Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-07-27


Third Nothing IN the act contained is
! to he construed to authorize entries to
| he made or title to he acquired to the
! shore of any naviGablo waters within the
district
THE whole contention that the ex-
ccutivc order and the opening to set
tlcmcnt of the shore of Controller Bay
! Grants monopoly to the railway COM
panY.' he resumes, rests on n claim
that II has given an opportunity TO
persons using scrip to appropriate the
control of the only available and prac-
ticahlc parts of the channel by the
location Of the scrip opposite to those
parts If now tho location of the scrlp
opposite to the harbor gives no right
to reach the harbor except as Congress
may expressly give It, clearly the Com
troller Railway and Navigation COM
panN has not the slightest opportunity
for exclusive appropriation of the har-
bor facilities unless Congress shall bv
future act deliberately and voluntarily
confer it."
ANSWERS CRITICISMS.
Having explained in detail his ren.
ons for opening up the land in uues-
tion, the President takes occasion 70
answer several incidental criticisms.
The order has been criticised be-
cause it was not in the form of a proc
lamation. instead of an order" ne
writes. This was determined bv Mr.
Graves, the forester, he explains, and
he quotes letter of Mr.. Graves to the
effect that when comparatively small
area is eliminated from national for
est the executive order Is very COM
monty used instead of a proclamation
AS to the charge made on the floor
of the Senate that the order was Sc
cret, the President says, This was ut
terly unfounded." In support of this
he says that ten days before the order
was made the details of Ryan's appli-
cation and the probability of it's be-
ing granted were given wide publicity.
| lie cites in this respect that the Assr-
ciatcd Press carried an account of tho
matter OCtobr 2S, 1910, as taken from
a typewriter statement issued by the
interior department.
The order has also been criticised. he
says on the ground that it did not con-
, tain provision delaying its taking effect
for 80 days after its publication, as or
ders restoring land to settlement by
hUmestcaders frequently do. In this re-
spect the President says AN examina-
ton of the record furnishes an expana-
ton of this feature of the order as made.
Nhen in October the two departments
had agreed with my acquicsence that the
order should he an elimination of only
,.-ig, "A
on the face of the order specific decla-
ration that 1t was made To afford termin-
sis for the Controller Railway * Navlga-
ton company, and as no one else was
| expected to intervene and take up any
part of the eliminated tract. the restora-
ton was made immediate. The form
| thus amended was submitted to the sec
| retary of agriculture, who expressed his
| preference for the immediate restoration
order When l directed the striking out
| Of the reference to the railway company
| and the enlargement Of the area from 800
| acres to 1880 acres, the form of the
/ rider In its provision for immediate
| restoration was not changed. ! have no
! doubt that this was the reason why the
| order issued took the form ii did. Had
the postponement clause been suggested.
7 would, doubtless, have directed it to be
| embodied in the order. But the event
| has proven that 1t was really not import
ant in this case, for in now nearly nine
months only the Controller Railway &
Navigation company has made any scrip
entries on the eliminated tract"
Taking up the "Dick to Dick" episode
the President says in conclusion;
wicked FABRICATION."
Before closing, l desire to aIlude
to a circumstance which the terms of
this resolution make apt and relevant
| It Is statement by one Miss NJ
| Abbott that In an examination of the
files OF the interior department a few
| weeks ago, she found postscript at
tached to letter Of July 13, 1910, ad-
dressed by Mr.. Richard s. RYAN to
| Secretary Ballinger-and in the pres
cnt record--urginR the elimination of
land enough for terminals for the
| Controller Railway and Navigation
company, The postscript was said to
| read as follows;
Dear D.:
| went to SEQ the President the other
day. lie asked me who it was I rep
| resented | told him according to our
agreement that | represented myself.
But this didn't seem to satisfy him.
| So | sent for Charlie Taft and asked
| him to tell his brother, the President,
| who it was / really represented The
| President made no further objection
, to my claim, Yours,
DICK.
THE postscript is not now on the files
| OF the department. If II were II would be
| my duty to transmit II under this resou-
| tion. | do not transmit II, not only for
the reason that It is not now on the files
of the department, but for the reason
| that 1t never was on the files of the de-
| partment. at least as an authentic docu-
ment. who Is really responsible for its
wicked fabrication if II ever existed or
for the viciously false statement made
as to its authenticity, is immaterial for
the purpose of this communication. Tho
purport Of the postscript is, and the in
(Continusd on page d.