The herald-advance. (Milbank, S.D.) 1890-1922, 1910-09-09

that tina axN,4l2 acres have been
stored for settlement OF the Original iou'
million. because they do not contain ~"
ar s,tes. and meantime there hAVo oeo.
newly withdrawn 1,245, ss2 acres on .X v.o
public land and 211oo7 acres on a. 80.
public land, or a total OF i'4oo''' +o
These Withdrawals made from ume W
time cover ali tho power sites lnciuo'0
In the first Withdrawals. and many no %
on 135 rivers and in II states. the uSpo
sttion of these power sites lnvoiVes oi'o
OF the most difficult questions presenteo
In carrying out practical conservation
The statute Of 1891 with Its amendniehls
permits the secretary or the lnteiiof
grant perpetual easements or rights OF
way from water sources over puoh@
lands for the primary purpose OF frisa
ton and such electrical current az may
be incidentally developed, but no Sran'
can be made under this statute 10 coh~
Germs whose primary purpose ls gene
ating and handling electricity. Ihe S'a.
ute Of 1901 authorizes the secretary W
the interior to issue revocable perHl'S
over the public lands to electrical power
companies but this statute Ia Woefully IN
adequate because 1t does not authori1o
the collection of charge or NIX term
Of years. Capital is slow to invest In an
enterprise founded on a permit revocao'e
at will.
IL
to see to it that in the utilization ana oe-
velopment Of all this immense amount
of water power, conditions shall be I'M
posed that will prevent monopoly ana
will prevent extortionate charges. wnlcn
are the accompaniment OF monopoly. Ihe
difficulty of adjusting the matter Is ac-
centuated by the relation OF the power
sites to the water, the fall and now 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 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 forbdding the union of
the particular power with a combinations
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 it's natural condition, and
the mere proprietorshp OF the govern
mert IN the riparian lands. IT 10 con-
tended that through its mere proprietary
right In the site, the central government
has no power to attempt to exercise po-
lice Jurisdiction with reference to how
the water power in river owned ana
controlled by the state shall be used and
that Ii is a violation OF the states rights.
l question the validity OF this objection.
The government may impose any condi-
tons that it chooses in It's lease OF It's
own property. even though It may have
the same purpose, and in effect accom-
plish just what the state would accom-
pish 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 10 this
matter. is one of them) who Insist that
this matter OF transmitting water power
into electricity, which be conveyed
all over the country and across state
lines is a matter that ought to be re-
tained by the general government, and
that 1t should avail itself of the owner
ship OF these power sites for the very
purpose of co-ordinating In one general
government owned sites.
Arguments Against Idea.
On the other hand, it is contended that
it would relieve 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
OF for development to private lessees un-
der the restrictions needed to preserve
ha intn 81 lic frny tha aytn
tions 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
site, and that this grant from the fed
eral government to the state shall con-
tain a condition that the state shall
never part with the title to the water
power site or the water power. but shall
lease 1t only for term OF years not ex-
ceedmg fifty, with provisions In tho
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 legts-
lators and state authorities are more sub
ject to corporate influence and contrel
LudI WOulo pc the central government, IN
reply 1t Is claimed that readjustment
of the terms of leasehold every ten years
would secure to the public and the state
just and equitable terms
l do not express an opinion upon the
controversy thus made or n 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.
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 othor
laws and OF congress in removing all
doubt to the validity of these with
drawals as a great step in the direction
of practical conservation. But it Is only
one OF two necessary steps to effect what
should be our purpose. 1t has produced
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 the final step
In the course Of conservation. and THAI
the idea should not be allowed to spreaA
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