The morning journal-courier., 1908-04-16
FORESTRY BILL
UNCONSTITUTIONAL
Indications Point to Adverse
Decision by Ten of Nine
teen Members of Judi
ciary Committee.
FINAL VOTE TOMORROW
Chairman Holds In Report That Fed
eral Government Cannot Seize
State Lands for Such
Purpose.
FINAL VOTE TOMORROW

|
of Chairman jenkins declaring uncon-
stItutional the Appalachian White
Mountain forestry bin was by him
submitted to-day to the house judic-
larry committee In executive session
and when the committee adjourned at
the call of the house the indication
was that 1t would be concurred In by
at least ten of the nineteen members,
Mr.. Littleleld of Maine, also submit
ted report holding it to be uncon-
stitutional when Mr.. Brantley of
Georgia, handed to the committee
report UNFOLDING the measure as con-
sttutional.
A deciding vote on the bill is ex-
pected to-day.
The Lever-Currier bill, as the APP
palachian measure is officially known.
appropriates S5,00O.00O for the acquis-
tion by the United States govern
ment of approximately 1000. 900
acres of mountainous land in the APP
palachlan and White Mountain chains
TO be obtained either by purchase
agreements, or condemnation pro-
ceedings for purposes Of re-forestatlon
) and forest maintenance to preserve
the stream flows of various water
ways in all but four Of the states east
Of the Mississippi river
Chairman Jenkins, In his report,
. holds that the general government
cannot, under the constitution. invade
. state and take possession of lands
for forestry purposes. lie hinges the
legal problem on the question OF
! whether forestration is an aid to Gre
atng and maintaining the navigabilit,
Of streams within the scope of tho
| constitution and he holds squarelS
/. that 1t is not
Following are excerpts from the
/ Jenkins report:
| Congress having power to regulate
4 commerce between the states has al
!. unquestioned right to improve navl
\ gable streams and may. for that pur
pose and to that end. take land when
I ever, in the Judgment Of congress I
4 is necessary to the proper exercise o
i that power. But an entirely differen
/, question is presented when the United
i States attempts to acquire forest land
I. because II is claimed by some-not b,
+ all that II will cause rain to fall an
i thereby increase the flow of tn
!. stream. If tho use Of the land IL Z
( assist in the execution OF some powe
u OF government, different question
/ presented. a careful read
Z ing of all the enumerated powers con
tanned in the constitution falls to dis
. close any authority on the part q
r congress to acquire lands for nationa
l forestry purposes unless as an aid an
betterment of navigation, It is clearl
= unconstitutional.
"Unauestlonahly congress has III
A mower to improve navigation under II
- power to regulate commerce, for CON
Is merce includes navigation and trans
portation by water as we'll rs by LAM
- and control Of all accessible water
But just how the acquisition of Ian
/, for forestry purposes will regulai
- stream flow or improve navigation 1
. II LOT lHB DIfSFlils lhAll'l SItNuihAiNff
=. IF the end sought Is the increase
:. the flow Of streams and improvement
"A of navigation and that Is the principj
- matter. why not apply TO congress f.
! Improvement Of rivers involved; and,
y congress in its wisdom decides upC
the Improvement, no person will riS
!, his reputation by insisting that 1t
-, necessary and proper to acquire Il
' mountains and forests involved In o
! der to improve navigation. Every pc
- son interested knows that congre
!, does not intend Ny the purchase or
the acquisition of the lands to tai
any steps af1irmatively toward the If
80 provement of the rivers affected; tn
. !, the Improvement of navigation will
. on Just the same with or without {
ACQUISITION of the lands, and that t
talk of Improvement OF navigation al
the regulation of commerce Is TO S
ZEN cure lands for forest purposes witho
reference to the effect upon CONNER,
1t is a matter of common knowled
ne that the purchase of the lands will I
ere bring commerce; that the increase
m the flow of streams Is not called for
me the interests Of commerce, that ma
OF of the streams in question have ne,
.er been used, and cannot be made navie
Iht BILE as instrumentalites Of commerc
IL "Tn answer to the resolution of
ing qulry the committee Is of the opni
that the national government has
right to acquire lands for national Il
IS cstry purposes"
lies MANUAL TRAINERS ElE(