The sun., 1909-11-29
WHAT BALLINGER STANDS FOR
CONSERVATION OF RESOURCES
UNDER NATIONAL. CONTROL.
FaVOrs Giving Development TO Private
Enterprise Under Easement for
A Limited PeriOds-special suggestion
for saving Alaska Coal Lands.

tOE SAWu3 Aihsha AV~i A@"us'
WASHINGTON. Nov. 2s.-A strong recon-
mendation that the public lands and other
o., natural resources shall be held in the
control OF the Federal Government. that
the land laws shall be so changed as to
prevent further depredations on the
public domain and an emphatic decia-
ration Of his belief in the policy OF con-
servation briefly summarize the first
report Of Richard A. Ballinger as the
~ Secretary OF the Interior.
ss; Unusual interest attaches to the report
= Of Secretary Ballinger owing to the
recent heated controversy between Mr..
Ballinger and officials of the Forest Ser
= vice; the charge having been made re-
peatedly that the Secretary OF the Interior
was inimical TO the policy Of conservation
embarked upon by the preceding admin
'istration. Secretary Ballingers report.
IL Is known, was scrutinized by President
Taft before il was given out for publica-
tion and reflects the attitude the Admin
istfation will assume in the matter OF
conservation. The Taft policy is ex-
}. pressed briefly in this statement taken
from Secretary Ballingers report:
"In this present policy Of conserving
the natural resources OF the public do
main. while development is the keynote.
the best thought OF the day is not that
y development shall be by national agen-
~. .cies. but that wise utilization shall be
!. :.seoured through private enterprise under
y national supervision and control"
Z During the Ballinger- -Pinchot contro-
= versy the charge was made that under
= the present administration OF the public
domain valuable water power sites would
,.,asventually fall into the hands OF private
z monopoly. In his report Secretary
Z Ballinger says that in expectation of
legislation by Congress to prevent the
\ 4 acquisition OF water power sites on the
public domain by private persons or
corporations there have been tempo
erarfly withdrawn from all forms OF entry
Y approximately COS. .355 acres. Without
such withdrawals. he points out. these
.. sibes would be enterable under existing
: laws and their patenting would leave
" the Government powerless to impose
any limitations as to their use. Sec
retary Balinger then outlines a policy,
=, which will require action by Congress
before II can become effective. whereby
the Government shall retain control
4 over water power and reservoir sites
- on the public domain.
Il would advise he says. that the
80 Congress- be asked to enact a measure
that will authorize the classification
. OF all lands capable OF being used for
their disposal through this department
under substantially the following con-
4 ditions:
First--That the title to such lands be
y reserved in the Federal Government and
only an easement granted for the purpose
OF developing and transmitting electrical
power for private and public use and for
the storage Of waters for power. irrigation
and other uses.
second-That such easement be granted
for q limited period. with a maximum Of
at least thirty years. and the option OF re-
nswal for stated periods upon agreed
fhird.- That entry shall be accompanied
by plans and specifications covering the
works sought TO be installed and covering
the ma xinium horsepower capable of de-
velopment at such site: also that a substan-
tial entry fee be paid to show good faith
and that transfer to the United Sta tes OF
the necessary water rights to permit of the
estimated power development be made.
FouTth-That the construction period
allowed entrymen for the development of
at least IS per cent OF such power shall not
extend beyond four years. or such further
4 time may be granted by the Secretary
of the Interior upon a proper showing.
Fifth-That a moderate charge shall be
made on the capital invested or upon
Z the gross earnings OF the project for the
each subsequent ten year period. and equi-
tabiy determined by appraisement
-'Sixth-That all rights and easements
I. ehall be forfeitable for failure to make de-
velopment within the limitations imposed
or upon entry into anycontract or combina-
4 tion to charge or fiX rates beyond a reason
4 able profit on the investment and cost OF
Operation or entry into any agreement
or combination to limit the suplpy Of cleo
trical current or failure to operate the
plant; and
/. 4 Seventh-That all books and accounts
ahall always be subject to the inspection Of
the Department.
The immediate provocation for the
Ballinger-Pinchot row was based upon a
charge involving tremendously valuable
coal lands IN Alaska; II was alleged
that Mr.. Balinger had shown an undue
interest IN Fastening to patent claims for
coal lands in which the Cunningham
interests. which he had formerly repre-
sented as counsel, were concerned. In
this connection he makes an important
Recommendation with a view to pre-
venting monopoly or extortion" in the
disposition OF lands bearing coal. On
this point he says:
"As regards new legislation the present
coal land laws respecting the States and
Territories a. well as Alaska should be
supplsnted by an act fully meeting existing
- well as future conditions. The induce
ments for much OF the crime and fraud,
both constructive and actual. committed
under the present system can be prevented
by separating the right to mine from the
title to the soil The surface would thereby
be open to entry under other laws accord
ing to its character and subject TO the
right 20 extract the coal. The object to be
attained In any such legislation is to con-
serve the coal deposits as a public utility
and TO prevent monopoly or extortion
in their disposition. This may be accom-
plished either through a leasing system
by which the title would remain in the Gov
ernment under proper regulation and
supervision by the Secretary Of the Interior
or through the sale OF the deposits and
in either case with restrictions on them
mining and use which would control the
minimum output and conserve the de-
posits as a ublc utility
Il 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 forfeiture for failure
10 exercise the rights granted. under such
yeaR0nabip FPQulatiOng as NAV he i'm no cd