The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1910-09-09

that time axs,sn acres have bsen -.
stored for settlement Of the original four
million. because they do not contain pow
er sites: and meantime there have been
newly Withdrawn Las so acres ON vacant
public land and 2ii.oo7 acres on entered
public land. or total Of 1.l5s.sss acres.
These Withdrawals made from time to
time cover all the power sites included
In the irst Withdrawals. and many more.
on 1ss rivers and in II states. The dispo-
sition Of these power sites Involves one
OF the most difiicult questions presented
In carrying out practical conservation.
The statute OF 1891 with its amendments
permits the secretary OF the interior to
grant perpetual easements or rights Of
way from water seurcS7 over public
lands for the primary purpose OF irriga-
ton and such electrical current as may
be incidentally developed. but no grant
can be made under this statute to con-
Germs whose primary purpose Is gener-
ating and handling electricity. The stat
ute OF 1901 authorizes the secretary Of
the interior to issue rcvocable permits
over the public lands to electrical power
companies, but this statute is woefuliy in
adequate because II does no, authorize
the collection of . charge or fix a term
OF years. Capital IL slow to invest In an
enterprise founded on a permit revocable
Mt will.
II II the plain duty Of the government
to see to II that In the utilization and de-
velopment OF all this immense amount
Of water power. conditions shall be i'm
posed that will prevent monopoly and
will prevent extortionats charges, which
are the accompaniment of monopoly. The
difficulty of adjusting the matter Is ac-
centuated by the relation OF the power
sites to the water. the fall and flow OF
which create the power. In the states
where these sites are. the riparian own
er does not control or own the power In
the water which flows past his land
That power IL under the control and with.
In the grant of the state. and generally
the rule Is that the first water user Is en-
tilted to the enjoyment. Now. the pos
session of the bank or water-power site
over which tho water IL to be conveyed
In order to make the power useful. gives
to Its owner an advantage and a certain
kind OF control over the use OF the water
power. and II IL proposed that the govern.
ment In dealing with Its own lands should
use this advantage and lease lands for
power sites TO those who would develop
the power. and impose conditions on the
leasehold with reference to the reason
nblencss Of the rates at which the power.
when transmitted. Ii to be furnished 10
the public. and forbidding the union OF
the particular power with n combination
OF others made for the purpose of monop-
oily by forbidding assignment of the
lease save by consent OF the government.
Serious difficulties arc anticipated by
some In such an attempt on the part OF
tho general government. because Of the
sovereign control Of the state over the
water power in its natural condition, and
the mere proprietorship of tho govern
ment In tho riparian lands. II is con-
tended that through Its mere proprietary
right In the site. the central government
has no power to attcnpt to exercise po-
lice Jurisdiction with reference to how
the water power In . river owned and
controlled by the state shall be used. and
that II Is n violation OF the states rights.
I question the validity Of this objection.
The government may impose any condi-
tons that II chooses In its lease OF Its
own property. even though II may have
the same purpose, and In effect accom-
piish Just what the state would accom-
plish by the exercise OF Its sovereignty.
There are those land the director OF the
geological survey. MI Smith. who has
given great deal OF attention TO this
matter. is one of them) who insist that
this matter of transmitting water power
into electricity. which can be conveyed
all over tho country and across state
lines. Is q matter that ought to be re-
tained by the general government. end
that II should avail itself OF the owner
ship OF these power sites for III. very
purpose Of co-ordnating In one general
plan the power generated from these
government owned sites.
Arguments Against Idea.
On the other hand. It Is contended that
II would relieve a complicated situation
IL the control OF the water-power site
and the control OF the water were vested
In the same sovereignty and ownership.
viz. the states. and then were disposed
OF for development to private iessees I'M
der the restrictions needed to preserve
the interests OF tho public from the extor-
lions and abuses of monopoly. Therefore.
bills have been introduced In congress
providing that whenever the state au-
thorities deem q water power useful they
may apply to the government OF the
United States for a grant to the state
OF tho adjacent land for a water-power
site. and that this grant from the fed
erai government to the state shall con-
tain n condition that the state shall
never part with tho title to the water
power site or the water power. but shall
lease II only for term of years not ex-
ceeding fifty. with provisions In the
lease by which the rental and the rates
for which the power II furnished to the
public shall be readjusted Mt periods less
than the term of the lease. say. every ten
years. The argument 10 urged against
this deposition Of power sites that legis-
iators and state authorities are more sub
Ject to corporate influence and control
than would be the central government: In
reply II IL claimed that q readjustment
of the terms Of leasehoid every ten years
would secure to the public and the state
Just and equitable terms.
do not express an opinion upon the
controversy thus made or a preference
an to the two methods of treating water
power sites. shall submit the matter to
congress and urge that one or the other
OF the two plans be adopted.
have referred to the course OF the last
administration and OF the present one In
making Withdrawals OF government lands
from entry under homestead and other
laws and OF congress In removing al
doubt as to the validity OF these with
drawals a. great sssp In the direction
OF practical conservation. But II is only
one OF two necessary steps to effect what
should be our purpose. II has produced
q status quo and prevented waste and ir.
revocable disposition of the lands until
the method for their proper disposition
can be formulated. But II In OF the ut
mOnt fmp0rfanrA that aurh withdrm M In