The state herald., 1910-09-09

stored for settlement Of the original four
million, because they do not contain pow
Or sites; and meantime there have been
newly withdrawn 1.N6. .Ss1 acres on vacant
public land and n1.oU acres on entered
public land. or . total Of 1.%6s.sse acres.
These Withdrawals made from time TO
time cover all the power sites included
in the frst Withdrawals, and many more.
on 13S rivers and In II states. The dispo-
sition Of these power sites involves one
of the most difiicult questions presented
In carrying out practical conservation
The statute Of 1891 with its amendments
permits the secretary Of the interior to
grant perpetual easements or rights OF
way from water sources over public
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 gsnor-
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 II woefully In
adequate because II does not authorise
the collection OF q charge or fix term
of years. Capital 10 slow to invest in an
enterprise founded on . permit revocable
at will.
1t is the plain duty of the government
to see to It that in the utilization and de-
velopment of all this immense amount
of water power. conditions shall be i'm
posed that will prevent monopoly and
will prevent extortionate charges, which
are the accompaniment of monopoly. The
difficulty of adjusting the matter 10 &C.
centuated by the relation of the power
sites to the water. the fall and now of
which create the power. In the statss
where these sites are, the riparian own
er does not control or own the power in
the water which flows past his land.
That power Is under the control and with
In the grant of the state, and generally
the rule is that the FIRST water user II 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 tho use Of the water
power, and It is proposed that tho 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 tho reason-
ableness Of the rates at which the power.
when transmitted. is to be furnished 10
the public, and forbidding the union of
the particular power with a combination
OF others made for the purpose of monop-
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. che central government
has no power to attompt to exercise po-
lice Jurisdiction with reference to how
the water power in river owned and
controlled by the state shall be used. and
that It is n violation of the states rights.
question the validity OF this objection.
The government may impose any condi-
tions that II chooses in Its lesss of Its
own property. even though II 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 land the director of the
geological survey. Mr. Smith. who has
given a great deal of attention 10 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-
tained by the general government. and
that II should avail itself of the owner
ship of these power sites for Tho 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
II 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 lcssees un-
der the restrictions needed to preserve
the interests of the public from the extor-
tons and abuses OF monopoly. Therefore.
bills have been introduced In congress
providing that whenever the state nu-
thorities deem n water power useful they
may apply TO the government OF the
United States for grant to the state
OF tn. adjacent land for a water-power
site. and that this grant from tho fed
eral government to the state shall con-
tain a condition that the state shall
never part with tho title TO the water
power site or the water power. but shall
lease II only for term of years not ex-
lease by which the rental and the rates
for which the power is furnished to the
public shall be readjusted ut periods icss
than the term OF the lease. say, every ten
years. The argument In urged against
this disposition of power sites that iegis-
iators and state authorities are more sub
jcet TO corporate influence and control
than would be the central government. In
reply II is claimed that n readjustment
OF the terms OF i-asehoid every ten years
would secure to the public and the state
Just and equitable terms.
do not express an opinion upon the
controversy thus made or u preference
n, 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.
hav. referred to IN. 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 ms to the validity OF these with
drawais as n great step In the direction
of practical conservation. But Il 10 only
one OF two necessary steps to efYgct what
should be our purpose. II has produced
n status quo and prevented waste and ir-
revoeable disposition OF tho lands until
the method for their proper disposition
can be formulated. But II In OF the ut
most Importance that such Withdrawals
should not be regarded as tho nnai step
In tn. course OF conservation. and that
the idea should not be allowed 20 spread
that conservation 10 the tying up OF the
natural resources OF tho government for
tndefinlt withholding from use md the