The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-14
TAFT'S MESSAGE.
Continued from Page one.)

of the executive, by laws adapted to
the new condition. Unfortunately,
congress has not thus far fully acted
on the recommendation of the execu-
tive and the question as to what the
executive is to do. is. under the cir
cumstances full of difficulty. 1t seems
to me that it is the duty of congress
now, by a statute, to validate the
withdrawal which have been made by
the secretary of the interior and the
president and to authorize the secre-
tary of the interior temporarily to
withdraw lands pending submission to
congress of recommendations as to
legislation to meet conditions or
emergencies as they arise.
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 be done by that depart
ment whose force is best adapted to
that work. 1t should be done by the
interior department through the geo.
logical survey. Much of the confu-
sion, fraud and contention which has
existed in the past has arisen from
the lack of an official and determine
tive classification of the public lands
and their contents. 1t is low propos-
ed to dispose of agricultural lands as
such and at the same time to reserve
for other disposition the treasure of
coal, oil asphaltum, natural gas and
phosphate contained therein. This
may be best accomplished by separat-
ing the right to mine from the title
to the surface, giving the necessary
use of SO much of the latter as may
be required for the extraction of the
deposits. The surface might be dis
posed of as agricultural land under
the general agricultural statutes,
while the coal or other mineral could
be disposed of by lease on a royalty
basis, with provisions requiring a GER
tain amount of development each
year; and in order to prevent the use
and cession of such lands with others
of similar character SO as to constit-
ute a monopoly forbidden by law, the
lease should contain suitable provision
Subjecting a forfeiture the interest of
persons participating in such mono
poly. Such law should apply to
Alaska as well as to the United States.
1t is exceedingly difficult to frame a
statute to retain governmental control
over a property to be developed by pri-
Vate capital in such manner as to Sc
cure the governmental purpose and "a
the same time not brighten away the
Hence it may be necessary by laws that
are really only experimental to deter
mine from their practical operation
what is the best method of securing
the result aimed at.
The extent of the value of phosphate
that there will be for it as the years
roll on and the necessity for fertilizing
the land shall become more acute. this
Will be product which will probably
attract the greed of monopolists.
With respect to the public land which
Les along the streams offering oppor-
tunity to convert water power into
transmissible electricity. another i'm
portant phase of the public land ques-
ton 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 fed
eral government to the territorial gov
ernments as they become states, in
Guided the water power in the rivers
except so far as that owned by ripar-
ian proprietors. I do not think it nee
essary to go into a discussion of this
somewhat mooted question of law It
seems to me sufficient to say that the
man VINO owns and controls the land
along the stream from which the power
is to be converted and transmitted,
owns land which is Indispensable to the
conversion and use of that power. 1
cannot conceive how the power in
streams flowing through public 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
water is generated and converted and
securing a right of way thereover for
transmission lines. Under these conCli-
tons, if the government owns the ad
Jacent land, ndeed, if the government
is the riparian owner-it may control
the use of the water power by impos-
ton of the land necessary in the crea