Los Angeles herald., 1910-04-19
GARFIELD SAYS WATER
TRUST ALREADY EXISTS
Makes Strong Plea for Co-Opera-
ton Between Federal and
State Governments

DENVER, April 19.-Declaring all
| the elements which go to make up
water trust are in existence today, and
the tendency toward such centraliza-
tion is growing stronger, James r. Car
| field, former secretary of the interior,
| tonight made a strong plea before the
Colorado conservation commission for
cooperation between the federal and
state governments in the conservation
| Of water power resources.
| Mr.. Garfield was preceded by Cover
nor John F. Shafroth. who, at the
morning session of the meeting, de-
clared in unqualified terms for eXclu-
! sive control by state governments.
1.-THE federal government has no title
to the waters or the rivers and streams
| in any part of this country, whether
they be navigable or non-navigable," +"
asserted Governor John f. Shafroth of
| Colorado today before the members of
| the Colorado conservation commission.
In the audience was James r. Garfield,
former secretary of the interior
"The most the government has" Gov
ernor Shafroth continued "is an ease
ment which is exercised properly to the
end that no obstructions shall be per-
mitted to interfere with interstate COM
| merce."
The governor, therefore, antagonized
the various bills now pending in con-
gress to give more or less control to
| the federal government over all water
powers In the several states.
At the morning session letters were
read from Phillip P. Wells. counselor
| of the national conservation commits
sion. upholding Garfleld's position, and
from Secretary of the Interior r. A.
Ballinger, upholding Governor Shaf-
roth's stand
Mr. Wells letter was in answer to a
request for a statement sent to Clifford
Pinchot, former chief forester. This
letter reached Washington too late tc
be forwarded to Mr.. Pinchot in Europe
and 1t is understood Mr.. Wells was
speaking for Mr.. Pinchot.
The entire evening session was given
over to Mr.. Garfield's address He de-
Tended the course of former President
Roosevelt in making use of a broad
executive authority to make with
drawals of water power sites, and
sought to show by quotations from the
constitution, and from the decisions
of Chief Justice Marshall, that the
chief executive was fully empowered tc
conserve such public interests under
the broad rule of the general welfare.
In conclusion, Mr.. Garfield stated the
reasons for the belief of himself and
others that it is the right and duty oi
the federal government to deal with
these problems, as follows:
A-The right to occupy and use lands
of the United States for hydraulic and
electric works; to generate and dis
tribute power as entirely distinct from
and Independent of the right to appro-
pirate for the same purpose water
flowing through and upon the lands ol
the United States.
B--The right of the United States tC
dispose of the right to occupy and use
it's lands for hydraulic work does not
interfere with state control of water
appropriation. On the contrary, it af-
fords basis for cooperation of state
and nation.
C-Under the existing law the proper
administrative officer of the govern
ment is fully authorized to grant the
occupancy and use of its lands for the
development of water power but such
grant is by the statute expressly made
revocable by him or his successor al
his discretion.