The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1911-07-28

construction OF the lan0 department
as shown in the record, this require
separation between any two entrie
by the same person or In the same In
terest Of tract of forty acres. Thii
would prevent the possibility of an,
one person or any one interest acquir
ing an entire tract like that of 12,s0t
acres
Frontage Held by Government.
The second limitation Is important
In that 1t prevents the entry of claims
at any point on the shore having a
greater frontage than half mile and
requires that between that and the
next claim taken up there shall be a
frontage reserved to the public and
kept I'm public control of a quarter Of
a mile. The consequence is that In
the seven miles of the frontage of this
eliminated tract there must be reserv-
ed for government control and use and
such disposition as congress may see
fit to make and free from private APP
frontage aggregating
two and three-Quarter miles and SO
along the shore In front
ages of eighty rods as to make GER
tain OF a public frontage of this width
having all the advantage that any pri-
yate frontage can have. In other
words, IL q tract with half mile
frontage Is located at particularly
advantageous place with reference to
the harbor then on each side of that
frontage must be reserved to the pub
lie frontage Of a quarter of mile.
or a half mile In all, for public uses.
These two restrictions necessarily
prevent a monopoly OF land abutting
on the shore, and as they necessarily
prevent a monopoly by any one To-
Gator or in the interest of any COM
pany for whom loeators are acting
they take away the motive for the ac-
QUESTION of land and frontage merely
for the purpose Of excluding other
companies and possible competitors
and tend to confine locators to the ac-
QUESTION of land to be profitable in Its
use.
Since the executive order was Is
sued, Oct. %, 1910. there have been
four locations under soldiers scrip
three of them Of 160 rods each along
the bay, separated by two divisions
of eighty rods. shall assume that
all Of them are In the interest of the
Controller Railway and Navigation
company. None Of them has been ap
proved or passed to patent, but shall
assume they can be passed to valid
patent.
Frontage Left Open.
OF the shore frontage INDICATED
which may be appropriated by scrip
there remain six frontages of 160 rods
each on the shore of the tract opened
by the executive order facing the bay
and channel, and In addition at leas
two and three quarter miles Of front
age distributed In eleven eighty-rot
| strips. subject to public use and thu
! disposition OF congress. There Is thu!
ample room for many other railroads
| to reach high water mark on Control
Ter bay and there to acquire tracts
| for terminals. OF the 1880 acres thu
entries In area have covered only S0t
acres. and all the rest Is available fol
scrip location under the provisions OF
the act.
There is third reason why the
opening of this tract to settlement and
limited private appropriations cannot
lead to monopoly In the Controller
Bay company or any one else. The dis
lance from the dry land-i e., the shore
land-the line of high water mark--tt
the line Of low water mark IL between
| two and three miles, and the distance
to deeper water is about mile far
| Their, making 1t necessary, II harbo
| Is to be reached and used, to con
| struct viaduct or trestle three or fou
miles long from the shore to the chan
mel This tidal fiat is owned by th'
| United States, and the acquisition un
der the public land laws Of tracts OF
the shore abutting these tidal fat
gives no right or title to those fats
This would be the law IL the statute
was silent on the subject, but not only
the statute OF 1893 but also the amend
Ing statute Of 1908 expressly imposes
rhe restriction that no title or right
can be obtained under the act in the
shore of navigable body of water.
submit to all fair minded men who
may have been disturbed over the
charges made in respect to the execu
tive order of Oct. %, 1910, that 1t hal
been demonstrated by the foregoin,
that no public interest has sufrere,
from Its issue. that great good ma.
come from It and that no dishonest o
improper motive is needed to explain
It. might, therefore, stop here; but
rather. for the purpose Of the mora
to be drawn from them than to vim
dicn.e the order, propose to conside
the attacks upon the order that bys
terla or rancor has prompted.
Order Was Made Public.
The charge has been made that thi
was a secret order and that though
was nude in October, 1910, no en-
knew 1t until April, 1911. This Is III
terly unfounded. The statement o
Mr.. Vernon. the correspondent of tn
Post-lntelligencer of Seattle, news
paper OF wide circulation among pee
pie most interested in Alaska. show
that ten days before the order wa
made news of the details Of Ryan
application and the probability Of II
being granted was given wide public
ity. II further appears from the rex
ords of the interior department tina
| the evening the order was signed, Oc
%. 1910. a full notice of the issue 0
the order and Its details was furnish
ed by the department to all CORE
spondents In the form of news blu
letin. Finally the agent of the Ass,
ciated Press certifies that at 1928 p. IN
| Oct %, 1910. there was sent out
that association to all Its newspape
clients a telegram taken from type
written statement issued by the IL
terror department as follows;
Washington. Oct aS.--Approxlmately IL
800 acres OF land In the Chugach Nationf
forest. Alaska. have been restored by tn
president for disposition under appropr