The Tupelo journal., 1910-09-09

| or sites, ana meant1me tnere nave Ucon
newly withdrawn Las. 1872 acres on vacant
public land. or a total Of 1,456, SS9 acres.
These withdrawals made from time to
| time cover all the power sites included
in the first Withdrawals. and many more.
on 135 rivers and in II states. The dispo-
sition Of these power sites involves one
OF the most diffacult 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 pubic
lands for the primary purpose OF irriga-
ton and such electrical current a. may
be Incidentally developed, but no grant
can be made under this statute to con-
Germs whose primary purpose 10 gener-
ating and handling electricity. The stat
ute of 1901 authorizes the secretary OF
the interior to issue revocable permits
over the public lands to electrical power
companies, but this statute is woefully In
adequate because 1t does not authorize
the collection of q charge or fix q term
OF years. Capital Is slow to invest in an
enterprise founded on a permit revocable
at will.
It is the plain duty of the government
to see to 1t that in the utilization and de-
/ velopment of all this immense amount
OF water power. conditions shall be Inn
posed that will prevent monopoly and
will prevent extortionate charges, which
are the accompaniment of monopoly. The
| difficulty OF adjusting the matter IL &C.
centuated by the relation Of the power
sites to the water. the fall and now Of
which create the power. In the states
where these sites are. the riparian own-
er does not control or wi the power In
the water which flows past his land.
That power is under the control and with
H. Al. ~ - fHa otnk and 0annroIIv
the rule is that the first water user Is 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 make the power useful. gives
to Its owner an advantage and a certain
kind Of control over the use of the 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 the reason
ableness of the rates at which the power
when transmitted, is to be furnished to
the public, and ~forbidding the union OF
the particular power with a combination
| OF others made for the purpose Of monop-
oily by forbidding assignment OF the
| lease save by consent Of the government.
Serious difficulties are 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 its natural condition, and
the mere proprietorship Of the govern
ment in the riparian lands. 1t 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 a river owned and
| controlled b. the state shall be used, and
4ho = a ie a violation Of tho states r1RhfS-
I question the validity Of this objection.
The government may impose any condi-
tions that it chooses in its lease OF lis
own property, even though it may have
the same purpose, and in effect accom-
plish just what the state would accom-
plish by the exercise of its 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 a matter that 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, it is contended that
it 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 IN
der the restrictions needed to preserve
the interests of the public from the extor-
lions and abuses of monopoly. Therefore.
bills nave been introduced in congress
providing hat 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 for a water-power
site. and that this grant from the 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 it only for a term of years not ex-
| ceedine fifty. with provisions in the
lease by which the rental and the rates
for which the power is furnished to the
| public shall be readjusted at periods less
than the term of the lease, say, every ten
wears. The argument is urged against
this disposition of power sites that egis-
lators and state authorities are more SUD-
iect to corporate influence and control
thar would be the central government; in
| reply it is claimed that a readjustment
| Of the terms of leasehold every ten years
would secure to the public and the state
| just and equitable terms.
I do not express an opinion upon the
| controversy thus made or a preference
| as to the two methods of treating water
power sites. I shall submit the matter to
| congress and urge that one or the other
of the two plans be adopted.
/ have referred to the course of the last
| administration 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 as to the validity Of these with
drawals as a great step in the direction
| Of practical conservation. But 1t is only
one of two necessary steps to effect what
should be our purpose. 1t has produced
| a status quo and prevented waste and IT.
| reyocable disposition of the lands until
| the method for their proper disposition
can be formulated. But it Is OF the ut
| most Importance that such WITHDRAWALS
should not be regarded as the final step
| in the course of conservation, and that
| the Idea should not be allowed to spread
that conservation is the tying up OF the
natural resources Of the government for
indefinite withholding from use and the
| remission to remote generations to decide
| what ought to be don with these means
| of promoting present general human COM
| fort and progress. For, If so. it is certain
| to arouse the greatest opposition TO con-
servation as a cause, and II 1t were a
correct expression Of the purpose OF con-
servationists it ought to arouse this OPP
position. AS I have said lsewhere, the
| problem is how to save and how to util-
ixe. how to conserve and still develop;
| for no sane person can contend that 1t is
| for the common good that natures bless
| ings should be stored only for unborn
generations.
l beg OF you. therefore, in your deiib-