The Montgomery advertiser., 1908-05-14

principle that the property rights of the individual are subordinate to toe rights of the community. and especiai- l derived originally from the State. irl- l yolving as 1t would the impovertsh- ment of the State and its people and
 thereby defeating one great purpose l of government. may properly be pre- l vented bv State restrictions. .trts
 s'The court says that there are two l reasons why the right of the public to | control and limit the use of private l property Is peculiarly applicable to I property in land: First. such proper | ty IS not the result of productive labor l but is derived solely from the State It. | self. the original owner; second, the amount of land being incapable of in- | crease. if the owners of iv ge tracts can waste them at will wiIi1ut state
 may Dc helplessly impoverished and | one great purpose of government de- | feated. We do not think the take private property within the in- hibition of the Constitution, While 1t | might restrict the owner of wild and
 uncultivated lands in his use of the might delay his taking some of the product might delay his anticipated | profits and even thereby might cause hlm some loss of profit. it would nevl ertheless leave him his lands. their | product and Increase. untouched, and l without dfnlinution of title. estate. or | quantity. He would stlll have large
 
 tunlty to realize values. He might suffer delay but not deprivation. The proposed Legislation would be within the legislative power private. property for which compensa- ton must be made
 The Court of Errors and appeals of New Jersey has adopted similar view. which has recently been sustained by the Supreme Court of the United States. In delivering the opinion of the Court on, April 6. 1908. Mir. Justice Holmes said: The State as quasi sovereign and representative of the interests of the public has a. standing in court to protect the atmosphere. the water, and tiies forests within it's territory, irre- spectiye of the assent or dissent of the private owners of the land most imrne- dIately concerned. ss It appears to us that few public interests are pendent of particular theory than the interest of the public. of a State to maintain the rivers that are wholly within 1t substantially undins nished. except by such drafts upon theet as tn e guardian of the public welfare may permit for the purpose Of turning them terest Is omnipresent wherever there is a State. and grows more pressing as population grows. We are of opinion. further. that the constitu. sons It's natural advantages shall remain unimpaired by its citizens Is not de- pendent upon any nice estimate of the to future needs The legal conception of the necessary Is apt to be connned to somewhat rudimentary wants. and I there are benefits from great river that might escape a lawyers view. But the State is not required to submit sven to an aesthetic. analysis. Any analysis may be inadequate. It hnds Itself In possession of what all admit to be great public good. and what 1t has. 1t may keep and give no one a reason for
 "These decisions reach the root of the idea of conservation of our re- sources In the interests of our people.
 Finally. let us remember that the conservation of our natural resources. though the gravsst problem or today. today. problem to which, this nation Is not yet awake. but to which 1t will awake in time, and with which it must hereaf- ter grapple If 1t ls to lNe-the prob lem of national efficiency. the patriotic duty of insuring the safety and con- tinuance of the .natd6n.'
 When the. people ot toe United themselves as citizens, and the nation and the States in their several spheres, to the highest pitch of excellenee In do this because 1t Is the first of all the duties of true patriotism. then and not till then. the future of this nation, in quality and in time, will be assured.
 Cheered by Governors.
 The disposition to express free their sentiments was induIged in on the part of Governors throughout the Presi- dents speech which occupied ten min uteB sh ort of an hour He was ap- plauded. and cheered many times and when. after giving praising estimate of the work of the Inland Waterways | Commission he remarked parenthetf- calIy, The Commission ought to be perpetuated and If Congress does not l see fit to do so I shall do 1t myself the gathering was fairly stampeded by l cheers. applause. shouts and laughter
 When the President had finished he | made the suggestion that at the after | noon session a Committee on Resolu- | tions should be. appointed. Merely IS suggestion, he said, the following l names for this committee had been | mentioned: Governors Blanchard of Louisiana, Fort of New Jersey, Cutler | of Utah, Davidson of Wisconsin and | Ansel of South Carolina.
 After the President had stated fur | ther that it might expedite the work | of the conference to have all sugges- tions for action referred to this com mittee, he yielded the floor to Cover | nor Johnson of Minnesota. who moved | that the suggestion of the President re- | EardinE the Committee and its per sonnel be adopted by the convention.
 This motion was put by the Presi- | dent and carried without discussion or opposition.
 The suggestion of the President that | speeches by experts be limited to twen- ty minutes duration also was made | rule of the convention on motion of l Governor Johnson.
 The session ended at noon when the | President and Vice-President gave an | informal reception to those who had | attended the meeting. Immediately af- terwards he met the Governors. Am | bassadors, Justices of the Supreme | Court and others who were his guests | last night in the blue drawing room.
 After the reception the Governors | assembled on the portico of the White House with the President and Vice President and specially invited guests. | who included W. J. Bryan, Andrew | Carnegie J. J. Hill and Gustav | Schwab, where several groups of pho tographs were made. | President Roosevelt opened the after, noon meeting and then called Cover nor Noel, of Mississippi. to the chair | to preside, explaining that his duties would not permit of his being in con stant attendance at the conference.
 Andrew Carnegie Speaks.
 Introductory to his remarks on The | Conservation of Ores and Related Min | erals" Andrew Carnegie departed some- | what from his written remarks when | he declared that most Presidents fol- | lowed precedents, that President Roose- veIt initiates them He expressed 6 hope that when the conference ad- journed it will do so at the call of |