The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1910-09-08

that time 3475.4i2 acres have been re-
stored for settlement Of the original four
| million, because they do not contain pow
er sites: and meantime there have been
newly withdrawn l.2i5. S92 acres on vacant
public land and .007 acres on entered
public land or total of 1859 acres.
These Withdrawals made from time to
time cover all the power sites included
| In the first Withdrawals and many more,
| on 1855 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 it's amendments
| permits the 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 Is woefully In
adequate because 1t does not authorize
| the collection OF a charge or fix a term
| Of years Capital is slow to invest in an
enterprise founded on permit revocable
| at will.
| II ~ tno pain uuly OF the
| 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 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 the ripariaN
| 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 advantage and certain
| kind OF control over the use Of the water
power and 1t is proposed that the govern
ment In dealing with its own lands should
use this advantage and lease lands for
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 forbiddiug the union of
the particular power with a 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 propretorship OF the govern
rnent in the riparian lands. It is con-
tended that through its mere proprietary
right In the site, tle 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 It is a violation OF the states rights.
| question the validity OF this objection.
The government may impose any condi-
tons that 1t chooses in its lease Of its
own property, even though 1t may have
the same purpose. and in effect accom-
plsh just what the state would accom-
plsh by the exercise of Its sovereignty.
There are those land 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 be conveyed
all over the country and across state
lines, is matter that ought to be re-
tanned 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, 1t is contended that
1t would relieve a complicated situation
II 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
- 10 m nrivata 10 lSppa
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 a water power useful they
may apply to the government OF the
United States for grant to the state
of the adjacent land for a Water-power
site, and that this grant from the fed
eral government to the state shall con-
tain condition that the state shall
never part with the title to the water
power site or the water power, but shall
lease it only for a term Of years not ex-
ceeding fifty. with provisions in the
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 sub
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.
do not express an opinion upon the
controversy thus made or preference
as to the two methods of treating water
power sites | shall submit the matter to
congress and urge that one or the other
of the two plans be adopted
l 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. IL has produced
a status quo and prevented waste and IT.
revocable disposition of the lands until
the method for their proper disposition
can be formulated But II 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, Il is certain
to arouse the greatest opposition to con-
servation as cause. and IL Il were a
correct expression OF the purpose of con-
servationists 1t ought to arouse this OPP
position. AS have said elsewhere. the
problem is how to save and how to util-
ize how to conserve and still develop:
for no sane person can contend that II Is
Ahaf ro,a