Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-30
lowing kilograms were received from sena-
tor Teller and the three Colorado represent

lowing kilograms were received from sena-
tor Teller and the three Colorado represent
tatives.
buld reservoir at Gore o.nyon. co., { injurious
to the interests OF Colorado and not required By
any Interest local or national desire 70 eater .,
- - $3.50 = 49, N n TELLER."
Almost unanimous Colorado sentiment favors
Gore Canyon by Denver Northwestern Railway,
and TINT for irrigation project should be sub
ordinate thereto Earnestly request department
- 81 4 BRooKs.''
1.-THE people Of first congressional district regard
lance to their welfare and do not believe building
Of Gore Canyon dam will benefit them, but will
tive rsspectfuiy and earnestly object to appro-
priation of site for reseryolr purpose
seriously interfere with MoFatt railroad through
that country It ought to Be carefully considered
Colorado especially. beg Of the department
NV . '' ''' p''. ' FL X. aoaa,,
II looked into the matter. with which
/ had no particular familiarity, continued
President Roosevelt, "and found that the
reclamation service had considered the adj
visibility Of building a reservoir at Gore
Canyon In order to develop the lands along
taken, and had not the money to take, any
steps toward building 1t. The lands In and
around that canyon had accordingly been
withdrawn to be held for an inde-nite period
for reservoir purposes. but this had been
done subsequently, to an application by
the Denver Northwestern and Pacific Rail-
way Company for a right of way across
these same lands, and also subsequently TO
an application by the New Century Light
and Power Company for the right to use
the rivers flow for power purposes. The
report of Mr.. Grunsky. consulting engineer,
under date of September %, 1905, mentions
that charges had been made that the re-
clamation service was attempting to OBJ
struct railroad construction in the interest
OF rival roads; this Is alluded to In Mr..
Stewards letter: but. of course, 1t Is a mat
ter about which l do know and can know
nothing.
THE railroad made Its application for the
right of way on January 3. 1903. Its con-
tention was that the subsequent withdrawal
of these lands, while the unapproved appli-
cation of the railway company's right OF
way was still pending, was not sufficient
reason for the denial of the railroad COM
panys application 1t started to construct
its railroad. During the summer of 1890
the litigation went on. the government hay-
ing applied for an Injunction to prevent the
railroad from thus being built through the
proposed reservoir site. In an opinion rem
dered September 8, 1905, by Judge Hallett
of the United States district court of Colo
rado the contention of the railway company
.Was sustained and the case was decided
against the government.
What Decided the President.
when this decision by the court had
been rendered the question was whether
the government should appeal to the higher
court or not. The Department of Justice
Informed me orally that there was no like
lihood of securing reversal of the opin-
ion of the court below. Under such cir
cumstances to continue the suit meant sim
ply to obstruct the building of the railroad
and the opening of the country to no pur-
pose: and with the irritation added to by
the fact that while the railroad was to aid
in the development of Colorado the reser-
voir which the reclamation service hoped
to build was to store the waters of Colo
RADIO for use in Arizona and southern Cali
fornia and not for use In Colorado In the
reclamation service l am obliged to move
carefully because of interstate jealousies
over the distribution of waters, and | do
not like to take action which may seem to
be against the interests of one state or to
sacrifice such interests to the interest or
another state unless the action is clearly
demanded
I'm the case at issue. the Gore Canyon
case such action would have been abso-
lutely unwarranted. The California sena-
tors were very anxious that the reservoir
should be established, and in view Of an
inquiry from Senator Flint on the subject.
Consulting Engineer Grunsky In a letter OF
January II, 1906. stated
q The immediate approval of a project or
OF a series of projects with Kremmling
reservoir as one Of the features Is out of
the question on account of the non-avaii-
ability OF funds. The reclamation fund Is
practically all allotted
The director of the reclama ton service
In a letter of May I, 1906. stated
q AS the reclamation fund has now been
allotted to such an extent that the funds
would not be available at once for the ac-
riorht - in,
such manner it is evident that any further
utilization of this site must be postponed
for number of years.
'Tn other words" said the President, sit
would have been utterly inexcusable to hold
up the railroad from being built through
the Gore Canyon, on the ground that we
wanted 1t for a reservoir site when there
were no funds with which reservoir could
be built: so that for an indefinite period.
covering an unknown number of years. the
canyon would simply have been unoccupied
either by a railroad or by reservoir.
at therefore appears in the first place
that the decision of Judge G. Hallett
Judge whose integrity has never been ques-
toned. showed that we had no right to pre-
vent the railroad from building, and, in the
second place. the condition of the reclama-
ton funds showed that IL we had the right
Ii would have been inexpedient to and i'm
proper to exercise 1t. because, under no cir
cumstances. could the reservoir been even
begun until an indefinite period OF time had
elapsed.
ION December D 1905. the Attorney Gen
eral advised the Department of the Interior
that the suits had been dismissed without
prejudice. and that no further proceedings
were CONTEMPLATED.
II personally went over all this matter
and took cogniZance Of or directed the &C
ton said the President in conclusion. ION
November 3 Mr.. Stewart wrote me, mention
ing that he had not a dollars interest in
the railroad or any Interior or indirect in
terest. except possibly an unconscious bias
in favor OF his own state and it's develop
ment. ANY other decision than that which
| have reached in this case would not only
bava ,aap oIitra but an exCeedfnpIy