Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-07-27

ment of the proposed elimination from
S20 acres TO 1880 acres. and that I
proposed the change and stated my
reasons therefor. and while both sec
retaries cordially concurred in it the
suggestion was mine
The President says he had every
assurance at the time that the Con-
troller Railway and Navigation Com
pany was an Independent enterprise
working in all good faith, and that
no evidence 10 the contrary has since
been brought 10 his attention. "of
course il was possible" he continues.
that the owners OF the Copper River
Railway company (Messrs. Morgan
ana Guggenheim) might attempt 10
buy this railroad when If it were
built. Ii was possible that Mr.. Ryan
was acting for the interests of the
Copper River Railroad. although I
did not believe it, but whether this
was true or not it was clear that tn
order of elimination by reason of the
restrictions of the act of Congress
would not permit the owners of either
railroad to shut out any other capita
lists" Moreover, he states. the rates
to be charged would be always sub
sect TO congressional control. and II
XIV IT ltuNill O0ilfi snip Sttlltu iilt-
wise policy under the peculiar circum-
stances condemnation was an easy
method.
81 am as strongly convinced as any
one of the necessity Tor the cOnserva-
ton of our national resources" says
the president, land as much opposed
as any one to their monopolization by
large corporations, but my convictions
on this point did not deter me from
taking the step which l hoped might
lead to encouraging the construction
OF railway from Controller Bay to
the Bering coal fields. | thought the
pairing down of the amount of public
land to be acquired for terminals by
the railway company proposing to
build the railroad was a poor policy
and one not calculated to secure In
yestment or speedy construction
The President goes on to explain
that there are irOn-bound limitations
covering the method for securing title
for government lands and for this rea-
son he feels no fear of any interest
obtaining a monopoly. Briefly the re-
strictions are:
First: Not more than GO acres can
be entered in single body by scrip.
Second: No location of scrip along
any navigable river or other waters
can be made within eighty rods of any
lands along such waters, and no en-
try can be allowed extending more
than 160 rods along the shore of
any navigable water; and along ssch
shore an space Of at least so rods
must be reserved from entry between
all such claims.
Third Nothing in the act contain
ed is to be construed to authorize en-
tries to be made or title to be acquir
ed to the shore Of any navigable wa
ters within the district
THE whole contention that the ex-
ecutve order and the opening to set
tlement of the shore of Controller Bay
grants monopoly to the railway COM
pany," he resumes, rests on claim
that it has given an opportunity TO
persons using scrip to appropriate the
control of the only available and prac-
acable parts of the channel by the
location of the scrip opposite to those
parts. II now the location of the scrip
opposite to the harbor gives no right
to reach the harbor except as Congress
may expressly give it, clearly the Con-
troller Railway and Navigation COM
pany has not the slightest opportunity
for exclusive appropriation of the har-
bor facilities unless Congress shall by
future act deliberately and Voluntarily
confer it,"
Having explained in detail his rea
sons for opening up the land in ques-
ton, the president takes occasion to !
answer several incidental criticisms |
"The order has been criticized because /
it was not in the form OF a proclama-
ton, instead of an order" he writes. |
This was determined by Mr.. Graves |
the forester, he explains and he
quotes a letter of Mr., Graves to the |
effect that when a comparatively !
small area is eliminated from ma
tional forest the executive order is
very commonly used instead of a |
AS 70 the charge made on the floor |
OF the senate that the order was sec
ret the president says: This was ut
terly unfounded.' In support of this |
no saws that ten days before the or
der was made the details of Ryan 8 i
application and the probability of It's
being granted were given wide pub
licitv. He cites in this respect that
the Associated Press carried an ac-
count of the matter October rs, l9lO'
as taken from a typewriter state
ment issued by the interior depart
ment.
The order has also been criticized,
he says. on the ground that it ana hoi
contain provision delaying its taking |
effect for thirty days after its publ
cation. as orders restoring land to
by homesteaders frequent
do In this respect the presldeht
SAYS: "An examination of the recoru
an explanation of TINS 1ea-
ture of the order as made when IN
October the two departments had
agreed with my asquiescence that the
order should be an elimination of only
2o0 acres. it was deemed
wise to spread on the face of the oraei
a sDecific declaration that ii was mace
to afford terminals for the Controller
Railway and Navigation company
and as no one else was expected 10
intervene and take up any part OF the
tract the restoration was
made immediate. The form thuS
amended was submitted to the secIe@
tarx. of agriculture, who expressed MS
preference for the immediate restoIa-
ton order When ] directed the strlk-
ing out of the reference to the ran
wav company and the enlargement OF
thn area from 320 acres to 2,oOV
acres. the form OF the order in its pro
vision for immediate restoration was
not changed. | have no doubt tnat
this was the reason why the order -
sned took the form it did Had the
clause been suggested
doubtless, have directed II TO
no embodied in the order. But the