The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1909-11-30
BALL|NCFR RECON-
MENDS new LAWS

Important recommendations urging
remedial legislation by congress for
securing the best use o. the remaining
public lands are the principal features
of the annual report of Secretary of
the Interior Ballinger, made public yes
terday. These recommendations in
clude specific authority to classify and
segregate lands into well-defned di-
visions, according to their greatest ap-
parent use; legislation designed to con-
serve coal deposits as a public utility,
and authorizing the classification and
disposition of all lands capable of be-
ing used for water power development
under the interior department.
In connection with the coal lands, the
Secretary says:
As regards new legislation, the
present coal land laws respecting the
states and territories, as well as
Alaska, should be supplemented by an
act fully meeting existing as well as
future conditions. The inducements
for much of the crime and fraud, both
constructive and actual, committed un.
der the present system can be pre-
vented by separating the right to mine
from the title to the soil. The surface
would thereby be open to entry under
other laws according to its character
and subject to the right to extract
the coal. The object to be attained
in any such legislation is to conserve
the coal deposits as public utility
and to prevent monopoly or extortion
in their disposition. This may be ac-
complished either through a leasing
system, by which the title would re-
main in the government, under proper
regulation and supervision by the Sec
retory of the Interior, or through the
sale of the deposits, and in either case
with restrictions on their mining AMI
use which would control the minimum
output and conserve the deposits as a
public utility.
81 believe the most advantageous
method will be found in a measure
authorizing the lease or sale of the coal
deposits in the lands, subject to for
feiture for failure to exercise the
rights granted, under such reasonable
regulations as may be imposed. An
exploration period of at least one year
upon a permit basis, at a nominal
charge, would insure to the applicant
the necessary preliminary knowledge
upon which to make the lease or pur-
chase of the coal deposits and venture
the necessary investment for opera
tion. The maximum unit authorized
for this use could safely be made from
three to five sections, provided no great
er surface rights be granted than will
give proper facilities to reach and ex-
tract tn ecoal deposits.
''In cast of failure Of the lessees or
grantees to open and operate the coal
deposits under reasonable limitations
and to maintain an output reasonably
suited to the deposits, and in case of
combinations as to price or limitation
of output title should be forfeited by
proceedings in court for that purpose.
Goverment mine supervision would
doubtless be necessary to enforce the
conditions and limitations under the
grant.
"The above suggestions with refer
ence to the disposition of coal deposits
are equally applicable to the oil and
gas fields in the public domain, and
similar legislation as to lands contain
ing the same is herby recommended. -
In the matter of water-power sites,
Secretary Ballinger says:
off the federal government desires
to exercise control or supervision over
water-power development on the pub
lie domain, it can only do so by limita-
tions imposed upon the disposal 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
/ would, therefode, advise that the
congress be asked to enact a measure
that will authorize the classification of
all lands capable of being used for
water-power development, and to di.
rect their disposal, through this de-
partment, under substantially the fol
lowing 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 transmit
ting electrical power for private and
public use, and for the storage of wa.
ters for power, irrigation and other
uses;
"2. That such easement be granted
for limited period, with maximum
of at least thirty years, and the option
of renewal for stated periods upon