Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-04-27
Clifford Pinchot, Government For
ester, Sets Forth the Sub
ject In a Letter.
HE ANSWERS COL ORAD0 MAN.
Appropriation of Water. Unlike Graz
ing Privileges, is Subject Only to
state Laws, He says.

| lowing letter was sent tVupI tViA' -NN-
Clifford PInchot, forester of the United
States department OF agriculture to Sir
II. J, Holmes, editor of the Avalanche,
GIenwood Springs, Colo:
MIR. Fl. j. Holmes, Editor. the Ava
Ianche. GlehwOod Springs. Colo.
| Dear Sir; An unsigned letter 10 tho
| president ON paper bearing yonr letter.
head, dated March IL. and which sup
pose was written by you. has been re"
terred to me for reply. The recent adj
dillon to the national forest near Glen
wood Springs, lies north and east OF the
| town and is, In fact, Il southern eS-
tension OF the White River National
/ Forest, but for convenience was includ-
| ed In the Holy Cross National Forest
though not contiguous with It, This
addition protects large par! on the
| watershed from which Glenwood
Springs takes its water supply be-
| lieve that the reservation of this tract
as national forest land will prove sub
stan TALLY beneficial 10 Glenwood
Springs and to Garfield county ] VIII
answer the questions prOpOunded in
! your letter In their order:
| ID The forest service is not collect
Ing taxes, The fees collected by it are
| nothing more than a fair compensation
! for special and exclusive privileges in
the national forests. whose preservation
is of the utmost Importance for the
| prosperity of the west The total
amount collected each year Is INSULT
Client TO pay the annual cost of main-
tanning this great benefit TO the western
| people
NO ANALOGY.
(2) There is 40 analogy between the
| benefits conferred upon the Atlantic
| coast fish ermen by the revenue cutter
service and those conferred upon per-
sons who are given exclusive rights to
use natiOnal forest land and resources.
(S) If the United States had iurisdtc-
| ton over the grand banks of New Wound
land, and could preserve the cod from
threatened extinction and Increase the
annual catch by administrative regula-
tion and supervision, and by granting
| exclusive permits for the rig t TO fish on
| the banks, II could Justly make rea-
| sonabe charge TO such favored permit
| tees to defTay the expense of admin
istratton, Something ike this has been
| dome by Connecticut and New York
wi I'M respect TO the oyster tlshel-yin Long
Island sound 10 the great advantage
OF those states and the industry affect
ed This is analogous to the giving of
grazing permits by the forest service
upon the payment of a fee
CD i understand that the engineer
| Ing works oil the Mississippi river are
| constru cited and maintained by the
| United States 10 improve navigation for
the benefit OF all citizens, and the ex-
| pense is paid by taxes contributed by
all Any protection from overflow that
results from these works Is subsidiary
to their main purpose, Levees erected
| for the special purpose OF protecting
4 lands from overflow might justly BIO
1 paid for by special taxes upon the lands
so protected. and | believe this is done
1 by the laws of certain states, The for
est service, la like manner. makes rea-
| sonable charges for the special benefits
conferred by 1t upon persons taking
| permits for the exclusive use Of the for
| ests.
UNCLE SAM, TRUSTEE.
~ The government, with respect to
It's lands, is the trustee, not merely OF
the few who wish to enjoy special AN
exclusive privileges and so nlonopolize
the public lands but of the people at
| large. AS trustee II IS the duty of the
L government TO secure to the henetlcl
aries equal shares In such distribution
| OF the trnst fund as may be desirable,
and TO permanently preserve those mat
uTal resources upon which the pros per-
ity OF the whole country depends, from
the waste and destruction that have
everywhere accompanied unregulated
| exploita ton. Therefore, the govern
ment freely gives it's agricultural lands
10 bona tide homemade and allows
the private appropriation OF lands con-
tanning minerals, but has reserved the
! forests To secure q permanent supply
OF wood and water for the people OF
the west, while allowing to all OF them
| ON equal terms, the freest use OF all
| national forests that il consistent with
that object, This is In accordance with
the grant by the Constitution TO Com
gress of power over the public lands,
and is a wise exercise of the trustee
ship 10 which your refer.
(6) The United States Is. at great eE-
pense preserving permanent supply
OF wood and water for the people OF the
state and county, and Is not charging
enough In fees To pay the cost of such
preservation. Out of these fees one
tenth is nevertheless generously given
FOR roads an schools I'm the counties
1 where national forests are situated. For
this. among other reasons II shoult
| not pay Nes TO the state OF Colorado
or To Garfield county. 1T Is an elemen'
tary principle that the measures OF the
government FOR the welfare OF all tho
people should not be hampered by Local
taxation,
COURTS ARE OPEN.
Ci) The courts are open to those who
believe that II Il illegal for the forest
service 10 charge for the exclusive us,
OF national forest land. The attorney
general has given bis opinion that such
charges arc lawful, and this has never
been denied by any court. Some ques-
tiOn has been raised whether persons
who Craze stock ON natlonal forests
without such payment as the regulA-
tOns require, may be restrained only
by Injunction or other civil action 81
may also be punished CTiminally, Con
gress has specifically provided for sucf
criminal punishment and though some
Judges have considered this an over
stepping Of the limitations upon TN
power OF Congress. the later decisions
uphold MS power and sustain the Grim
imal provisions OF the law and the regu-
lationa Such was the decision OF Judge
| De Maven M San Francisco on Oct. .
1906 Of Judge Beatty az Boise on Marcel
A. 1907 and OF the supreme court Of
Arizona In an earlier case In IL oiyi
ease The United States circuit court Of
appeals at San Francisco on March 2
1909. upheld the statute and the resuln
lions, and Judge Hunt asa the same al
Helena ON March 49, 1891. ] do nOt be
ileve that many users Of the nationa
forests Will be so foolish as 10 forfeit
the preference TO which their former
use entities them, In the face Of suef
strong legal authority IN support OF lht
position Of the forest service In TINS
matter.
SETTLED HERETOFORE