New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-02
CONSERVATION LEGISLATION
The Attitude of Ex-Secretary Garfield
and Clifford Pinchot.
To the Editor of The Tribune.


! April and your comment thereon pub
lished under the headline, Mr.. Garfield's
Position" in your issue of April 10: The
dispatch of your washington correspond
ent published March %. to which my letter
took exception, said:
Through the opposition OF ex-SecIet1al = :
Garfield and other disciples or the Fillc u.a
school, President Taft has been coinpe enc
to reveal his reasons for reSaIolhs III "
servation legislation at this session az ao
soluteIy necessary The President rs OF
the opinion that the Withdrawals OF t tns
land for power sites will Not Not S Taft has has
been unwilling to reveal his fears to ne ne
public lest they would be taken au ,;a A.
of by those who seek TO mo1opo nin hui
water power on the public DOMAIN ~ ~,
ex-Secretary Garfield appeared oeiose a1s
Public Lands Committee Oh tIle ~ Seh 9n 1e
and opposed the legislation askeu ~ s on
President. and ea-Forestef Plnehoo NJ - no
posed II in public addresses. so tFal " he %
become. necessary for the PreSiuens -
show his hand in order to obtain tiil0 iii
portant legislation
The emphasis Is mine. The dispalcn co,
tainly conveys the idea that MI 1ArIleiu
and Mr.. Pinchot were actively opposeo "
the withdrawal bill then pending vi ~
any effective withdrawal measure
this 1g the exact reverse OF inc IaS1 -
shown by the two bulletins OF the Na'ionai
Conservation Association issueu os "
Pinchot with Mr.. Garheld 5 app
COPIES OF which accompanied my iOi inui
1ottap In the first. dated February o. DIV
Mr. Pfnchot said: So.
AS reported by Senator Nelson on a Sot "a "a
orr this hill should have the unqudiileu
SIJpDort of the members OF the aat.ii 49,
7 call upon you to communicate hitil ,Ssong
Represehta,iVIeS nted INTO law The
whnIe Influence OF its members shdll pr. pc
thrown behind this bill. 1t makes easy t III
protection of all MAJ, na1ur GOOD laws can be
public domain until eoou
passed.
uhA bju uAg placed on the calendar. Dub
nacrnd over without action by the senate
from day to day. Mr., Pinchot called at
ta,,t;on 70 IT again. as follows. in bulletin
dated March II:
The vigorous exercise of the executive
mower Of withdrawal Is absolutely essen
tal to prevent event thfes sGnTted " by adequate
InWS and TO carry out effectively exist
ing law for the protection OF the pu ,,ier
interest in the public lands, This po~fII
has heen exercised by President RooseVeil
and President TAFT 10 protect coal ldIlus
water power sites and phosphate aepos 1,,+
bevond ali possibility of dispute. All fneni-
heTS of the association should conlni1h1nSs~ -
Immediately with their Senators hn 1. TIL. III.
resentatives in Congress. and urge MAJ VIZ. .s
nh ns t,keD nm without further delay ana
passed.
IN -nnnorf of your correspondence error
you now cite Mr., Garfeld's opinion
messed in discussing Mr. Ballingers orlsi-
nal draft before the Senate COMMITTEE oh
Public Lands. that legislation Is uhneceo
sarv-. to authorize Withdrawals. This opln-
ion vour correspondent has designated as
active Opposition" to this or any "lth-
dravaI bill How unWarranted this 1s ap-
nears from the words of the Senate com
mittee in reporting the bill favorably'
The statutes cited. az we'll as the de,
cision OF the court above retertea 20, III
nc the npfntong of the Attorneys General
all go 70 show that the President OF the
T-nifed States has the inherent power 70
raserve for public purposes lands of the
United States from location, sale or entry,
RI is only lately that this power mas peen
doubted and questioned ana 1ne o0l p laf Al
mite and clear beyond all dispute that the
President possesses this power OF WITH
as interpreted by the courts. is that part
of the proposed substitute which provinces
that the secretary OF me interlor s.lSl.
AT the beginning Of its neyt regular session
after the date OF Withdrawals
That was precisely the position taken by
Mr.. Garfield before the committee.
The improvements made in the bill by the
Senate committee arc radical Under Sec
rstsry Baliingers original dill Withdrawals
must be temporary. Under tho bill rs re-
ported BY the committee they may be per
nlaneut Under the original bill withdraw
ais could be made only in aid of legislation
proposed or pending. and IN aid Of claSsi-
fcation Under the bin as reported by the
committee Withdrawals may be made 'for
forestry, water power sites, irrigation and
other public purposes This would give
unuuestioned authority to reserve peTma-
rentIy all water power sites on tne public
lands for disposition by permit under the
existing act OF 1901 Under that statute
the Forest Service has put into practical
operation the only water power regulation
attempted by the federal government.
Regulation under this act Il entirely udo-
duate provided of course, that the power
sites remain In federal ownership, Tt In
sure this the power of withdrawal is alb
solutoly essential
It is therefore most unfortunate that the
bill was sent back TO committee by Senator
Smeot author of the pending measure for
Indicating federal responsibility by granting
the power sites 20 the states. II is also ua.
fortunate that the withdrawal bill pending
in the House differs from the bill reported
by the Senate committee by failing to pro-
vide specifically and plainly for the perma-
nent withdrawal of power sites. 1t is Pc
culiarly unfortunate, in view of your cor
respondents report of the Notwithstanding
desire to prevent water power monopoly.
that the House bill Is declared by Mr.. Mon
dell to he satisfactory in the main" TO the
administration. PHILIP z. WELLS,
Counsel National Conservation Association.
Washington. April 19, 1910.
Art EXHIBITIONS AND SALES