tries of Arizona, are of such vast importance to the people of this state that disposition thereof should not be made or considered until after a complete investigation of the potential possibilities of this river; and a thorough, faithful and intelligent consideration of the best ways and means of its use and distribution be had for the reason that the resulting benefit and application of its power within this state is the common property and heritage of all the people of Arizona; and WHEREAS, An Act of Congress creating a Commission for the adjudication of the rights and claims of various states in and to the waters of this river, and granting to the Legislatures of said states, authority and power to approve or reject appropriations of its waters, and easements and franchises in connection therewith, has set in motion means whereby these aims may be speedily accomplished; and WHEREAS, The rights and claims of said states have not been determined or adjudicated, and the people of Arizona, through their representatives in the Legislature, have had neither the time nor opportunity to determine the location of the proper sites for dams and power, and there exists in this state a prevailing sentiment that the construction of such power and dam sites, the appropriation of the water, and disposition, control and management thereof, should not pass into the hands of private interests without careful and proper consideration; and WHEREAS; The granting to private interests of power or dam sites, or water rights without the consent of the Legislatures of this and other states is in violation of the above mentioned Act of Congress; and WHEREAS, The State Water Commissioner of Arizona has made an appropriation of certain waters of the Colorado River, and granted to private interests a franchise for the construction of a dam and power site at a point on said river known as Diamond Creek; and WHEREAS, Said action on the part of said Commission is in violation of said Act of Congress, and in violation of that particular portion of Section 7, Chapter 64, Session Laws of Arizona, 1921, towit: "that when the proposed use conflicts with vested rights, or is a menace to the safety or against the interest and welfare of the public, the application shall be rejected"; and WHEREAS, Reports indicate that the said Commissioner acted with unseemly haste in granting said franchise and rights to said private interests surreptitiously, without giving to the people, or the Legislature of this state, an opportunity to obtain necessary information in regard thereto, or to make objection to said grant; and WHEREAS, Said action of said Commissioner has the appearance of being in furtherance of a power grab by private interests, and a perversion of the benefits of the river, whereby the people will be denied the beneficial use thereof to which they are inherently entitled and of subjecting the people to outrageous and profiteering charges and prices which will undoubtedly be fixed by said private interests; and WHEREAS, Said action of said Commissioner is clearly in excess of any authority given to him by legislative act and can only result in clouding the title of the people to said water and water rights; NOW THEREFORE BE IT RESOLVED, That it is the sense of the Senate of the Sixth Legislature of the State of Arizona, in regular session assembled that the action of the said Commissioner in granting the aforesaid franchise and water rights to the said private interests, is ill-considered, premature, unwise, in violation of the Act of Congress aforesaid, in violation of Section 7, Chapter 64, Session Laws of Arizona, 1921, aforesaid, against the will of the people of Arizona, without the consent of the Legislature of this State, and will indefinitely delay the adjustment of the rights and claims of the various states in interest, interfere with the flood control of said river, and hinder the development of the power and uses thereof; and that we urge the Power Commission to withhold the approval of any power sites on the Colorado River within or partly within the State of Arizona, until our people have determined the proper course to pursue to obtain a systematic development to cover flood control, irrigation and power sites; and BE IT FURTHER RESOLVED, That a copy of this resolution be sent to the United States Power Commission, to each of the representatives of the State of Arizona upon the Colorado River Commission, to the United States Senators, Honorable Henry F. Ashurst and Honorable Ralph Cameron, and to the Arizona Representative in Congress, Honorable Carl Hayden, in order that all grants of rights and franchises may be delayed until such time as full, complete and proper information is available, thus securing the only foundation for proper action in the matter. Senate Resolution No. 1, was laid over one day. The President announced the appointment of the following_committees: Committee on Printing and Clerks: Fred T. Colter, Chairman; W. P. Sims, Robert L. Moore, Harry A. Drachman, H. C. Gilbert, Chas. E. McMillan, Alfred Kinney. Committee on Rules: President Winsor, W. P. Sims, and Pat Hayhurst. At 10:35 a. m., moved by Senator Sims, duly seconded, that the Senate stand at recess until 2 o'clock p. m. Carried. Pursuant to recess, the Senate reconvened at 2 p. m. o'clock, President Winsor in the chair. The Committee on Printing and Clerks not being ready to report, it was moved by Senator Sims, duly seconded, that the Senate stand at recess, subject to call of the gavel. Pursuant to recess, the Senate reconvened at 2:50 p. m. o'clock, President Winsor in the chair. The following report of the Committee on Printing and Clerks was read: Mr. President: "Senate Chamber, January 9, 1923. Your Committee on Printing and Clerks begs leave to report the following appointments of the attaches for the Senate of the Sixth State Legislature: Moved by Senator Colter, duly seconded, that the report of Committee on Printing and Clerks be adopted as read. Moved by Senator Roberts, duly seconded, that the report of the Committee be amended by adding opposite each senatorial appointment the name of the Senator and County to whom each attache is charged. Carried. Whereupon, the report of Committee on Printing and Clerks was amended to read as follows: Miss Cecelia Barth, Clerk......Senator Colter, Apache County Senator Kinney, Gila County Mrs. Fannie W. Kimball, Clerk... Senator Kimball, Graham County Senator St. Charles, Mohave County Senator Hayhurst, Pima County Senator Pierce, Santa Cruz County Miss Cecelia Barth, Ruth Bacon, Mrs. Ruth Kelly, Mrs. Fannie W. Kimball, Gordon Osborn, Florence Harris, Mrs. W. A. Parr, Mrs. Romona C. Hayhurst, William Truman, Nancy Gibbs, Lucy H. Gass, Miss Harriet Jean Oliver, Mrs. M. B. Martin, Katherine Jones, Mrs. Zelma Lannon, Tom Drennan, Mr. E. R. Shortridge, Mrs. Ida Mae Jeancon, Helen McGibney, Elias Williams, Ethell McCormick, Rev. Bertrand R. Cocks, Nellie Jones. Moved by Senator Colter, duly seconded, that the report of the Committee, as amended, be adopted. Carried. At 3 p. m., moved by Senator Sims, duly seconded, that the Senate stand adjourned until 10 o'clock a. m., January 10th, 1923. MULFORD WINSOR, L. S. WILLIAMS, President of the Senate. Secretary of the Senate. JANUARY TENTH The Senate convened at 10:05 o'clock A. M., President Winsor in the chair. Prayer was offered by the Chaplain, the Rev. Bertrand R. Cocks. Campbell, Claypool, Colter, Cornick, Drachman, Elliott, Gilbert, Hayhurst, Kimball, Kinney, MacMillin, Moore, Phillips, Pierce, Roberts, Rutherford, Sims, St. Charles, and Mr. President.-19. erts. The minutes of January 9 were read and approved. The President announced the following standing committees: THE SENATE COMMITTEES. RULES: (3) The President, Sims, Hayhurst." FINANCE: (5) Cornick, Roberts, Drachman, Phillips, Kinney. PUBLIC LANDS: (7) St. Charles, Campbell, Colter, MacMillin, Rutherford, Sims, Claypool LABOR: (5) Hayhurst, Moore, Elliott, Pierce, St. Charles. MINES AND MINING: (5) Pierce, Rutherford, St. Charles, MacMillin, Roberts. APPROPRIATIONS: (7) Sims, St. Charles, Moore, Gilbert, Drachman, Claypool, Pierce. BANKING AND INSURANCE: Moore, Claypool. CORPORATIONS: Phillips. ney. (5) Rutherford, Kinney, Elliott, (5) MacMillin, Colter, Kimball, Roberts, CONSTITUTIONAL MANDATES: (3) Kimball, Roberts, Kin CONSTITUTIONAL AMENDMENTS AND REFERENDUM: Moore, Claypool, Gilbert. (3) SUFFRAGE AND ELECTIONS: (5) Moore, Elliott, Phillips, Kimball, Hayhurst. EDUCATION: Millin. Sims. (5) Claypool, Kimball, Phillips, Hayhurst, Mac PUBLIC HEALTH AND STATISTICS: (3) Phillips, Colter, AGRICULTURE AND IRRIGATION: (7) Gilbert, St. Charles, Campbell, Kimball, Drachman, Moore, Cornick. LIVESTOCK AND FORESTRY: (7) Colter, Campbell, Claypool, Kimball, Roberts, Gilbert, Pierce. COUNTIES AND COUNTY AFFAIRS: Phillips, Elliott, Rutherford. MILITIA AND PUBLIC DEFENSE: Pierce, Gilbert, Campbell. (5) Roberts, Drachman, (5) Kinney, MacMillin, STATE ACCOUNTING AND METHODS OF BUSINESS: (5) Drachman, Kinney, Cornick, Campbell, Elliott. ENROLLING AND ENGROSSING: Rutherford. (3) Mayhurst, Pierce, PRINTING AND CLERKS: (7) Colter, Sims, Moore, Drachman, Gilbert, MacMillin, Kinney. ROADS: Charles, Gilbert. (7) Drachman, Kimball, Colter, Pierce, Sims, St. PUBLIC INSTITUTIONS: (5) Campbell, Cornick, Kimball, Phillips, MacMillin. STYLE, REVISION AND COMPILATION: (3) Cornick, Sims, Elliott. Senator Gilbert moved that Senate Resolution No. 1 be referred to the appropriate committee for consideration and printing. This motion was duly seconded. Upon request of Senator Roberts, the resolution was read. Senator Roberts moved that the rules be suspended and that Senate Resolution No. 1 be considered in open session. Seconded by Senator Claypool. The motion was, by the President, ruled out of order. Senator Roberts moved that the committee report to the Senate tomorrow morning on Senate Resolution No. 1. Motion duly seconded, put and lost. Senator Claypool moved that the committee be instructed to print two thousand copies of Senate Resolution No. 1. Motion was seconded and carried. The motion to refer Senate Resolution No. 1 to appropriate committee with instructions to print two thousand copies was carried. Senator Roberts offered a table entitled "Table Indicating Approximately How Proposed Plan of Ownership and Financing Colorado River Development Might Be Expected to Work Out," to be considered in connection with Senate Resolution No. 1, and asked that same be referred to the committee for consideration in connection with Senate Resolution No. 1. INTRODUCTION OF BILLS. Senate Joint Resolution No. 1, introduced by Senator Elliott, concerning use of the waters of the Colorado River, was read the first time in full and under suspension of the rules was referred to committee, with instructions to print two thousand copies. SENATE JOINT RESOLUTION NO. 1. INTRODUCED BY SENATOR ELLIOTT. BE, AND IT HEREBY IS RESOLVED, by the Legislature of the State of Arizona in regular session assembled, that the Senators and Representative of the State of Arizona in the Congress of the United States of America, be, and they hereby are requested and urged immediately to direct their efforts to the purpose of securing deference of action on the part of the Federal Power Commission upon the matter of issuance or grant by said Federal Power Com |