Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-01-14

incnt to private capital to take them over
for proper development. with restrictive
conditions on the other which shall Sc
cure to the public that character OF con-
troll which will prevent a monopoly or
misuse of the lands or their products me
power Of the Secretary of the Inferior TO
withdraw from the operation or existing
statutes tracts of land. the disposition
of which under such statutes would be
detrimental to the public interest, is not
clear satisfactory.
Withdrawals Should Be Validated.
This power has been exercised In the
interest of the public. with the hope that
Congress might affirm the action of the
executive by laws adapted to the new
conditions. Unfortunately, Congress has
not thus far fully acted on the recommen-
dattons of the executive. and the question
as TO what the executive is to do is. under
the circumstances. full of difficulty
II seems to me that il is the duty Of
Congress now, by statute. to validate
the Withdrawals which have been made
by the Secretary OF the Interior and the
President. and to authorize the Secretary
OF the Interior temporarily to withdraw
lands pending submission to Congress of
recommendations as to legislation to meet
conditions or emergencies as they arise
one or the most pressing needs in the
matter of public land reform is that
lands should be classified according to
their principal value or use. This ought
TO be done by that department whose
force is best adapted to that work 1t
should be done by the Interior Depart
ment. through the geological survey.
Much OF the confusion, fra nd and con-
tention which has existed in the past has
arisen from the lack of an official and de-
terminative classification of the public
lands and their contents.
IL is now proposed to dispose of agricul-
tural lands as such and at the same time
TO reserve for other disposition the trea-
sure OF coal. oil, aSpha ltum, natural gas
and phosphate contained therein. This
may be best accomplished by separating
the right to mine from the title to the
surface, giving the necessary use of so
much OF the latter as may be required
Tor the extraction of the deposits. The
surface might be disposed of as aRr-
cultural land under the general agricul-
tural statutes. while the coal or other
mineral could be disposed of by lease on
q royalty basis, with provisions reuuir-
ing a certain amount of DEVELOPMENT
each year. and in order to prevent the
use and cession of such lands with others
OF similar character as to constitute a
monopoly forbidden by law, the lease
should contain suitable provision subject
ing to forfeiture the interest of persons
participating In such monopoly. Such
law should apply to Alaska as well. as to
the United States
Difficulty of Legislation.
1t is exceedingly difficult to frame a
statute to retain government control over
property to be developed by private CAP
tai in such manner as to secure the gov
ernmental purpose and at the same time
not brighten away the investment of the
necessary capital. Hence, it may be nee
essary Dy laws that are really only ex-
detrimental to determine from their prac-
tical operation what is the best method
IF securing the result aimed at
The extent of the value of phosphate is
hardly realized, and with the need that
there will be for II as the years roll on
and the necessity for fertilizing the land
shall become more acute. this will be a
product which will probably attract the
greed of monopolists.
With respect to the public land which
mes along the streams offering opportu-
nifty to convert water power into trans
missible electricity, another important
phase of the public land question Is pre-
oented- There are valuable water power
sites through all the public land states.
The opinion is held that the transfer of
sovereignty from the federal government
10 the territorial governments as they be-
come states included the water power In
he rivers except so far as that owned by
riparian proprietors. l do not think it
necessary to go into a discussion of this
somewhat mooted question of law.
1t seems to me sufficient to say that the
man who owns and controls the land
along the stream from which the power is
to be converted and transmitted, owns
land which Is indispensable to the con-
version and use of that power. I cannot
conceive how the power in streams flow
ing through public lands can be made
available at all except by using the land
itself the site for the construction of
the plant by Ahich the power is generated
and converted and securing a right of
way thereOver for transmission lines
Under these conditions. if the govern
ment owns the adjacent land-indeed II
the government is the riparian owner
IT may control the use of the water
power by imposing proper conditions on
the disposition of the land necessary
IN the creation and utilization of the
water power.
Transmission of Power.
The development in electrical appliances
for the conversion of the water power
into electricity to be transmitted long
distances has progressed SO far that it
is no longer problematical but ii is a
certain inference that in the future the
power OF the water falling I'm the streams
20 large extent will take the place OF
natural fuels. In the disposition of the
iomain already granted, many water
power sites have come under absolute
ownership. and may drift into one owner
ship, SO that all the water power under
private ownership shall he a monopoly.
II, however. the water-power sites now
owned by the government-and there are
enough of them-sha1 he disposed of to
private persons for the investment of
their capital i'll such way tn prevent
their union for purposes of monopoly
with other water-power sites. and under
conditions that shall limit the right OF
use to not exceeding thirty years with
renewal privileges. and some equitable