New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-18
From The Tribune Bureau.J
mr.

Washington. Aprti IL
A GOOD BILL?-If imitation is the sim
cerest form of iattery. is not misrepre-
sentation the strongest testimonial 10 ex-
cellence? The National Conservation Asso-
citation mas issued circular letter 20 It's
members regarding the Smoot waterpower
bill. recently described in this column In
which the officials of the association so seri-
ously misrepresent the bill as to suggest the
probability that without mlsrepresenting II
they could not find sufficient objection on
which to base an effective opposition. The
Snoot bill has no Justification" declares the
circular letter. 1T abdicates national
power and shrks national responsibility In
z matter OF the utmost Importance for all
time 10 the wellbcing of the nation and the
Individual citizen" Then follows four pages
Of general conservation argument. after
which IL Is stated that lit Is unnecessary TO
discuss the minor features of these bills
several other pending measures having
been described) further than to call atten-
ton TO the fact that the Snoot bill requires
the state 10 retain the fee simple title. This
would permit leases for s99 years. 1t also
requires the state to undertake an unde-
fined system of regulation and authorizes
II TO fix the price 20 consumers for ten-year
big waterpower interests precisely what
they want and sought in vain from the last
Congress and Observation-Disclosures i'm
munity from all effective federal regulation
and control. II would put the users of
waterpower completely In the hands Of
these big power interests"
THE FACTS.-From the conservation as
sociaticn's description Of the Smoot bill II
would appear, as the circular practically
states, that the minor features Of the
bill are hardly worthy Of discussion. The
fact is. however. that, while the bill pro-
vides that power sites shall be transferred
to the states 1t does so with the express
condition. first. that the states shall never
ALLEVIATE the title to such sites. and second.
that the rates charged the users OF such
sites shall be readjusted every ten years.
The conservation association. be IL noted.
says the bill authorizes the states TO fix
the price to consumers for ten-year periods.
the bill compels the state to fix the price
every ten years. and the penalty of any
disregard OF the provisions of the bill is re-
vel sion OF the sites to the federal govern
ment. II is. OF course, quite possible that
there are defects in the Smoot bill. Sena-
fectlv agreeable to an amendment which
would impose limit on the possible length
OF leases. but the course of the conservation
association strongly suggests that legiti-
mate reasons for opposing the measure can
not easily be found The fundamental prin-
ciple for which reasonable conservationists
stand is embodied in the bill. That is pro-
hibition of the permanent alienation of the
fee simple title to these sites, together with
a reimbursement OF the rental at sufficiently
frequent periods TO enable the charges TO
be proDortioned to such increase OF value
as must result from the settlement of the
country and the consequent
enhancement Of the value of the concession.
1t is also fact that this principle is pre-
ciselv the one 10 which the big water
power interests are opposed"
STATE ACT. FEDERAL CONTROL
1t is a well established fact that the fed
eral government has no right or title TO
the water in streams. That has been es-
tablished by number Of Supreme Court
decisions, the latest being the Colorado
Kansas case. On the other hand the fed
eral government can, no doubt. prevent
the states from utilizing that which the
courts have declared TO be theirs-the wa
ter in the streams-by Withholding title
to the sites necessary to such utilization.
The Smoot bill seeks to concede 10 the
states the power TO utilize the water
which the courts have declared belong TO
the states. but under conditions which will
prevent monopoly and insure 10 future
generations an adequate return for the
enhanced value created by the growing
u hrr
deciding to the states the power sites I'M
Ger condition that the states shall retain
title thereto and shall fix the rental every
decade. The obvious assumption Of the
Consery alton Commission that having the
rnu.or thn ctntnc r,.III n-nn,n+I,- hnr.I 49,