The Green Forest tribune., 1908-03-20
Congressman Floyd Opposes
 Standish Power Measure
WHITE RIVER IS .NAvIeABLE
Franchises Could be Granted
 Under Certain Conditions

~~'N~N'N-~N-~'
 My dear MT. Russell:
 In the issue of the Green Forest Trib- une of March 9th, 1908, there appears an article under the head of "Mr. Standish's Water Power Plan," the concluding paragraph of which is as follows:
 "A bill is now pending before Con- gress having been intro oduced by Con- gressman Floyd of this District at the last session, to declare White River not navigable above Cotter, which, if pass ed, will aid wonderfully in the develop ment of this part of the Ozark country .o
 Permit me to call your attention to the fact that this is an error. l did not at the last session of Congress nor have at the present session of Con- gress, introduced any bill to have White River declared unnavigable above Cot ter, or any part thereof declared un- navigable. On the contrary, I am un. alterably opposed to such proposition, and have been since my attention was first called to it by bill introduced by MT. Tyndall, of Missouri, in the 18th Congress.
 In response to numerous petitions sent me l did introdued bill at the last session of Congress "by request" to provide for water powers on the upper White River by means of tun- nelling through bends in the river. This Bill was number H. R. 2i3S5, and especially provided that no dam or other obstruction should be placed in said river for the purpose of diverting the waters of said river into such tun-- nels that would in any way impede or prevent the navigation of said river for boats, barges. or rafting. It is no way affected the status of the river as a navigable stream. This bill was re- ferred to the Committee on Interstate and Foreign Commerce, and submitted by that Committee to the War Depart ment for report as to its merits or de- merits. An adverse report was made to it's passage by General Mackenzie, Chief Engineer of the War Depart ment, in words and figures as follows:
 "December 3t, 1906.
 1. Respectfully returued to the Secretary of War.
 2. The object of tue accompanying Bill, H. R. 21385, 18th Congress, End Session, is to authorize the use of the waters of White River above Cotter, Arkansas, for electric power purposes. The bill is general in it's scope, and if enacted would possibly lead to the diversion of water to such an extent as river and injure it's navigable capacity structed a number of locks Id dams on by Act approved June 29, 1906, Con- lock and dam at point above Lock No.3.
 3. In my judgment, general au- thority for the construction of dams across the upper portion of this river, as proposed by the bill under consider ation, should not bo granted, but legislation of this kind should be linn itea to the granting of individual fran chises at specified localities.
 4. 1 therefore recommend that the bill be not given favorable consideration by Congress.
 (Signed) A. Mackenzie,
 Brig. Gen., Chief of Engineers,
 U. s. Army"
 In the meantime numerous protests were filed against the passage of this particular bill by persons immediately interested in the White River, and especially by the people of Cctter. After giving the matter most careful consideration, I concluded that the objections urged by the Chief Engineer were well taken, and that the bill ought not to pass, and the matter was drop ped.
 Do not understand that l am op- posed to the establishment of water powers on the upper White River pro- vided they arc granted in way so as not to enable any person, company or corporation to acquire monopoly on water rights. I believe that the franchise should be granted to a par ticular person, company or corporation to cut in dam at particular place, within definite time, and that they should be required to maintain lock in such dam at their own expense 50 as not to impede or interfere with navi- gation, and that such lock and dam should be put in subject to the ap- proval of the Secrertay of war. In the event parties undertaking to construct such dam should fail to complete it in the specified time required by law, I think all their rights under the fran chise granted by Congress should be forfeited. Such bill can be easily passed by Congress whenever any per son, company, or corporation desires to obtain such privilege. It is in keeping with the well-established policy adopt ed seven or eight years ago by the Rivers and HarDors Committee. Mr. Brundidge, of our own State, secured such a franchise a few years ago for a Memphis company authorizing the construction of Lock and Dam No. 4, below Cotter. At the first session of the 59th Congress general law was passed relating to this very subject, which is entitled "An Act to Reg ulate Construction of Dams Across Navigable Waters,' which act was