Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-01-20

laws adapted TO the new conditions
Unfortunately. congress has not thus
far fully acted on the recommends
tons of the executive. and the uues.
ton as to what the executive is to dc
is, under the circumstances, full Of
difficulty.
1t seems to me that it Is the duty
of z now, by a statute. to vail.
date the Withdrawals which have been
made by the secretary Of the interior
and the president and to authorize the
secretary Of the interior temporarily
to withdraw lands pending submission
TO congress of recommendations as to
LEGISLATION to meet conditions or emer-
gencies as they arise.
Should Classify Lands.
One of the most pressing needs In
the matter Of public land reform is
that lands should be classified accord
Ing to their principal value or use.
This ought to he done by that depart
'ncnt whose force is best adapted to
that work. II should be done by the
interior department through the geo.
logical survey. Much of the confu-
sion. fraud and contention which hns
existed IN the past has arisen from the
lack of IN official and determinat've
classification Of the public lands ana
their contents.
1t is now proposed to dispose Of az
ricultural lands as such and Mt the
same time to reserve for other dis
position the treasure of coal. oil, as.
phaltum. natural gas and phosphate
contained therein. This may be best
accomplished by separating the right
to mine from the title to the surface.
giving the necessary use Of go much
Of the latter us may be required for
the extraction Of the deposits. The
surface might be disposed Of as ngri-
cultural land under the general agri-
cultural statutes, while the coal or
other mineral could be disposed of by
lease on a royalty basis, with provi-
sions requiring II certain amount of
development each year. and In order
to prevent the use and cession of such
lands with others Of similar charac.
ter so as to constitute Il monopoly for
hidden by law the lease should con-
tain suitable provision Subiecting to
forfeiture the interest of persons par
ticipating in such monopoly. Such
law should apply to Alaska as well
rs to the United States.
1t is exceedingly difficult TO frame a
statute to retain government control
over Il property to be developed by
private capital in such a manner as to
secure the governmental purpose and
ut the same time not brighten away
the investment of the necessary CAPT.
tal. Hence If may be necessary by
laws that are really only experimental
to determine from their practical oper-
curing the result aimed ut.
The extent Of the value of phOs-
phate is hardly realized. and with the
need that there will he for 1t as the
years roll on and the necessity for fer
tili2ing the land shall become more
probably attract the greed of monopo-
lists.
With respect to the public land which
lies along the streams offering Oppor-
tunity to convert water power into
transmissiblc electricity. another i'm
portant phase of the public land ques-
tion Is presented. There are valuable
water power sites through all the pub
lie land states. The opinion Is held
that the transfer Of sovereignty from
the federal government to the terrific
rial governments as they become states
included the water power In the rivers
except so far as that owned by ripari.
an proprietors. | do not think II nee
essary to 60 into q discussion Of this
somewhat mooted question of law.
1t seems to me sufficient to say that
the man who owns and controls the
lnnd along the stream from which the
power is to be converted and trans
mitted owns land which is indispen-
sable to the conversion and use Of
that power. | cannot conceive how the
power in treams flowing through pub
lie lands can be made available at all
except by using the land Itself as the
site for the construction of the plant
by which the power Is generated and
converted and securing a right Of way
thereover for transmission lines. I'm
der these conditions, If the government
owns the adjacent land. indeed if
the government is the riparian owner.
it may control the use Of the water
power by imposing proper conditions
on the disposition OF the land neces-
sary in the creation and utilization of
the water power.
Water Power Important.
The development in electrical appli-
ances for the conversion Of the water
power into electricity to be transmit
ted long distances has progressed so
far that it is no longer problematicaI.
but it Is n certain inference that in the
future h power of the water falling
in the streams to a large extent will
take the place of natural fuels.
In the disposition of the domain al
ready granted many water power sites
have m under absolute ownership
and may drift into one ownership. so
that all the water power under private
ownership shall he a monopoly. If.
however. the water power sites now
owned by the government-and there
are enough Of them-shall be disposed
Of to private persons for the invest.
ment of their capital in such Il way as
to prevent their union for purposes of
monopoly with other water power
sites and under conditions that shall
limit the right Of use 10 not exceeding