New-York tribune., 1908-02-19
ACQUIRING FOREST PRESERVES.

AT an early date" is a phrase which occurs
in the resolution recently adopted by the House
of Representatives asking the Judiciary Com
mittee for its opinion to the cOnStitutionality
of the federal purchase of lands for forest pre-
serves and which ii is earnestly to be hoped
that committee will keep in mind in its de
liberations Some persons have assumed that
the adoption of the resolution practically killed
at least sheIved for this session the Appala-
chian forest reserve bill. 1t would be deplOrabe
were such to prove 10 be the case, but we can
not believe that it will. The Appalachian bill
will probably not he acted upon until the report
Of the committee is received, and may not be
passed if tie opinion of the committee is un-
favorable. But the committee surely ought TO
make its report. according to It's instructions,
''at early date" sufficiently early to permit
action upon the bill before the end Of the ses-
sion.
That the opinion of the committee will he
favorable to the bill. and TO the effect that the
acquisition of land for forest preserves is CON
stitutional. it seems unreasonable to doubt. No
body. we should say, but phcnomcnaly ex-
treme strict constructiOnist'' could well hold
otherwise. It Is true that the Constitution does
not specifically mention forest preserves in states
where no public domain exists as objects Of
permitted federal acquisition. Indeed, it does
not explicitly authorize the federal government
TO purchase any land for any purpose. But it
does certainly imply the federal power of ac-
QUESTION since it provides that Congress shall
have authority over the Federal District upon
it's cesson and acceptance and "over all places
purchased by the consent Of the Legislature OF
'tbe state in which the same shall be- 1t does
not speak of forest preserves as such places
purchased" but names only forts, magazines
"arsenals. doclyards and other needfui build
fpafG hn Of hf,J,
land is assumed to be purchased. But the rea-
sOnah!e Interpretation is that, with the consent
of the Legislature of the state concerned the
federal government may purchase any land
needed for public purposes. Certainly it has
acquired without dispute or challenge many
pieces of land for other purposes than forts
magazines. arsenalS dockyards and other
"needful buildings" If it can acquire land for
national cemetery. for a drill ground for
troops. or for national park" why not for
forest preserve?
It is. of course to be assumed that the CON
stitutional question is raised in good faith and
that the reference TO the Judiciary Committee
is Intended 10 determine that question and thus
possibly obviate contest in the courts, and
that there is no intention merely to DELAY and
II possible, defeat the pending bill for the crea-
ton OF forest reserves in the White Mountains
and the Appalachians That bill is more gen
orally favored by all branches of the govern
ment at Washington than almost any of the
kind which has been proposed in recent years
1t has the earnest support Of the governments
and people Of the states concerned, and IS not
opposed. so far as We can ascertain. by anv
considerable number of persons in any part of
the country Its desirability. indeed its
urgency. must be apparent to every intelligent
observer. The famine prices of lumber In our
markets and the disastrous floods which at
this very moment causing incalculabIp
losses III the regions affected by this bill are
concrete arguments which should he convinc-
ing 10 those who nothing for noble scenery
or Tor tine health and pleasure Of the people. We.
have no doubt that the floods of this winter and
spring on Appalachian and White Mountain
streams will cause losses far exceeding the
entire cost Of creating forest reserves which
would reduce those floods To an. insignificant
minimum.