The Washington times., 1908-04-17
FOREST RESERVE
PLAN UNLAWFUL
COMMITTEE AYERS
Jenkins Says Commerce
Does Not Demand Ap-
palaChian Tracts.
States Would Waive
Rights for Material
Advantage.

With an adverse report of fourteen
printed pages, crowded with legal lore,
the House Committee on judiciary
killed the plan 10 have the United
States Government buy blocks Of noun
tains from New England TO Florida and
convert them into d gigantic national
forest reserve.
Judge John J. Jenkins, chairman Of
the committee. is author Of the report,
which recommends no action on the
project, for the reason that the Federal
Government. under the terms Of the
Constitution. has no right 10 establish
such q reserve Had the project been
carried through It would have cost
more than S1.0OO 10000 and would have
resulted in the Government buying Il
large part OF the Appalachian and
White Mountain ranges.
Such Il forest reserve has been advo-
Gated by the governors Of the States
interested. by nearly 1000 commercial
and business bodies and by a majority
Of the members Of Congress from the
States affected by the proposed i'm
pTUvement. IN addition 10 this. mem
hers Of the judiciary Committee have
been overwhelmed with letters from the
valleys N both sides OF The ranges.
I urging ti.at the reserve be established
Not Demanded by Commerce.
In answer to the argument in favor
Of the pro1ecJ that Ii would aid In regu
lating commerce since It would serve
TO preserve the streams in a nsviga bic
condition by regulating and making
perpetual the flow Of streams, Judge
Jenkins reports:
Every person interested knows that
Congress does not intend by the pur-
chase or by the acquisition Of the lands
TO take any steps aEirnatively toward
the Improvement OF tFe rivers affected .
that the Improvement Of navigation
viii go on Just the same with or with
out -Ec rcqMsitiCn OF the lands ami the
talk OF the Improvement q navigation
and The regulation OF commerce is 10
secure the land for forest purposes
without reference 20 the effect upon
navigation or commerce. It Is 2 matter
of common knowledge that the pur-
chase OF the lands win not bring com
merce; THAI the increase OF the fow OF
streams Is not called for IN the interest
OF commerce; that many Of the streams
have never been used and cannot be
made navigable as instruIlentauties Of
commerce.
In other words. the demand for the
acquisition or the lands is not in the
interest or either navigation or COM
u-crCe. Il is too plain for discussion
that the sole aim and object is The aC-
QUESTION Of lands for forest purposes.
So the whole proposition must be con-
sidered as an acquisition Of lands for
forest purposes
Congress Lacks Right.
Turning 10 this side OF the question.
the committee denies outright that Con-
gress has the right TO 20 into the States
affected and acquire the lards for for
est purposes. saying that, Il this were
done. the bars would be let down
and all powers and rights OF the States
could be dispensed with The commit
tee takes this shot at some OF the States
affected
Some Of the States of the Union have
been very sensitive about excessive
Federal power. but raise no voice
against its exercise when the benefits
1 accrue to them. Forever hereafter they
should hold thel- peace"