The Mobridge news. [volume] (Mobridge, Walworth Co., S.D.) 190?-1917, 1910-09-09

newly WItnoraWn 1,Sfo.Wz acres on vacant
public land and n1,o7 acres on entsrcd
public land, or q total OF LkAse are.
These Withdrawals frSm TINA n
time cover all the power rites included
In the FIRST wtthdraw walls. and many more.
on IS rivers and In II states. The dispo.
sttton OF these power Eates involves ana
OF the most difficult questions presented
in carrying out practical Conservation.
The statute OF 1891 with It's amendments
permits the secretary OF the interior 70
grant perpetual easement OF 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 oon-
Germs whose primary purpose is gener-
ating and handling electricity. The 9tat-
ute Of 1901 authorizes the secretary OF
the interior to issue reyocable permits
over the public lands to electrical power
companies, but this statute is woefully In
adequate because 1t does not authorize
the collection of a charge or nx a term
Of years. Capital is slow to invest In an
enterprise founded on a permit revocable
at win.
1t Is the plain duty OF the government
to see to 1t that in the utilization and de-
vslopment OF all this immense amount
OF water power, conditions shall be i'm
posed that will prevent monopoly and
will prevent e1tortionats charges, which
are the accompaniment Of monopoly. The
difficulty Of adjusting the matter 10 ae-
csntuatsd by the rtlatien Of the power
sites to the water, the fall and now Of
which create the power. In the seaAes
whore these sites are, the riparian swn-
err does not control or own the pewsg IN
the water which flows past his lanA.
That power Is under the control and VITA
in the grant OF the state, and generally
the rule 10 that the first water user IL en-
titled to the enjoyment. Now, the pcs
session Of the bRnk or w~Ater-pewer site
over which the water Ia 70 be conveyed
in order to make the power useful, gives
to it's owner an advantage and q certain
kind Of control over the use Of the water
power, and II is proposed that the govern
ment in dealing with its own lands should
use this advantage and lease lands fer
power sites to. those who wSuid develop
the power, and impose conditions on tire
leasehold with reference to the reason
ableness Of the rates at which the power,
when transmitted, is to DO furnished 20
the public. and f~orbidding the union OF
the particular power with g combination
OF others made for the purpose of moRnp-
oily by forbidding assignment of The
lease save by consent OF the government.
Serious difficulties are anticipated by
III IN buCn an aIIculpL On the part OK
the general government because OF the
sovereign control Of the state over the
water power In its natural oo0dition, and
the mere proprietorship Of the govern
rnent in the riparian lan6A. II la SON.
tendsd that through its mere proprietary
right IN the site, the central government
has no power to attempt TO exercise DO
lice Jurisdiction with reference to how
the water power in q river owned and
rnnfrnlia1 hy the state ehoIf ~ YNaaH A,S
that it is a violation of the states rights.
/ question the validity OF this objection.
The government may impose any condf-
lions that IL chooses In Its lease OF tts
own property, even though IL may have
the same purpose, and In effect accom-
plish just what the state would accom-
plish by the exercise Of It's sovereignty.
There are those (and the director of the
geological survey, Mr.. Smith, who has
given a great deal OF attention to this
matter, is one Of them) who Insist that
this matter OF transmitting water power
into electricity, which can be conveyed
all over the country and across state
lines. Is q matter hat ought to be re-
tanned by the general government, and
that It should avail itself Of the owner
ship Of these power sites for The very
purpose Of co~-ordinating in one general
plan the power generated from these
government owned sites
Arguments Against Idea.
On the other hand. II Ia contended that
IL would relieve a complicated situation
II the control OF the water-power site
and the control of the water were vested
in the same sovereignty and ownership,
viz, the states, and then were disposed
Of for development to private lessees an
der the restrictions needed to preserve
the 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-
thorities deem a water power useful they
may apply to the government OF the
United States for a grant to the state
OF the adjacent land fer a water-pewer
site, and that this grant from tina fed
eral government to the state shall con-
tain a condition that the state shall
never part with the title to the water
power site or the water power, but shall
lease II only for a term OF years not AK
ceeding fifty, will provisions in the
lease by which the rental and the rated
for which the power IL furnished to tho
public shall be readjusted at periods less
than the term of the lease. say. every ten
years. The argument is urged against
this disposition of power sites that legis-
lators and state authorities are more swb-
Ject to corporate influence and centred
than would be the central government; in
reply it is claimed that q readjustnent
Of the terms of leasehold every ten years
would secure to the public and the state
just and equitable terms.
/ do not express an opinion upon the
controversy thus mad or a preference
as to the two methods of treating water
power sites. I shall submit the matter 20
congress and urge that ono or the other
of the tive plans be adopted.
I nave referred to the course OF the last
administrator and of the present one In
making Withdrawals Of government lands
from entry under homestead and other
laws and OF congress In removing all
doubt 80 to the validity Of these with-
drawals 40 q great step In the directtsn
Of practical conservation. But It 10 only
one OF tive necessary steps to effcct what
sharid be cur purpose. IT has produced
a status cue and prevented waste and fr-
revocabls disposition OF the lands until
the method for their proper disposition
can be formulated. But 1t is OF the ut
most Importance that such withdrawals
should not be regarded as the sral step
in the course OF conservation. ano that
the idea should not be allowed (. sprSad
that conservation IL the tying up OF n
natural Of the government for
indefinite withholding from use and the
remission &c remote generations to decide
what ought to be done with these means
OF promoting present general human conn
fort and progress. For, IL SO. 1t Is certain
to arouse the greatest opposition to con-
H.. - = $50 a~A