thought but to advance the cause of education, and hoped the bill would meet a ready response in the hearts of every member. Mr. De France said there were universal principles lying at the foundation of our government which are infringed upon by this bill. This is a step in the direction opposite from that which was cherished by the founders of our government. He favored education as much as any man, but believed in an

absolute political equality, without any distinctions which would form classes. He said you could provide equally as well that no man should own property until he can read and write. This is an entering wedge, and a step in the direction of an aristocratic and monarchical government. Mr. Webster recognized the right of suffrage as a privilege and not as an inherent right, and that this privilege can be conferred only upon those that the government pleases. Mr. Rhodes said that the question of suffrage was one of inherent right, and quoted from the Constitution of the United States to prove his position. Mr. De France read from the Constitution to prove that the right to acquire property is not considered an inherent right, but one of privilege. There is no more sacred right to the people of this nation than the right of suffrage, and none which could not be touched with less danger to the nation. Mr. John maintained that such a bill would not avoid political corruption. In Ohio, Illinois, or Kansas such a bill as this would be hooted at and ridiculed, and ought not to be received here. The States occupying the most advanced grounds on educational questions have no such laws as this, and do not want them. The bill was referred to the Committee on Elections.

An unsuccessful effort was made in the Senate to repeal the act establishing a school of mines. The objections to the institution were, that it had been organized nine years and has nine pupils in attendance. No part of the mining sections of the State ask for the support of this school, and the State is deriving no benefit from its continuance. The same studies taught in the institution are taught in the State University at Boulder, and the State can not afford to support two institutions of the same nature. Nowhere has such an institution as the School of Mines been a success. In many places they have been tried, and always been abandoned. In reply to these assertions it was urged that the institution was founded in 1870 by an appropriation of about $3,000. In 1872 another appropriation was made to the school, but the Governor pocketed the bill. In 1874 and 1876 appropriations were made, aggregating, with what had before been given, over $12.300. The mill tax has raised the total to $14,572.45. The building and apparatus have cost about $8,000. This shows that the school has been run for about nine years for about $6,500. This accounts for the little that the school has accomplished. The object of the school was to promote and encourage the mining industry. Can any man think that a school can accomplish much on less than $1,000 per annum?

A bill to establish impartial suffrage was in troduced in the Senate. When under consideration, one of the Senators (Mr. Haynes) said: "The State Constitution provided that the question of female suffrage should be submitted to a vote at the first general election, and

it was so submitted, and one third of the votes were cast in its favor. Now it is asked, three years later, that the question may again be submitted to vote, and we ought not to be opposed to giving them a chance to convince us that we are wrong in refusing the women an equal chance to vote. How will it appear to the world if we few men here arrogate to ourselves the right to decide that what thousands of the most intelligent and respectable people in the State ask shall not be granted? Common fairness and respect call upon us to give them the chance to educate us as they think they can. The question of the propriety and right of women's suffrage is not what we are now called upon to consider; we are called upon only to give a large class of people a chance that they ought to have, and by right are entitled to." The bill passed the Senate and came up for a second reading in the House, when a motion to indefinitely postpone was made and lost, and it was referred to a special committee appointed to confer with the Senate Committee on the bill.

A bill was passed creating the new county of Carbonate, in which Leadville was situated. On the second day after, a new bill was passed changing the name to Lake, which was the name of the entire district before the division.

Persons practicing confidence games are made liable to indictment, and on conviction are punishable by confinement in the penitentiary from one to ten years.

Any animal injured or killed not having any mark or brand upon it, or having marks or brands unknown, by the trains of any railroad company, said company shall, within thirty days next after such injury or killing, pay the value thereof, according to the schedule of prices as now fixed by law, to the treasurer of the district association of cattle-growers, within the district where such animal is thus injured or killed. All neat stock found running at large in the State without a mother and upon which there is neither ear-mark nor brand, shall be deemed a maverick, and may be taken in charge by the captain or foreman of a legal round-up and sold at such time and place and in such manner as shall be determined by the executive committee of the district association of cattle-growers of the district wherein such maverick shall be taken up. The proceeds arising from such sales shall be paid to the treasurer of such district association; and if any stock so sold shall within the period of six months immediately following such sale be claimed, identified, and proven by the rightful owner, it shall be the duty of such treasurer to forthwith pay the money received for such maverick to such owner. If no owner appears, the money goes to the fund of the association.

A bill for the preservation of fish was passed, which provides that it shall not be lawful to kill, take, or have in possession any trout or other food-fish, taken or killed in any of the

public waters of the State, during the months of December, January, February, March, April, May, and June, or in either of the said months in any year; and the possession of trout or other food-fish during the months above mentioned shall be prima facie evidence of the violation of the provisions of the act. A Fish Commissioner is appointed under an act of the previous Legislature.

The act relative to the location and representation of placer-mining claims provides that "the discoverer of a placer claim shall within thirty days from the date of discovery record his claim in the office of the Recorder of the county in which said claim is situated, by a location certificate which shall contain-first, the name of the claim, designating it as a placer claim; second, the name of the locator; third, the date of the location; fourth, the number of acres or feet clained; fifth, a description of the claim, by such reference to natural objects or permanent monuments as shall identify the claim. Before filing such location certificate the discoverer shall locate his claim-first, by posting upon such claim a plain sign or notice, containing the name of the claim, the name of the locator, the date of discovery, and the number of feet or acres claimed; second, by marking the surface boundaries with substantial posts sunk in the ground, to wit, one at each angle of the claim.

"On each placer claim of 160 acres or more, heretofore or hereafter located, and until a patent has been issued therefor, not less than $100 worth of labor shall be performed or improvements made by the first day of August, 1879, and by the first day of August of each year thereafter. On all placer claims containing less than 160 acres the expenditure during each year shall be such proportion of $100 as the number of acres bears to 160. On all placer claims containing less than twenty acres the expenditure during each year shall not be less than twelve dollars; but when two or more claims lie contiguous and are owned by the same person, the expenditure hereby required for each claim may be made on any one claim; and upon a failure to comply with these conditions, the claim or claims upon which such failure occurred shall be open to relocation as if the claim had never been made; provided, that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location; provided, the aforesaid expenditures may be made in building or repairing ditches to conduct water upon such grounds, or in making other mining improvements necessary to the working of such claim. Upon the failure of any one of several coowners to contribute his share of the expenditures required hereby, the coöwners who have performed the labor or made the improvements may, at the expiration of the year-to wit, the first day of August, 1879-for the locations heretofore made, and one year from the date of locations

hereafter made, give such delinquent coowner personal notice in writing, or, if he be a nonresident of the State, a notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and mailing him a copy of such newspaper, if his address be known; and if, at the expiration of ninety days after such notice in writing, or after the first publication of such notice, such delinquent should fail or refuse to contribute his proportion of the expenditure required by this action, his interest in the claim shall become the property of his coowners who have made the required expenditures."

A large number of important acts of a local nature were passed.

The last reports of the Auditor and State Treasurer show the State's indebtedness on November 30, 1878, as follows: Warrants outstanding... Certificates of indebtedness issued..

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$191,948 99 29,861 86

$221,810 85

68,145 59

$158,164 46 19,836 51 1,300 00

12,125 88

$186,616 30

14,565 60 $172,060 70

$247,619 58 71,090 06

Amount due to meet present debt.......... $176,529 52 It was estimated that at the close of the fiscal year 1879 the State would be out of debt. The taxes of 1878 were expected to accomplish that result, while those of 1879 would pay the expenses of that year. State warrants at the beginning of 1879 sold at one per cent. above par, although two years previous they sold at seventy-five cents on the dollar.

The assessment of taxes has awakened some consideration in the State, but a change was made in the law at this session. It requires that "all property shall be assessed at its full cash value," and the duty of adjusting the rates of assessment in the different counties according to this standard devolves upon the State Board of Equalization. From the assessors' returns there appear in one county five times as many acres assessed in 1877 as in 1878, and the average value per acre in 1877 one third as much as in 1876; in another county one half as much in 1878 as in 1877. Cattle are returned at from $4 to $20 per head, horses from $20 to $90, and other stock in the same manner. The total assessment of all property for 1878 is $43,072,648, nearly $400,000 less than for 1877, while nearly all the items of

which it is composed have increased in number. The Governor, alluding to this subject, says: "The present assessment is about one third of what it should be, and the State is therefore placed in a false light abroad, as the rate of taxation is just three times what it should be. The city and county tax of Denver is about 3 per cent. Under a proper assessment it would be about one."

The public schools of the State are rapidly increasing in number, and those in the city of Denver are particularly commended for their excellence. The State University is located in the vicinity of Boulder. It consists of a new and extensive building, on an eminence, surrounded by finely cultivated and ornamental grounds. In the interior it is arranged for the accommodation of a large number of students of each sex, with their officers and instructors. The number of students is about one hundred, of whom one half are in the preparatory department. There is also a college attached to the State Agricultural Department, in which much interest is manifested. An Institute for the Mute and Blind is not only well established, but it is crowded with pupils. The School of Mines contains twenty-two students, some of whom were attracted from other States to Colorado on account of the special advantages it offers for the study of certain branches of natural science. At the previous session of the Legislature the office of Commissioner of Mines was created, but no appointment has been made. The law directs the appointment of a deputy and also an assistant Commissioner. The aggregate salaries of the three officers would be $4,900, which sum, together with their contingent expenses, is required to be paid out of the fund for the School of Mines. As this fund is less than $4,500, the appointment of these officers would have closed this institution.

The State Penitentiary has been a source of expense to the State. There is a deficiency of $27,463. The appropriation required from the State for the period of two years is $89,425. Of the public land entered by the State, 29,146-33 acres have been approved by the President of the United States for the public building fund, 25,226-83 acres for the penitentiary, and 44,844 43 for the university. There is a deficiency in the number of acres confirmed to the State, and the number donated by the enabling act, which can be settled only by an act of Congress. The State lands were made subject to sale after March 1, 1879. The arid lands of the State are so extensive that it has been proposed to obtain a donation of them from Congress, offer them for sale for grazing purposes, and devote the proceeds to the irrigation fund.

The prosperity of the State during the past two years has greatly increased. Agriculture has succeeded beyond the most sanguine expectations, so that a part of its products can be exported. The flocks of sheep and herds of

cattle show a large increase, with only a slight decrease in their market value. Probably no kind of investment in the country has proved more profitable during the past ten years than that in the stock business in Colorado. During the entire year both cattle and sheep thrive upon the grasses of the valleys and the plains, the former requiring no hay or grain, and the latter only in cases of severe and unusual snow-storms. The losses by death up to the present time have been very small, not usually exceeding two per cent. of cattle, and not a much larger percentage of sheep. As the expenses of herding and caring for the stock are very light, the natural increase in the herds and flocks is mostly profit. No counties in the State are in a more prosperous condition than those which are chiefly devoted to stock-raising. The cattle-herding was in 1878 steadily prosperous. The following winter of 1878-'79 was one of great severity, but the losses were light. The yearly increase was above the average. The increase in the number and value of cattle has been rapid during the past eight years, as shown by the assessor's returns of 1871 and 1878. For the latter year the number of cattle was returned as 483,278, valued at $4,928,147; for 1871, 145,916, valued at $2,692,440; the increase in number being 337,362, in value $2,335,707. The figures do not properly represent the number or value of cattle, which are estimated to be about a third more.

New discoveries of rich mines are constantly made, and towns spring up in localities where a few months previous there was scarcely an inhabitant. The increased production of ore creates a demand for the construction of furnaces and smelting and reduction works. The shipments of bullion and ore for 1879 are expected to exceed $12,000,000. The closest estimate for the year ending June 30, 1878, was $8,908,566. The product for the six years ending December 30, 1878, was as follows: 1873, $4,070,000; 1874, $5,362,000; 1875, $5,486,742; 1876, $6,191,908; 1877, $7,365,284; 1878, $9,820,743.

An election was held in the State to fill a vacancy on the bench of the Supreme Court. A Republican Convention to nominate a candidate assembled at Denver on September 19th. J. M. North was elected chairman, and William E. Beck was nominated for Associate Justice. The following resolutions were adopted:

ciples upon which the party was founded, in support Resolved, That as Republicans we reaffirm the prinof which it has achieved such victories as have fallen to the lot of no other party, and to the perpetuation of which we once more pledge our best efforts and our every vote.

Resolved, That it is the duty of Congress at its ap

proaching session, by appropriate and judicious legislation, to restore silver as money metal to its equality with gold; and to this end we demand that it enact a law providing for unlimited coinage of the silver dollar on such terms as shall secure to the people the benefits of gold and silver as a circulating medium.

Resolved, That the Republicans of Colorado, in convention assembled, hear with profound gratification of

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