The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1910-12-06

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IS b 10th 81 ], 4s0s8 acres. These
yitlidr1 4, made frotn time to time
eoyer an tie power sizes included In
the first Withdrawals and many more
on l6I rivers and IN twelve states.
The disposition OF these power sites
Involves one Of the most difacult ques=
lions presented In carrying out prac-
deal conserya tiOn-
The Forest service. under power
found in the statute. has leased q num-
Der OF these power sites in forest re-
serves by revocable leases, but no such
power exists with respect to power
sfteh that are not located within for
est reserves, and the revOcahle system
OF leasing Is, of course, not q sattsEac-
tory one for the purpose Of inviting
the capital needed to put in proper
plants for the transmutntion Of power.
The statute OF 1891 With It's amend
ments permits the secretary Of the tu-
terror to grant perpetual easements or
rights of way from water sources over
public lands for the primary purpose OF
irrigation and. such electrical current
as may he incidentally developed but
no grant can be made under this stat
ute 10 concerns whose primary purpose
Is generating and handling electricity
retary OF the interior to issue reyOca-
bic permits over the public lands TO
electrical power companies. but this
statute Is woefully inadequate because
It does not authorize the collection OF
n charge or fix term OF years. Capt.
tai Is slow to invest in an enterprise
founded on n permit revocable at viii.
The subject IS one that calls for new
Ier-islation 1t has been thought that
there Hnss danger of combination to OBJ
tofn possessfon OF all the power sites
and to unite them under one control
whatever the evidence OF this, or lack
Of #. Mt present we. have had enough
exDerience to know that combination
would be profitable, and the control OF
n grent number OF power sites Wouiu
enable the holders or. owners to raise
the price of power at will within GER
tain sections, and the temptation woutu
promptly attract investors and the d hh-
ger Of monopoly and extortion wouiu
not be remote one.
however this may be. it is the pIaln
duty OF the government TO see 10 II
that in the utilization and development
of all this immense amount OF wafer
power conditions shall be imPoseu
that will prevent extortiOnate charges.
of monopoly.
The difhculty of adjusting the mat !.
tor is accumulated by the relation OF
Tho ,,oWer sites to the water, the fall
ana aow of which create the power
Tn the states where these sites are the
,,,narIan owner does not control or
own fine power in the water which
f,ovvs mast his land. That power IS
under the control and within the grant
Of the state. and generally the rule IS
that the first user is entitled to the
endowment. Now, the possession OF
the hank 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 GER
tain kind of control over the use OF the
water power. and It is proposed that
the government in dealing with ATS
own lands should use this advantage
and lease lands for power sites TO
those who would develop the power
and Impose conditions on the lease
hold with reference to the reasonable
ness Of the rates at which the power
when transmitted Is to be Iurnlsh lte
TO the public and preventing the
abuses of monopoly by forbiddinG as
siSnment OF the lease save with con-
sent of the government
Serious difBcult1es 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 condl-
ton, and the mere proprietOrship of
the government in the riparian lands.
1t Is contended that through Its mere
proprietary right in the site the cen
trial government has no power to at
tempt to exercise police jurisdiction
with reference to how the water pow
or in n river owned and controlled by
the state shall be used and that 1t is
n violation of the states rights
1 question the validity OF this obJec-
ton. The government may impose any
conditions that it chooses In its leHs
of its own property. even though It
may have the same purpose and In ef-
feet accomplish just what the stnte
would accomplish by the exercise or
its sovereignty There are those (and
the director OF the geological survey,
Mr.. Smith, who has given II great deal
OF attention to this matter, Is Que OF
them) who insist thnt this matter OF
transmitting water power into electric
ity which can be conveyed all over the
country and across suite lines is a mat
ter that ought to be retained by the
general government and that 1t should
avail itself or the ownership OF these
power sites for the very purpose OF
co-ordinating In one general plan the
1,ou,aT. Uene1,a tod from these govern