The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-10

TO the publi' domsin by Witch the Gov
'rumsn, shsll re'stn over the undisposed
hrds = power ~ disposition OF readjust-
inert Of Intst'st in wateF power sites. coal
lands on lends ard phoaphatea are no.
In very advanced state. The condit Ions
are such ~ 10 make imperative In the
I'M crest q conservation the passage Of only
one law That law has passed the HOuae
and am VERY hopeful that II will pass the
S-U-te II rstiasa all the withdrawals
81 public land heretofore made. amount.
ina % upward of oO.OpO. 900 Of acFes. and
II 'DecthCally empowers the President 70
MAKE other Withdrawals when he desires
20 ask Congress 70 pass laws varying the
existing laws for The disposition in class
81 pubic lands
The absolute necessity Of this got arises
from the very grave doubt UhefheT the
rsssrvltio Of soOOo.OOO acres Il sub.
iected 10 the test Of legality 10 the oour,a.
could stand u h lisa very crave question
whether the Executive has the power 10
make reservation thus In eHtensO merely
70 avoid the disposition Of the land under
existing Congressional enactment and there
are those IN the West who. taking advan.
tage Of the doubt In question and assuming
that the Withdraw walls are without authority.
are stalking out claims with a view ~ test
ing their validity In the courts should
the courts hold that the Executive au-
'hOrt,y has been abused IN this regard
then u will leave the public domain IN =
mess. For this reason I sincerely hope
the status quo will be maintainei By the
speedy passage Of the act IN question
through the senais
There are other acts, one with reference
70 oil lands one with reference 20 water
power atea. one with reference 70 coal
lands The oue With refeFence 20 coal
lands provides that the surface Of coal
lands shall Be subject 20 settlement az
agricultural lands 70 the homestead and
presumption laws but that the coal beneath
,hs surface shall still belong TO the Gov
eminent and he subject 70 mining By those
70 whom the Government may lease II
or IN other methods part With title tot
Thers IL bill providing for the claasi-
hcauon Of lands useful IN preventing q
fraudulent disposition Of them There
= a bill providing for the exploration Of
oil lands and hxtnG the rights Of explorers
who discover oil
WATEH PowER SITES.
Ana hen there 10 bill providing for
the granting II water power sites 20 the
states with view 20 their disposition
- private owners BY the state TITS bill
- most important one II probably
needs amendment. but the principle Of
'he bill miy work out ~ q satisfactory
solution The water In the streams 10 nov
under ne control snd ownership 81 the
state he water power sites essential
- the establishment Of water power plants
belong 70 me United States a. part q ~
publi- domain II would be useful ~ have
'hs two united IN one sovereign II 10
proposed - do this By convsyina the water
power sites - the States on two conditions.
The hrsr condition requires the State IN he
disposition - private settlers - retain
such control over the water power sites
thar u may every ten YEAR, adjust the
rates a. which power 10 70 be furnished
70 ths public BY The grantee Of the water
power ste ana the second condition 10
that the water poser sites shall not be
disposed II ~ me state 70 any person
having monopoly Of the water power
IN the nsIEhhorhood
The nil rrovides that upon the failure n
the STATE % enforce the conditions imposed
against private owners me United states
may enforce the conditions against the
s'a'e and crfsit OH the rights Of the private
owner ard of he state and restore the land
70 the United States There ought 70 be q
specific provision providing that the United
states may sue She State for forfeiture and
also that the Executive shall have the right
20 declare a forfeiture Il seems 20 me that
in This wise the United states may retain
n ective control over the disposition Of the
land and ~ 'hs same time may enable the
Legislature or theEHecutivs Of the State.
presumably more familiar With local con-
dtions - AZ 'hs details on the ground In
accordance with local necessity. II IL quite
possible however. that these other con
servation bills will 90 over - the nsHt sss-
slon. bur the one rs'ifyinE the existing With
dravals and granting power 20 Withdrawing
In future should certainly pas.
rRRigArIoN MEAsrREs
There IL pending also a bill authorizing
he ssue n sso non IN n bonds With which
70 continue the construction ~ irrigation
plants already begun by the reclamation
service-'hs bonds 70 be redeemed out ~
the proceeds Of the sale Of public lands and
the wafer rent collected from those Who
enjoy ne benefit Of the irrigation. This
certainly ought 70 pass az this session be
cause me number Of people depending on
The completion NJ the reclamation projects
j. sufficiently large 10 call for especial action
In Their behalf
rHE INIrSCTtoN ACT
Another ac' 10 the ao-called Injunction
tc' There are three bills pending ~ carry
out the platform In different forms they
eli provide that an injunction lssusd without
notice shall not be n sfeC' for more than
asven days unless within hat time actual
notice IL given and q hearing had when
II course the court will make such order 80
Il may bs sdvised
II further provides that no restraining
order OF a preliminary Injunction shall
psus without notice unless the court. upon
me weather.