The Birmingham age-herald., 1908-02-28
Federal Acquisition of Forest
 Lands Is Condemned
MAKES FORCIBLE SPEECH
House Judiciary Takes Up Appalachian Forest System Plan and Geor- gan Declares Measure Is
 Unconstitutional.

Washington, February 27.-Hearings were begun today before the House judi ciary committee on the constitutionalty of the proposed acquisition by the govern ment ''of lands more valuable for the reg ulation of stream flow than for other pur- poses and situated on the watersheds of navigable streams in the southern Appa- lachian mountains within the states of Maryland Virginia. West Virginia, North Carolina. South Carolina, Georgia, Ala bama, Kentucky and Tennessee and in the White mountains within the states of New Hampshire and Maine"
 Clifford Pinchot, chief of the bureau of forestry of the United States, and F. l. osborn of Charlotte, N. C., were among those who spoke in support of the con stitutionality
 The constitutionality was denied by Representative Bartlett of Georgia.
 The Lever-Currier bills, authorizing the acquisition of these watershed lands and approprating s50Oo,0O0 for that purpose, were referred to the. House committee on agriculture, before which appeared lately a delegation comprising all but four of the states east of the Mississippi river and led by Gov. Hoke Smith of Georgia, in be- half of the proposal. Subsequently Rep resentative Bartlett introduced resolu ton citing the Presidents urgent recom-. mendation of the aquirement of such lands and rweferring the question of the bills to the committee on judiciary. To- days hearing preliminary to that committees report, which it is conceded will either prevent the Lever-Currier bills from further consideration by the agricul- tural committee or will give them strong impetus toward final passage Those who supported the movement for the proposed requirement took the posi- ton that while the constitution does not empower Congress to create the reserve, authorization is ontained in the general constitutional nyovie..J2 aldt ( ongrcss has to perform all acts to the constitution 0f purposes specifically authorized They ar gued that the preservation of the fores- alton of the watersheds and headwaters of navigable streams in the states mem toned is in aid of interstate commerce because the navigablity of those streams depenuds to a certain extent on the con- trol of the rain waters which feed them; that the power of the government to leg islate in the interest of interstate com merce includes the subsidiary power of preserving navigability by acquiring watershed and headwater lands.
 Representative Bartlett of Georgia, in taking the opposite side of the question:, made an impassioned speech, denying the right of the federal government to invade state territory and acquire arbitrarily lands within it's borders. He quoted As sociate Justice Brewer of the supreme court of the United States in a decision affecting the arid lands which occasiined Justice Brewer to lay down the prin ciple that the extent of the governors rights in the states of the west in the reclamation does not include the right of condemnation of private lands, and held that 'It would be strange, in the absence of a definite grant of power, if the na- tional government could enter into the states along the Atlantic and legislate in respect to improving by irrigation or otherwise the lands within their bor- ders."
 Replying to a question as to whether the proposed acquisition of Appalachian and White mountain lands was not with in the meaning of the general welfare clause. MT. Bartlett said
 'The power proposed by these bills was condemned by the silence of the con- stitution and is condemned by the most recent enunciation of the supreme court of the United States. Let it be propound- cd as an eternal question to those who build new powers on the clause 'neces- sary and proper whether the latitude of the constitution which they arrogate will not terminate in an unlimited power in Congress. If such legislation is with in the powers of Congress then can all power be centralized in the general gov ernment and the state governments will be governments in time only Then in- deed will centralization triumph, and the American idea of sovereign states with sovereign powers, rights and duties will become but a memory of past genera tion.'
 The hearings will be continued tomor- row.