The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1910-09-08


that time s.I75.H2 acres have been re-
stored for settlement OF tho original four
million. because they do not contain pow
or sites; and meantime there havo been
newly withdrawn l.2i5.S92 acres on vacant
public land and 2ll.o97 acres on entered
public land. or a total OF 1862 acres
These Withdrawals made from lin" to
time cover oil the power sites included
in the first Withdrawals and many more
on 135 rivers and In II states. The dispo-
Alton OF these power sites involves one
OF tho most difficult questions presented
In carrying out practical conservation.
The statute OF 1891 with It's amendments
permits the secretary of the interior to
grant perpetual easements or rights OF
way from water sources 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 IL gener-
nung and handling electricity. The stat
ute OF 1901 authorizes tho secretary OF
the interior to Issue reyocablc permits
over the public lands TO electrical power
companies. but this statute Is woefully In
adequate because II docs not authorize
the collection Of charge or fix a term
Of years. Capital is slow to invest In nm
enterprise founded on Il permit revocable
at will.
II is tho plain duty OF the government
10 see TO II that in Ia" utilization and de-
yelopmont OF all this immense amount
OF water power. conditions shall be i'm
posed that win prevent monopoly and
Will prevent cxtortlonate charges. which
are tho accompaniment Of monopoly. The
difficulty Of adjusting the matter IS ac-
centuatcd BY the relation OF the power
sites 10 the water, the fall and flow OF
which create the power. In the states
where these sites are. the riparian own
or does not control or own the power in
the water which flows past his land.
That power IS under the control and with.
In tho grant II tho state. and generally
the rule is that the FIRST water user 10 en-
titled to the enjoyment. Now. the pos
session Of the bank or water power site
over which the water Is to be conveyed
In order TO mike tho power useful. gives
10 Its owner mn advantage and q certain
KIND OF control over tho use OF tho water
power. and It Is 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 tho reason
ablcncss Of the rates At which the power.
when transmitted, Is to DO furnished 10
tho public. and forbiddng the union OF
tho particular power with a combination
OF others made for the purpose Of monop-
oily by forbiddinE assignment OF tho
lease save by consent OF the government.
Serious difficulties aro anticipated by
some In such an attempt on the part OF
the general government, because of the
sovereign control Of the state over the
water power in it's natural condition, and
the mere proprietorsh!p OF the govern
intut IN the riparian lands. II is con-
tended that through its mere proprietary
right In the site, the central government
has no power to attempt to exercise po-
lice jurisdiction with reference to how
the water power in river owned and
controlled by the state shall DO used, md
that II is n violation OF the states rights. /
l question tho validity Of this objection
Tho government may impose any condl-
lions that 1t chooses In Its lease OF its
own property, even though Il may have F.
the same purpose. and in effect accom-.
plish Just what tho state would accom- .
plish by the exercise OF It's sovereignty. .
There are those land the director Of the .
geological survey. Mr.. Smith. who has .
given great deal OF attention 70 this .
matter. IS one OF theml who insist that .
this matter Of transmitting water power
Into electricity, which can be conveyed .
all over the country and across state .
lines, is n matter that ought to be re
tanned by the general government and .
that Il should avail Itself OF the owner
ship Of these power sites for thr very
purpose OF co-ordnating in one general
plan the power generated from these
government owned sites.
Arguments Against Idea.
on the other hand. II f. contcndnd that
L would relieve n complicated situation
II tho control Of tho water-powcr site
and tho control OF the water were vested
In the same sovereignty and ownership,
viz. the states. and then were disposed
n for development to private lesseeS IN
Ter the restrictions needed TO preserve
no interests OF the public from the eXtor-
lions and abuses OF monopoly. Therefore,
bills have been introduced in congress
providing that whenever the state au-
horltics deem q water power useful they
nay apply 10 the government Of the
United States for grant to the state
Il the adjacent land for n water-pOwcr
lite. and that this grant from the fed.
raj government to the state shall con-
ain condition that the state shall
Iever part with tho title to the water
lower site or the water power. but shall
ease It only for n term OF years not ex-
,ecd!ng fifty. with provisions In the
ease by which the rental and tho rates
or which the power Is furnished to the
,ublc shall be reHdiusted ut periods less
han the term OF the lease. say, every ten
ears. The argument Is urged against
his disposition OF power sites that logls-
ators and state authorities arc more sub
ect TO corporate influence and control
han would be the central government; in
eply II is claimed that a REIMBURSEMENT ,
4 tho terms OF lcasohold every ten years
would secure to the public and the state
ust and equitable terms.
do not express an opinion upon the
thus made or n preference
3 to the two methods of treating water
over sites. / shall submit tho matter to
onEress and urge that one or tho other
( tho two plans be adopted.
I have referred TO the course OF the last
and OF tho present one in
laking Withdrawals OF government lands
rom entry under homestead and other
lws and Of congress In removing all |
oubt as to the validity OF these with
rawals as great step In the direction
( practical conservation. But II Is only |
ne OF two necessary steps to effect what
hould be our purpose, II has produced
status quo and prevented waste and ir-
nvocabie disposition OF the lands until
he method for their proper disposition
an DO formulated. But II is of the ut
lost Importance that such Withdrawals