The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-01-14

the Withdrawals made prior to that
date.
The present statutes, except SO far
as they dispose OF precious metals
and purely agricultural lands, arc not
adapted to carry out the modern view
of the best disposition of public lands
TO private ownership. under condi-
tions offering on tho one hand, sui
6cient inducoment to private capital
to take them over for proper deyel.
opmeut with restrictive conditions
and on the other, which shall secure
TO the public that character of con-
troll which will prevent a monopoly
or mIsrSc OF the lands or their pro-
ducts
Power Of Secretary Of interior.
The power Of the secretary OF the
interior TO withdraw from the opera
tion OF existing statutes tracts of land,
the disposition Of which under such
statutes would be detrimental to the
public interest. Is not clear or salts
factory. This power has been exer.
cised In the interest OF the public,
with tho hope that congress might
affirm the action OF the executive by
o.
Unfortunately congress has not
thus far fully acted on the recommen.
dations Of the executive and the ques-
tion as To what the executive Is to do,
is. under the circumstances, full OF
difficulties. 1t seems to me that 1t is
the duty OF congress now. by stat
ute. 10 validate Withdrawals which
have been mado by the secretary OF
the interior and president and to au-
thorizo the secretary OF the interior
temporarily 10 withdraw lands pend
ing submission to congress of recon-
mcndations as TO legislation TO meet
conditions OF emergencies as they
arise.
Classification Of Lands.
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 10
that work 1t should be done by the
Interior department through the geo
logical survey. Much Of the confus-
lon. fraud and contention which has
existed in the past has arisen from
the lack Of an official and detcTmina-
tive classification of the public lands
and their contents.
II is now proposed to dispose of ag
ricultural lands as such and al tho
same time 10 reserve for other dtspO-
Sition the treasure OF coal, oil. as-
phaltum, natural gas, and phosphate
contained therein. This may be best
accomplished by separating the night
AL -.
giving the necessary uso of so much
Of the latter as NAV be required for
the extraction Of tho deposits. Tho
surface might be disposed OF as az
I1culturaJ land under the general az
ricultUral statute while tho coal or
other mineral could be disposed Of by
lease on royalty basis. with proviS-
Ions requiring a certain amount of dc
yelopmeut each year: and In order to
prevent the use and oeSsloD OF such
lands with others of similar charaG-
ter seems TO constitute monopoly
forbidden by law, the lease should
contain suitable provision subjecbns
10 forfeiture tho interests of persons
participating In such monopoly. Such
law should apply to Alaska as well as
TO the United States.
II Is exceedingly diflcult to frame a
statute 10 retain government control
over a property to be developed by
private capital in such a manner as
to secure the governmental purpose
and at the same time not frighten
away investment OF the necessary cap
itaL Hence, II may be necessary by
laws that are really only experiment
81 to A-t..
operation what Is the best method OF
securing the result aimed at
Value OF Phosphate.
Tho extent Of the value OF phoS-
phate Is hardly realized. and With the
need that there will be for IT as the
years roll on and the necessity for
fertJlizing the land shall become more
acute. this will be a product which
Will probably attract tho greed OF mo-
nopoljsts
With respect to the pOblic land
which Hes along tho streams Offering
opportunity to convert water power
into tiangmissible electricity. another
important phase of the public ques-
ton is presented There are valuable
water power sites through all public
land states. opinion Is held that trans
fer of the sovereignty from federal
government TO territorial governments
as they become states. Included wat
er power In rivers except that owned
nv riparian proprietors. l do not
think &c Is necessary 10 go into dis
cusslon of this sozlewhat mooted Ques-
tIon of law. IL seems To me sufficient
10 cav that the man who owns and
controls the land along the stream
from which the power Is to be con-
verted and transmitted, owns land
which is indispensable to the conver-
sion aud use of that power. | 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 con
atructIon Of the plant by which the
mower is generated and converted and
occurring right OF way thereover for
Transmission lines. Under these con
( diticns, II the government owns the
adjacent lands-lndeed. if the GOV
eromcnt Is the riparian owner-lt may
| control the use OF water power by i'm.
/ posing proper conditions on the diSpo-
sitlon OF land necessary In the Great
! ing and utilization OF water power
Water Power.
Development in electrical appliances
for the conversion OF water power in