Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-07-29

WV
brought to his attention "Of course i
was possible" he continues, that tn
owners of the Copper River Railwa.
company" (Messrs. Morgan and Gug
genheim) might attempt to buy thi
was possible that Mr.. Ryan was act
River railroad, although did not be
lieve it; but whether this was true Of
not it was clear that the order O
elimination by reason of the, restric
tions of the act of congress would no
permit the owners of either railroad
to shut out any other capitalists.
Moreover, he states, the rates to be
charged would be always subject tt
congressional control. He said ample
land for right of way harbor frontage
and terminals must always remain
available under the law for govern
ment use, or if it is preferred to take
over to the government a railway
built by private enterprise, con
|defnnation is easy"
Opposed to Monopoly.
II am as strongly convinced as any.
one of the necessity for the conser,
walton of our national resources" says
the president, "and 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 hoped might
lead to encouraging the construction
of railway from Controller bay to
the Boring 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
vestment 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 monopoly. Briefly the re-
strictions are:
First-Not more than 100 acres can
be entered In a 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 already located along such
waters. No entry can be allowed ex-
tending more than 100 rods along the
shore of any navigable water, and
along such shore space OF at least
eighty rods must be reserved from
entry between all such claims. More
over, the statute expressly provides
that a roadway so feet in width, par
allel to the shore line as near as may
be practicable, shall be reserved for
the use of the public as highway. f39
Stat. L. 413.)
Third Nothing in the act contained
is to be construed to authorize entries
to be made or title to be acquired to
the shore Of any navigable waters
within the district.
The Matter Of Scrip.
"The whole contention that the ex-
ecutive order and the opening to set
Element of the shore of Controller
bay grants monopoly to the railway
company" he resumes, rests on
claim that it has given an opportunity
to persons using scrip to appropriate
the control of the only available and
practicable parts Of the channel by
the location of the scrip opposite to
those parts. If 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 Controller Railway and Navigation
company has not the slightest oppor.
tunity for exclusive appropriation Of
the harbor 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
~ 3r4 $ol
1.-THE order has been criticised be-
cause it was not in the form OF a
proclamation, instead of an ORDER" he
writes. This was determined by Mr.
Graves, the forester, he explains, and
he quotes letter of Mr.. Graves to
the effect that when comparatively
small area Is eliminated from ma
tional forest the executive order is
very commonly used instead of a proc
lamation.
The Secret Order.
As to the charge made on the floor
of the senate that the order was
secret the president says, This was
utterly 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 its being
granted were given wide publicity. He
cites in this respect that The Asso- i
ciated Press carried an account OF the
matter October %, 1910, as taken from
q typewriter statement issued by the
interior department.
The order has also been criticised.
he says, on the ground that 1t did not
contain provision delaying its taking
effect for thirty days after it's publ
cation, as orders restoring land to set
Element by homesteaders frequently
do. In this respect the president says
IAN examination of the record furn-
ishes an explanation of this feature
of the order as made. When in Oc-
tober the two departments had agreed
with my acquiescence that the order
should be an elimination of only 800
acres. it was deemed wise to
spread on the face of the order a
specific declaration that it was made
to afford terminals for the Controller
Railway & Navigation company, and
as no one else was expected to inter
vene and take up any part of the
eliminated tract, the restoration was
rnodo odtoto Tho form fhuc