Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-01-14
anc withdrawal OF coal lands for class,-
ncation and valuation. and the tempo
r'ry Withholding of power sites
POWER SITE WITHDRAWALS

- ti.Sy usspoSe OIL precious metals ana
purely agricultural lands. are not
auapted to carry out the modern view
Oh the best disposition OF public lands
10 private ownership, under conditions
oHering on the one hand sufficient in
uucement to private capital to take
them over for proper development with
restrictive conditions, and on the other,
which shall secure to the public that
character of control which will prevent
monopoly or misuse of the lands or
their products.
me power of the secretary of the In
terror 10 withdraw from the operation
oil existing statutes tracts OF land. the
disposition of which, under such stat
utes would be detrimental to the pub
lie Interest Is not clear or satisfactory.
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 recommendations
of the executive and the question as
TO what the executive is to do. is. under
the circumstances, full of difficulties.
it seems to me that 1t is the duty of
Congress now by a statute. to validate
Withdrawals which have been made by
the secretary of the interior and presi-
dent 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.
LAND CLASSIFICATION.
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. Thi5
ought to be done by that department
whose force is best adapted to that
work. II should be done by the interior
department through the geological sur
vey Much of the confusion, fraud and
contention which has existed In the
past has arisen from the lack of an
official and determinat,ve classification
of the public lands and their contents.
1t is now proposed to dispose of agri-
cultural lands as such and at the same
time to reserve for other disposition
the treasure of coal, oil, asphaitum,
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 nee
essary use of so much Of the latter as
may be required for the extraction OF
the deposits The surface might be
disposed OF as agricultural land under
the general agricultural statute while
the coal or other mineral could be dls-
posed of by lease on royalty OASIS
with provisions requiring certain
amount of development each year; and
in order to prevent the use and ces-
sion OF such lands with others of SIM
liar character seems to constitute Il
monopoly forbidden by law. the lease
should contain suitable provision sub
m fnrfoitnrn tho intPrGStG OIL
persons participating In such mono
poly Such law should apply to Alas
lsa as we'll as to the United States
It is exceedingly difficult to frame
q statute. to retain government control
over property to be developed by
private capital in such manner as to
secure the governmental purpose and
at the same time not frighten away
investment of the necessary capital
Hence. it may be necessary by laws
that are really only experimental to
determine from their practical opera
tion what is the best method of secur-
Ing the result aimed at.
The extent of the value Of phosphate
is hardly realized. and with the need
that there will be for it as the years
roll on and the necessity for fertiliz-
ing the land shall become more acute.
this will be a product which will prob
dDly dltldCl tHc 6iSOQ VI hiOiACPOiiSeS-
WATER POWER.
With respect to the public land which
lies along the streams offering oppor-
tunity to convert water power into
transmissible electricity. another i'm
portant phase of the public question is
presented. There are valuable water
power sites through all public land
states. Opinion Is held that transfer
of the sovereignty from federal gov
| ernment to territorial governments as
they become states, included water
| power in rivers except that owned by
! riparian proprietors. / 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 trans
| mitted, owns land which is indispens-
| able to the conversion and use of that
| power I cannot conceive how the
| power in streams flowing through pub
| lie lands can be made available at all
| except by using the land itself as the
| site for the construction of the plant
| by which the power Is generated and
| converted and securing a right OF way
| thereover for transmission lines. Under
| these conditions, II the government
owns the adjacent lands-lndeed. II
the government is the riparian owner
1T may control the use OF waterpower
by imposing proper conditions on the
disposition OF land necessary In the
creating and utilization of water power.
! Development in electrical appliances
for the conversion of water power
into electricity TO be transmitted
long distances has progressed so far
that 1t is no longer problematical. bu,
It is certain inference that in the
future power OF water flowing In tho
streams to large extent Will take the
place OF natural fuels.
WATER POWER TRUST.
In the disposition OF the domain al
ready granted, many water power sites
have been under absolute ownership
and may drift into one ownership. sc
that ali the water power under private
ownership shall be monopoly. If
however. the water power sites nov
owned by the government-and there
are many OF them-shall dc disposed
of TO private persons for Investment
of their capital in such a way as IL