The San Francisco call., 1910-09-06

after they had been perfected
and unite them in one company.
The trend of decision seems
to show that such an agree
ment would invalidate the
claims, although under the sub
consolidation OF such claims
was permitted, after location and
entry, in tracts of $3.50 acres.
1t would be of course. improper
for me to intimate what the re-
suit of the issue as to the Cum
ningham an dother Alaska claims
is likely to be, but it ought to be
distinctly understood that no pri
vate claims for Alaska coal lands
have as yet been allowed or per-
the result as to pending claims.
the existing coal land laws of
Alaska are most unsatisfactory
and should be radically amend
In my judgment it is essential
Alaska that these coal lands
should be opened, and that the
PACING slope should be given the
benefit of the comparatively
cheap coal Of fine quality which
price from these fields; but the
public, through the government,
ought certainly to retain a wise
control and interest in these
coal deposits. and 1 think It may
thorize the granting of leases.
as already suggested for govern
ment coal lands.
In the last administration there
were withdrawn from agricul-
tural entry 2,S20,000 acres of sup
about 1900, 900 acres in Louisi-
ana, of which only $500 acres
were known to be vacant unap-
propriated land; $4,000 acres In
oregon and $4,000 acres in Wy
omlng, making a total Of nearly
100000 acres. In September,
1909. I directed that ali public
oil lands, whether then with
drawn or not, should be withheld
fre9s,oIsPP from disposition srt,o pending con
cordingly the form of all exist
ing withdrawals was changed
and new Withdrawals aggregat-
ing 2,f50,0OO acres were made in
Arizona, California, Colorado,
New Mexico, Utah and Wyom-
The needed oil and gas law is
essentially a leasing law. In
their natural occurrence oil and
gas can. not be measured in
terms of acres. like coal, and it
follows that exclusive title to
these products can normally be
secured only after they reach
the surface.
One of the difficulties present
ed, especially in the California
fields. is that the Southern Pa
cif1c railroad owns every other
section of land in the oil fields.
and In those fields the oil seems
10 be In a common reservoir, or
eating through the oil sands, so
tnat the excessive draining of oil
az one well. or on the railroad
territory generally, would ex-
haust the oil in the, government
land. Hence it is important that
If the government is to have its
snare of the oil 1t should begin
the opening and development of
wells on its own property.
IN view OF the joint ownership
Whlch the government and the
adjoining land owners like the
southern Pacific railroad have in
the old reservoirs below the
surface, It is a most interesting
and intricate question. difficult
of solution, but one which ought
state law makers, how far the
state Legislature might impose
appropriate restrictions to secure
an equitable enjoyment of the
common reservoir, and to pre-
vent waste and excessive drain
ing access to this reservoir
IL has been suggested. and I
believe the suggestion to be
sound one, that permits be is
sued TO a prospector for oil Civ
Ing him the right to prospect for
two years over a certain tract of
government land for the discoy-
cry of oil, the right to be evil
denced by license for which he
pays a small sum. When the oil
6iSc0Warnd than l,o
title to certain tract. much in
the same way as he would ac-
quire title under mining law.
Prior to March 4. 1909, there
had been, on the recommendation
of the reclamation service. with
drawn from agricultural entry,
because they were regarded as
useful for power sites which
ought not to be disposed OF as
agricultural lands, tracts amount
ing to about 100000 acres.
These withdrawals, made from
time to time. cover all the
power sites included in the first
Withdrawals, and many more, on
135 rivers and in il states. The
disposition of these power sites
involves one of the most difficult
questions presented in carrying
out practical conservation.
The statute of 1891. with its
amendments. permits the secre-
tdry OF the interior TO grant per-
petual easements or rights Of way
from water sources over public
lands for the primary purpose of
irrigation and such electrical cur
rent as may be incidentally de-
Veloped. but no grant can be
made under this statute to CON
Germs whose primary purpose is
generating and handling electric
fly. The statute of 1901 author
ICES the secretary of the interior
TO issue revocable permits over
the public lands to electrical
power companies. bdt this statute
is woefully inadequate because 1t
does not authorize the collection
of charge or fix term of years.
Capital is slow to invest in an en-
terprise founded on permit re-
vocable al will.
The subject is one that calls for
new legislation.
It is the plain duty of the gov
ernment to see to it that in the
utilization and development of all
power conditions shall be i'm
posed that will prevent monopoly,
and will prevent extortionate
charges. which are the accom-
paninent of monopoly.
l am bound to say that the time
rhapsodies over conservation.
making the word mean every
known good in the world; for,
after the public attention has
been reused. such appeals are of
doubtful utility and do not direct
the public to the specific course
that the people should take, or
have their legislato take. in or
der to promote the cause of con-
servation.
Real conservation involves
wise. nonwasteful use in the
present generation. with every
possible means Of preservation
for succeeding generations; and,
though the problem to secure this
end may be difficult the burden is
on the present generation prompt
" TO solve it and not TO run