The Birmingham age-herald., 1908-04-05


 "The state owns the fee to the bed
 of the navigable stream and the proper
 ties of such streams and the state sur
 rendered or delegated to the federal gov
 ernment the supreme right to use and
 control the navigation of these nayigable
 streams All other interests, functions
 and properties in navigaAle stream,
 whatever they may be, such as water
 power, water supply for domestic uses,
 and so forth, are held and eNerclsed
 by the state, subordinate to the right
 that the government has in navigation
 aJd navigation only. Therefore l say
 that any improvement made by state
 O. under the authority of the state
 must be in harmony with this principle
 If such an improvement oe made by the
 state, the federal govern nent has the
 right to say what effect such improve
 ment has on the navigation of the stream,
 and for this reason the consent of the
 government ought to be secured. Neith-
 CT can an improvement or other building
 ae placed on that navigable stream with
 cut the consent of the state.
 Tt behooves us to look at this matter
 practically and make & practical applica-
 ton. It Is useless to hold up the ordinary scareerow'-a monopoly. l assert with
 out hesltancy that the monopoly Will
 follow when you break down the con-
 stitutional limitations that safeguard
 these great tributaries that God dedlcat-
 ed to the use of the people who nave
 the good fortune to occupy the lands
 through which they flow. The people,
 tell you. MT Chairman are not
 alarmed at this cry of greedy monopolles
 soizing and appropriating these great en-
 ergles that have laid dormant and run
 to waste for unnumbered years of the
 past We know, especially in the states
 of the south, what these water powers
 mean as allies of our future growth
 and prosperity. We have seen these great electric energies running to waste for years while we we'll know if they were i utilized which they. could be under l. l liberal policy, that they would run all i the spindles of all the cotton mills of 1 the south now and that would come to US in the future-they would run every 1 wheel of industry in our state.
 l Electric railway line propelled by this 1 rower would traverse our states, giving 1 impulse to prosperity and wealth. know ing these things and with such an eN- perienee are not passive upon the sug- l gestion of a policy that will better, ham l Der and prevent the development of our 1 water powers. The states reserved these 1 rights for the individual benefit, com l fort and convenience of the people of the , states These rights that belong to the l reople of the state in navgable rivers 1 are of the class of police rights, and { to encroach or infringe upon them by the 1 federal government is as much viola . 1 ton of the constitution to deny the state the right to pass criminal laws l and provide penalties for the violation ] Of the same It would be equally excus- | able to deny invade or circumscrbe the ! Light of the state to provide for and l ,rotect the health of it's people.
 ] "under the contention of our minority leader (Mr Wlliams) the federal gov 1 ernment can, with equal right and pro 1 prety, require a rental charge of the 1 sewmll that is located on the banks i of a navigable stream. With same com l placency charge could be placed on ' the fish trap placed by the enterprisins 1 owner of the banks on one of the nav l igable rivers It could demand that 0 1 water meter be used by all water com 1 Janies that use water for domestic pur- l poses from these navigabe streams, so as 1 to graduate or determine the amount the l f5deral government is entitled to for using | the water of these navigable streams | that belong to and are owned by the 1 government. We have heard of vast coal | feds that have been developed under | the beds or bottom of navigable rivers. 'Of course, under the theory advanced by the President, the Utited States