The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-11-30

the adjustment of these land grants.
I therefore recommend that con-
gress be asked to make an appropria-
ton sufficient to survey these lands,
impose a lien upon them for the re-
Endorsement of the cOs thereof, and
give authority to compel a prompt
reimbursement.
Power Sites-In anticipation of
new legislation by congress to pre-
vent the acquisition of power sites
on public domain by private persons
or corporations with the view of
monopolizing or adversely controll-
ing them against the public interest,
there have been temporarily with
drawn from all forms of entry ap-
proximately 603,355 acres, covering
all locations known to possess power
possibilities on unappropriated lands
outside of national forests. Without
such Withdrawals these sites would
be enterable under existing laws, and
their patenting woulo leave the gen.
eral government powerless to impose
any limitations as to their use.
If the federal government desires
to exercise control or supervision
over water power development on the
public domain, it can only do so by
limitations imposed upon the dis
posal of power and reservoir sites
upon the public lands, the waters Of
the streams being subject to state
jurisdiction in their appropriation
and beneficial use. l would, there
fore, advise that the congress be ask
ed to enact a measure that will au-
thorize the classification of all lands
capable of being used for water
power development, and to direct
their disposal, through this depart
ment, under substantially the follow
ing conditions:
1. That the title to such lands be
reserved in the federal government,
and only an easement granted for
the purpose of developing and trans
uniting electrical power for private
and public use, and for the storage
of water for power, irrigation, and
other uses;
2. That such easement be grant
ed for a limited period, with a maxi
mum of at least thirty years, and the
option of renewal for stated periods
upon agreed terms;
8. That entery shall be accom-
panied by plans and specifications
covering the works sought to be in
stalled, and covering the maximum
horsepower capable of development
at such site; also, that a substantial
entry fee be paid to show good faith,
and that a transfer to the United
States of the necessary water rights
to permit of the estimated power de-
velopment be made;
A.. That the construction period
allowed entrymen for the develop
ment of at least 25 per cen of such
power shall not extend beyond four
years, or such further time as may
be granted by the secretary of the
interior upon a proper showing;
5. That a moderate charge shall
be made on the capital invested, or
upon the gross earnings of the pro-
ject for the first ten years of opera
ton, adjusted at each subsequent
ten years period, and equitably deter
mined by appraisement;
s. That all rights and easements
shall be forfeitable for failure to
make development within the limita-
lions imposed or upon entry into any
contract or combination to charge or
fix rates beyond a reasonable profit
on the investment and cost of opera
ton or entry into any agreement or
combination to limit the supply of
electrical current, or failure to OPP
crate the plant; and,
Z. That all books and accounts
shall always be subject to the inspec-
tion of the department.
Unreasonable or narrow ~restric-
tions beyond the necessity of public
nrntnatinn ooainct ponponNIu - n w
tortion in charges, will of course, de-
feat development and serve no USE
full purpose. The statute should,
therefore, while giving full public
protection against the abuses of the
privileges extended, so far as con-
sistent, encourage investments in
these projects; and it must always
be borne in mind that excessive
charges for the franchise will fall
upon the consumer. Legislation of
this character proceeds upon the
theory that congress can impose such
c~ontractual terms and conditions as
it sees fit in the sale or use permit
ted of government lands so long as
such limitations do not conflict with
the power properly exercised by the
state wherein they may be situated.
GENERAL Land OFFICE.
The total cash receipts from the
sale of the public lands, including
fees and commissions, were $685.
227.7O. In addition thereto there
were received from the sales of In
dian lands 1851, 051.08; reclama-
tion water right charges, $780,
49O.93; amounts recovered from
d~epredations on public lands, sales
of property and copies of records,
$17O,645.6S, making the total cash
receipts from all sources in connec-
tion with the public lands $12, 216,-
415.39-the largest amount received
during any fiscal year, except the
year 1908.
The excess of receipts over all ex-
penditures and estimated liabilities
of the public land services is $9,494,-
925.40.
RECLAMATION SERVICE.
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