Evening star., 1909-04-30
WASTE WATER POWER
The Problem of Utilizing 1t a
Large One.
GREAT FIELD IN SOUTH
Immense Opportunities There Await.
ing Proper Application.
GUARDING THE PUBLIC RIGHTS
Government Slow to Grant Privileges
That Do Not Insure Suitable
Revenue in Return.
BY WILLIAM f. CURTIS


The present administration evidently in
tends to pursue the policy laid down by
FORMER President Roosevelt in his special
message to Congress concerning the con-
troll of the water power of the country,
for Secretary Ballinger of the Interior
Department has ordered an Investigation
by the geological survey to ascertain
what water power sites still remain un-
occupied on the public domain outside the
national forests, with view Of obtaining
legislation from Congress ito control and
regulate their disposition"
Among the most valuable of all the
material resources Of the south is the
abundance of water power which is now
going to waste In the central southern
states. but Is being utilized to a consider
able degree in North Carolina. South
Carolina and Georgia for cotton factories
The low price Of fuel in Alabama and
tennessee, the inexhaustible supplies of
coal that may be mined at an insignificant
expense Will probably prevent the devel-
opment OF the water power for manufac-
turing purposes In those states for many
years, although several large projects are
under way and in contemplation in Ala
bama. Tennessee and Kentucky The
most important phase of this subject at
protection of this great source Of wealth
so that 1t may not fall into the hands of
SPECTATORS and monopolists. Several ad-
dresses were delivered on this subject at
the recent conservation congress in Wash
ington. and board Of army engineers
has made report containing much valua-
bile information and many suggestions for
the consideration of Congress.
Several bills have been introduced
INTO both houses, granting the use of
al h., =
other structures built by the govern
ment on the rivers of the United States
for the benefit Of navigation. and 20
empower the Secretary Of War to au-
thorize private persons or corpora
tions to construct dams to develop and
use the water power where the govern
ment has not undertaken such work. A
general bill was introduced in 1905 to
cover this subject. and Gen. Mackenzie,
then chief of engineers. made a
was indorsed by Judge Taft, then Sec
retary OF War. as very comprehensive
accurate and instructive" Hence 1t may
be assumed that the principles laid
down by Gen. Mackenzie will be the
policy of the administration.
Control Of Streams.
Gen. Mackenzie says: '"The federal
government has no possessory title to
the water flowing in navigable streams,
nor to the land comprising their beds
and shores; hence Congress can grant
no absolute authority to any one to use
and occupy such waters and lands for
manufacturing and industrial purposes.
The establishment, regulation and con-
troll OF manufacturing and industrial
enterprises. as we'll as other matters
pertaining to the comfort. convenience
and prosperity of the people. come with
In the powers OF the state, and the Su-
preme Court OF the United States holds
that the authority of the state over
and the shores and beds thereof, is
plenary, subject only to such action as
Congress may take in the execution OF
its powers under the Constitution to
regulate commerce among the several
states.
ITO take or to authorize the taking
OF the property of one individual for
the use and benefit OF another in carry
ing on private business of industry
Is not a proper exercise of the right
tain enterprises of a quasi-public char
acter. such as electric light and railway
companies. that would desire to avail
themselves of water power and to which
the right to condemn private property
could be granted; but the granting of
such right is believed to be the func-
tion of the states. inasmuch as the or
and Incorporation Of these
enterprises, as well as the title and
ownership of the property affected, are
ton.
ITO legislation authorizing the Secre-
tary of War to lease water power Gre
ated by works constructed by the govern
ment see no special objection, but I
know ~ no demand for it IN the public
interest. The right of Congress to regu-
late. control and dispose OF such water
power is believed to be unquestionable,
inasmuch as the power constitutes q val
liable property created at the public ex-
pense. and when utilized by private per-
sons or corporations should be paid for.
or quasi-partnerships be-
tween the government and private per-
sons or corporations have not been gen.
orally favored In the past, as experience
has shown that they are apt to be at
tended by many annoying complications.
l do not believe that sufficient revenue
would be derived from renting water
inconvenience that might ensue from the
adoption Of such policy.
Regarding the proposition to empower
the Secretary of War to authorize the use
ties not improved by the United States.
It should be borne in mind that natural
water power-that is, power made avail
able by the existence of natural falls and
rapids In river-is appurtenant to RI
parian ownership. and the right to use 1t
is governed by state laws on the subject
Of private property
This definition Of the power and policy
OF the general government is especially
pertinent to several propositions now
pending before Congress and under con-
by the committees on rivers
and harbors and 1t explains the attitude
OF the War Department toward such en-
terprises.
Where Power Is Available.
Within the area known as the Appa-
lachian mountains-that is. eastern Ken
lucky and Tennessee. western Virginia,
North Carolina and South Carolina,
northern Georgia and Alabama-are
streams which are estimated to be capa-
BILE OF furnishing from four to five million
practicable for manufacturing
purposes. The Cumberland river is espe-
cially valuable. and has many sites where
1t Is practicable to develop at least 10000
horsepower within $50 miles Of Cincin-
natl, Louisville. Chattanooga, Nashville
Knoxville and other cities.
The Tennessee river is even more prolific
and, with its tributaries, Is capable Of
producing 1000. 900 horsepower within an
area less than that OF England. In Ala
bama the many streams can furnish as
much more.
What are known as the Muscle shoals"
OF the Tennessee river are alone capable
OF furnishing more power than any other
river In the country except Niagara. The