The Detroit times., 1910-01-15

on loz streams and these Withdrawals
tneretore cover Izs per cent more
streams than were covered by the with
drawals made prior to that date.
The present statutes, except so far
as they dispose OF the precious metals
ana tue purely agricultural lands. are
not adapted 70 carry out the modern
view OF the best disposition OF public
lands 10 private ownership under con-
aaiuons onerins on the one hand suf.
To take them over for proper develop
inent. with restrictive conditions on the
other which shall secure TO the public
prevent monopoly or misuse OF the
lands or their products. The power OF
the secretary OF the interior 20 with
draw from the operation OF existing
statutes tracts OF land, the disposition
OF which under such statutes would
be detrimental to the public interest. Is
has been exeraised i in The interest @ OF
the public. with the hope that con-
gress might AFFIRM the action OF the
eard,,,n earSutlve by lnws adapted to ss the new
has not thus far fully acted on the
| recommendation of the executive and
the question as to what the executive
is TO do IN. under the circumstances
full or difficulty. 1t seems to me that
Is the duty OF congress now, by a
statute. to validate the Withdrawals
tary OF the Interior and the president
and TO authorize the secretary OF the
interior temporarily 10 withdraw lands
concentrations as TO legislation 10 meet
conditions or emergencies as they
arise.
Lands should he Classiaed.
One OF the most pressing needs In
the matter OF public-iand reform Is
| that lands should be classified accord
ing to their principal value or use. This
| ought 10 be done by that department.
whose force IL best adapted to that
| ah ha ht h.. Int a
Tor department through the geological
survey. Much OF the confusion. fraud
and contention which has existed In
the past has arisen from the lack of an
! official and determinative classification
| OF the public lands and their contents
II Is now proposed To dispose OF ag-
same time TO reserve for other dispo-
| sition the treasure OF coal. oil. asphalt
um. natural gas. and phosphate con-
tanned therein. This may be best ac-
complished by separating the right to
mine from the title to the surface, CIV
| ing the necessary use OF so much or
extraction OF the deposits. The surface
might be disposed of as agricultural
land under the general agricultural
crai could he disposed OF by lease on a
royalty basis. with provisions recurring
certain amount OF development each
year; and In order to prevent the use
OF similar character so as TO constitute
monopoly forbidden by law. the lease
should contain suitable provision sub,
jecting TO forfeiture the interest OF
persons participating In such ronop-
oily. Such law should apply TO Alaska
as well as to the United States:
II is exceedingly difficult to frame a
statute TO retain government control
/ over a property TO be developed hy pri-
vate capital In such manner as to Sc.
the same time not frighten away the
| investment OF the necessary capital
Hence. II may be necessary by laws
that are really only experimental to
determine from. their practical oper-
alton what Is the best method OF Sc
curing the result aimed at.
The extent of the value OF phosphate
Is hardly realized. and with the need
| that there will he for II as the years
roll on and the necessity OF fertilizing
the land shall become more acute, this
will be a product which will probably
attract the greed OF monopolists.
With respect to the public land
which lies along the streams Offering
into transmissible electricity. another
important phase OF the public-land
question Is presented There are val,
the public-land states. The opinion Ia
held that the transfer OF Sovereignty
! from the federal government TO the ter
| ritorial governments as they become
states. included the water power In the
rivers except 40 far as that owned by
riparian proprietors. l do not think II
4
| this somewhat mooted question OF law.
| II seems to me sufficient to say that
the man who owns and controls the
| land along the stream from which the
| power is to be converted and transmit
| ted, owns land which Is indispensable
TO the conversion and use of that
| power. / can not conceive how the
power In streams moving through pub
lie lands can be made available at all
except by using the land Itself IA the
site for the construction of the plant
by which the power Ia generated and
converted and securing right of way
thereover for transmission lines. Tn
der these conditions. III the government
owns the adjacent land--indeed. II the
government Is the riparian owner--it
may control the use OF the water power
10y imposing proper conditions on the
disposition OF the land necessary i'm
the creation and utilization OF the
water power
Use of Power sites.
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 IL IL no longer problematical.
but IL is certain Inference that In the
future the power OF the water falling
in the streams to large extent will
take the place OF natural fuels. In the
granted. many water-power sites have
come under absolute ownership. and
may drift into one ownership, so that
all the water power under private own
ership shall be a monopoly. II. how
ever. the water-power sites now own
ed 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 a 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 to not exceeding so
years with proper means for deter
mining reasonable graduated rental.
and with some suitable provision for
fixing terms OF renewal. Ii would seem
entirely possible TO prevent the absorp-
tion OF these most useful lands by
rover monopoly. AS long as the gov
| ernment retains control and can pre-
vent their improper union with other
plants. competition must be maintained
and prices kept reasonable.
IN considering the conservation OF
the natural resources OF the country.
the feature that transcends all others
including woods. waters. minerals, Is
the soil OF the country. Ii IN incum-
bent upon the government TO foster by
all available means the resources OF
the country that produce the food OF
the people. To this end the conserva-
tion OF the soils OF the country should
be cared for with all means at the gov
! ernment's disposal Their productive