Barbour County index., 1910-09-14
that time a47s,4a acres have been re-

PUBIC land and 2ll,00I acres on enlereo
pubic land, or total Of 1.45S.s9s acres
These Withdrawals made from time TO |
time cover all the power sites included
in the first Withdrawals. and many more,
on 1So rivers and in IL states. The dispo-
sition of these power sites involves one
of the most difficult 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 or /
way from water sources over puonc |
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 I
the interior to issue revocabte permits |
over the public lands to electrical power !
companies. but this statute is woefully In !
the collection of a charge or fix term
OF years. Capital is slow to invest In an
enterprise founded on n permit revocable I
at will
1t is the plain duty of the government
to see to IL 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 Is ac-
centuated by the relation of the power
sites to the water, the fall and flow 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
the 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 of the water
power. and il is proposed that the govern
ment In dealing with its own lands should
use this advantage and lease lands FOL
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 forbiddins 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 in its natural condition, and
the mere proprietorship of the govern
rnent in the riparian lands. 1t is con-
tended that through it's mere proprietary
right in the site, the central government
has power to attempt 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 a violation of the states rights.
1 question the validity Of this objection.
The government may impose any condi-
tions that 1t chooses in its less. of Its
own property. even though it 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 a great deal of attention TO this
matter. is one of them who insist that
this matter of transmitting water power
into electricity, which can he 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
it would relieve complicated situation
If 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 lessees 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 au-
thorities deem water power useful they
may apply to the government of the
| United States for a grant to the state
| of the adjacent land for a water-power
cit md hot MT foH-
| eral government to the state shall con-
| tain a condition that the state shall
| never part with the title to the wtter-
| power site or the water power, but shall
| lease it only for a term of years no. ex-
! ceeding fifty, with provisions in tia
! 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 legis-
| lators and state authorities are more SUBJ
| ject to corporate influence and control
than would be the central government; in
| reply it is claimed that readjustment
| of the terms of leasehold every ten years
| would secure to the public and the state
| just and equitable.terms
1 do not express an opinion upon the
controversy thus made or a preference
as to the two methods of treating water
| congress and urge that one or the other
| of the two plans be adopted.
| I 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 1t 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 as the final step
| in the course of conservation, and that
| the idea should not be allowed to spread
| that conservation is the tying up of the
| natural resources of the government for
| indefinite Withholding from use and the
remission to remote generations to decide
| what ought to be done with these means
| of promoting present general human COM
| fort and progress. For. IL so, 1t Is certain
| to arouse the greatest opposition to con-
| cause and IL Wera q