The Montgomery tribune., 1910-09-09

that time s,i7b, 4fs aores have been rc-
stored for settlement OF the original four
million, because they do not contain pow
er sites; and meantime there have been
newly withdrawn 1,245,S92 acres on vacant
public land and 2i1,0O7 acres on entered
public land, or total of 1456.S99 acres.
These Withdrawals made from timo to
time cover all the power sites Included
in the first Withdrawals, and many more
on 1876 rivers and in II states. Tho dispo-
sition of these power sites involves one
of the most difficult questions presented
In carrying out practical conservation.
The statute OF 1891 with it's amendments
permits tho 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 as may
be incidentally developed, but no grant
can be made under this statute to con-
Germs whose primary purpose is 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 Ii woefulIy In
adequate because II does not authorize |
the collection OF charge or fix term
Of years. Capital is slow to invest In an |
enterprise founded on q permit revocable
at will.
It 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 ana
will prevent extortionate charges, which
are the accompaniment OF monopoly. The
difficulty of adjusting the matter Is ac-
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 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
tho 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 certain
kind of control over the use OF the water
power, and II is proposed that the govern.
ment In dealing with its own lands should
use this advantage and lease lands Tor
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 forbdding the union of
the particular power with 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 III Its natural condition, and
the mere proprietorship of the govern
| rlent 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 by the state shall be used, and
| that 1t is violation of the states rights.
| / question the validity OF this objection
| The government may impose any condi-
tions that it chooses in its lease of Its
| own property, even though 1t 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 great deal of attention TO tins
matter, is one of them) who Insist that
this matter of transmitting water power
into electricity, which cnn be conveyed
all over the country and across state
lines is matter that ought to be re-
tanned by the general government, and
that 1t 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
IL the control of the water-power site
and the control Of the water were vesteo
| In the same sovereignty and ownership
viz, the states, and then were disposed
Of for development to private lessees un
| der the. restrictions needed to preserve
the interests of the public from the extor
tions and abuses of monopoly. Therefore
bills have been introduced In congress
providing that whenever the state au
thorities deem water power useful the,
may apply to the government or tn
| United States for grant to the stat
| of the adjacent land for o. water-powe
site, and that this grant from the fed
| eral government to the state shall con
tain a condition that the state shal
never part with the title to the water
| power site or the water power. but shal
lease 1t only for term of years not ex
! ceeding fifty, with provisions In tn
lease by which the rental and the rate
for which the power Is furnished to tn
public shall be readjusted at periods les
than the term of the lease, say. every te
; years The argument is urged aga.ns
. this disposition of power sites that legis
3 lators and state authorities are more sui
feet to corporate influence and contrt
than would be the central government;
reply 1t is claimed that readtustmer
. | OF the terms OIL leuStHOiQ cNtiy ech yOoi
n would secure to the public and the stat
just and equitable terms.
do not express an opinion upon tn
controversy thus made or preferent
n as to the two methods OF treating wate
!, y power sites. / shall submit the matter
: congress and urge that one or the oth'
!. of the two plans be adopted
d / have referred to the course OF the la
q administration and Of the present one
l. making Withdrawals OF government lant
q from entry under homestead and 9TH
! laws and of congress in removing 9
Il doubt as to the validity of these Wit
II drawals as a great step In the directit
1t OF practical conservation. But 1t Is on
q one OF two necessary steps to effect VIII
Is should be our purpose. IT has produce
"a a status quo and prevented waste and
a. revocable disposition of the lands up
d | the method for their proper dispositi'
= can be formulated. But 1t is OF the Y
a I most Importance that such withdraws
DO should not be regarded as the Anal st