The Elbert County tribune., 1910-09-09

stored for settlement ef the original fon1
million. because they DO net eontaAn pSw-
G. sites. and meantime there have bon1
newly withdrawn i.s1s.s ~ acres on vacant
public land and ni.oo7 acres on entsrs1
public land. or . total Of 1.<6s. - acrsa-
Thsss Withdrawals made from time TO
time cover all tho power sites included
In the hrst Withdrawals. and many more,
on i36 rivsrs and In II stAtes- The dispo-
sition OF these power sites involves one
OF the most difioult questions presented
In carrying out practical conssrvatisa
The statute of 1854 With its amsndnsnts
grant perpetual easements or rtghte of
way from water sources over public
lands for the primary purpose OF frrfga-
ton and suoh electrical current a. may
can be made under this statute to con-
Germs whose primary purpose IL Esner~
atinK and handling electricity. The stat
ute of 1901 authorizes the secretary OF
the interior to issue revocabis permits
over the public lands to electrical power
companies. but this statute IL woefuliy In
adequate because It does not authorize
the collection of a charge or nx term
of years. Capital is slow to invest in an
enterprise founded on = permit revocablc
Mt will.
II In the plain duty OF the government
to see to It that in tho utilization and de-
velopment of all this immense amount
OF water power. conditions shall be i'm
will prevent extortionate charges. which
are the accompaniment of monopoly. The
difficulty OF adjusting the matter IL
centuated by the relation of the power
sites to the water. the fall and now OF
which create the power. In the Btatss
where these sites are. the riparian own
er does not control own the power In
| the water which flows past his land.
| That power Is under tho control and with
| In the grant of the state and generally
4 n
| titled to the enjoyment. Now. the pos
| session of the bank 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 uso of tho water
| power. and II 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
| ablencss of the rates at which the power.
when transmitted Is to be furnished to
| the public, snd forbiddinR tho union OF
the particular power with q combination
| OF others made for the purpose of monop-
| oily by forbidding assignment of tho
| lease save by consent OF the government.
| Serious difficulties are anticipated by
some in such 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 proprietor-hip of the govern
| ment in tho riparian lands. 1t IL con-
| tended that through It's 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 by the state shall be used. and
that 1t fs a violation of tho states rights.
| I question the validity Of this objection.
| The government may impose any condi-
tions that Il chooses in Its lease of Its
l.
| 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 tho
geological survey. Mr.. Smith. who has
| given great deal of attention TO this
matter. Ia 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 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
II would relieve a complicated situation
II the control of the wator-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 1essees un-
der the restrictions needed to preserve
the interests OF the public fromthe extor-
tfons and abuses of monopoly. Therefore.
! bills have been introduced in congress
providing that whenever the state nu-
thorities deem a water power useful they
may apply to the government of the
United States for grant to the state
of the adjacent land for water-power
site. and that this grant from the fed
erai government to the state shall con-
tain condition that the state shall
never part with the title to the water
| power site or tho water power. but shall
lease II only for a term of years not ex-
ceeding 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
years. The argument is urged against
this disposition OF power sites that Iegis-
iators and state authorities are more sub
Ject to corporate influence and control
than would be the central government: in
reply 1t is claimed that readjustment
of the terms OF leasehoid every ten years
would secure to the public and the state
just and equitable terms.
l do not express an opinion upon tho
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 II is only
one OF two necessary steps to effect what
should be our purpose. 1t has produced
a status quo and prevented waste and ir-
revocable 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 the final step
in the course OF conservation. and that