page 15

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page 15
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http://digital.library.unlv.edu/u?/dig,8
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15I observe that those who redrafted the Swing bill to conform to the recommendations of the Secretary of the Interior have not accepted that bit of gratuitous advice. The bill in its latest form, however, is based upon the fallacious idea that Arizona can be absolutely ignored; that my State has no rights which must be recognized.In all candor I ask each and every one of the gentlemen around this table to take home to himself the situation thus created. Would any Member of Congress remain content to see such discrimination practiced against his State and its citizens? The people of Arizona have the independence of character possessed by all true Americans. We are your own flesh and blood and will be just as quick to resent any attempt at coercion as you yourselves would be. I have no fear that Congress will adopt such a proposal, but I say to you with earnestness and sincerity that, if enacted into law, it will be strenuously resisted by the people of Arizona by any and every means.Either Arizona has rights in and to the Colorado River or she has no rights. The Swing bill is obviously predicated upon the theory that Arizona has none. That may be true, but there are only nine men in the world who have the authority to say that it is true and they have not spoken. No number of men in the President's Cabinet, or of this committee, or in Congress, can be sure that such an assertion is true, nor will Arizona accept it as the truth until the final argument in opposition has been presented to the nine who constitute the court of last resort, the Supreme Court of the United States.Those who seek delay can find it in such a lawsuit for they may be sure that the people of Arizona will exhaust every resource before submitting to an act of Congress passed under the assumption that they have no rights which need to be respected.Mr. SWING. What is it that you suggest be added to this bill?Mr. HAYDEN. I shall discuss that question at the proper time.Just as certain as this legislation is enacted, there will be an interstate lawsuit. There is no way of escaping that consequence. One does not have to be a very profound student to recognize what will be the principal issues to be determined. The question of the ownership of the bed and bank of the Colorado River at the dam site named in this bill will surely have to be considered by the Supreme Court. I have never laid great stress upon the navigability of the Colorado River, but that stream has been declared to be navigable by an international treaty which is recognized to be the highest kind of law. It is also true that at one time steamboats carrying passengers and freight regularly passed up and down Black Canyon, where this bill says a dam is to be built. Iron rings are there in rocks now which were once used to aid the boats in going up to old Callville.If the Colorado River is navigable, in the customary sense of that term, then the State of Arizona owns the bed within its boundaries and can not be either lightly or wantonly deprived of all the benefits which inure to the State by reason thereof. Certainly Arizona ran not be expected to remain content and silent when it is proposed

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