El Paso herald. (El Paso, Tex.) 1901-1931, 1910-01-14

common good that natures BLESSINGS
are only for unborn generations.
Among the most noteworthy reforms
initiated by my distinguished predeces-
sor were the vigorous prosecution of
land frauds and the bringing to public
attention of the necessity for preserv-
ing the remaining public domain from
further spoilation, for the maintenance
and extension of our forest resources,
and for the enactment of laws amend
ing the obsolete statutes so as to re-
tain government control over that part
of the public domain in which there are
valuable deposits of coal, oil, and phos-
plate, and in addition thereto, to pre-
serve control, under conditions favor
able to the public, Of land along the
streams in which the fall of water can
be made to generate power to be trans
mitted in thee form Of electricity many
miles TO the points of its use, known
as water power" sites.
Power Site Withdrawals.
Investigations into sections of public
land laws and prosecution of land
frauds have been vigorously continued
under my administration, as have been
the withdrawal Of coal lands for CLASH
fication and valuation, and the tenn
porary Withholding of power sites
Since March 4, 1909, temporary with
drawals Of power sites have been made
on IO2 streams and these Withdrawals
therefore cover 229 percent more
streams than were covered by the with
drawals made prior to that date.
The present statutes, except so far as
they dispose of precious metals and
purely agricultural lands, are not adap-
ted to carry out the modern view OF the
best disposition of public lands to pri-
Il
ing. on one hand, sufficient induce
ment to private capital to take them
over for proper development with re-
strictive conditions and on the other
hand. which shall secure to the pubic
that character Of control which will
prevent a monopoly or misuse or the
lands or their products
Wants Withdrawals Validated.
The power of the secretary of the IN
terror to withdraw from the operation
of existing statutes tracts of land, the
djsnosition of which under such statutes
would be detrimental TO the puohc IN
terest, is not clear or satisfactory rms
power has been exercised In the interest,"
of the public, with the hope that con
eress might affirm the action or the
executive by laws adapted to the new
conditions
Unfortunately congress has not thus
far fully acted on recommendations OF
the executive and the question as TO
what the executive is to do, is, under
the circumstances, full Of difficulties
II seenos TO me that it is the duty OF
congress now, by a statute, to ,valldate
1vithdrawaIs which have been made ny
the secretary of interior ana preSI
dent and to authorize the secretary Vi
the interior temporarily to WilhcraM
lands pending submission 10 congress VI
as to Legislation 10
-,ooo+ oonditions or emergencies as they
arise.
Land CIassificatiOns.
One of the most pressing needs IN
the matter of public land reform Is Ilidt
lands should be classified ACCORDING 70
their principal value or use Alio
ought to be done by that department
whose force is best adapted 10 Il-a'
work. 1t should be done by the IN
terror department through the geolosi-
cal survey. Much of the CONFUSION,
Grand and contention which has existed
in the mast has arisen from the lack OF
an official and determinative classlIl-
cation of the public lands and their
contents. $780,. 81
II is now proposed to dispose Oh
ooric,,ltursl lands as such, and at the
eeme time TO reserve for other DISPOSE
tion the treasure OF coal, oil, asphal-
tuu. natural gas and phosphate con-
tanned therein. This may be best &C
comnlished by separating the right 70
mine from the title to the surface CIV
ing the necessary use of so much OF
the latter as may be required for tine
extraction of the deposits
The surface might be disposed OF as
a. agricultural land under the general az
ricultural statute while the coal OF
other mineral could be disposed OF by
lease on realty basis, with provisions
reouiring a certain amount OF develop
ment each year; and in order 10 pre-
vent the use and cession OF such lahoS
with others of similar character so as
70 constitute a monopoly forbidden by
law the lease should contain suitable
nrovision subjecting to forfeiture the
interests of persons participating IN
such monopoly Such law should apply
to Alaska as well as to the United
States.
Experimental Laws
If is exceedingly difficult TO frame
a statute to retain government controI
over a property to be developed by prl-
vate capital in such a manner as 10
secure the governmental purpose and
ar tbess same time not frighten away
investment Of the necessary capital.
Hence it may be necessary by laws that
are really only experimental TO de-
from their practical operation
what is the best method of securing the
result aimed at.
The extent of the value of phos-
nhate is hardly realized, and with the
need that there will be for it as the
wears roll on and the necessity for Ter
tilizing the land shall become more
acute. this will be a product Whlch
will probably attract the greed OF mo-
nopolies.
valuable Power Sites.
With respect to the public land which
lies along the streams offering oppor-
tunitv to convert water power into
transnissible electricity, another i'm
Dortant phase of the public question is
presented.
There are valuable water power SITES
all public land states Opinion
is held that the transfer of sovereignty
from federal government to territorial
as they become states, IN
cIudes water power in rivers except
that owned by riparian proprletors
do not think it necessary to go
into a discussion of this somewhat
mooted question of law 1t seems TO
me sufficient to say that the man who
omnS o,d controls fine land along the