Alma record. (Alma, Mich.) 1878-1928, 1911-07-27


engaged In an independent enterprise
in good faith TO build an independent
railroad. No evidence to the contrary
has been brought to my attention
since.
OF course it was possible that the
owners of the Copper River Railway
company might attempt to buy this
railroad when and If 1t was built
1t was possible that Mr.. Ryan was act
ing in the interests Of the Copper Riv-
er railroad. although | did not believe
IL.
Protected by Congress.
If a railroad was to be constructed
from Controller bay TO the Boring coal
fields it was perfectly evident that
there must be terminal town on the
shore of Controller bay, and / was
therefore glad and anxious to throw
it open to entry and settlement as one
important step in encouraging railroad
enterprise. | was certain that congress
had provided in the statutes affecting
the entry and settlement Of land in
Alaska limitations which would pre-.
vent the possibility of the exclusive
appropriation of the harbor and chan
mel Of Controller bay or its shores or
upland to any one railroad. This l pro-
pose now to show.
The only practicable method for Sc.
curing title from the government in
such a tract as this after its elimina-
ton is by the use Of what is called
soldiers additional homestead right
evidenced by scrip. The statutory linn
itations upon this method of acquiring
title are threefold:
First.-No more than 16O acres can
be entered in any single body by such
scrip.
Second.-No location Of scrip along
any nayigable waters can be made
within the distance of eighty rods of
any lands along such waters, and no
entry can be allowed extending 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.
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 said district.
Under the first limitation the navi-
cation company and every other per
to
than 100 acres in one body. BY the
construction of the land department.
as shown in the record, this requires
a separation between any two entries
by the same person or in the same in
terest Of tract of forty acres. This
would prevent the possibility Of any
one person or any one interest acqur-
ing an entire tract like that of u 500
acres.
Frontage Held by Government.
The second limitation is important
in that it prevents the entry of claims
at any point on the shore having a
requires that between that and the
next claim taken up there shall be
frontage reserved TO the public and
kept in 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
preparation a frontage aggregating
two and three-quartcr miles and SO
distributed along the shore in front
tain of public frontage of this width
having all the advantage that any pr-
vate frontage can have. In other
words, If q tract with a half mile
frontage is located Mt a particularly
advantageous place with reference 60
the harbor then on each side of thar
frontage must be reserved 10 the pub
lie "A frontage of a quarter Of a 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 monopoly 10y any one To-
Gator or in the interest of any com
pany for whom locators 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 coniine locators TO the az
QUESTION of land to be profitable in its
use.
Since the executive order was is
sued. Oct. 2S. 1910. there have been
four locations under soldiers scrip
three Of them Of 1G0 rods each along
the bay, separated by two divisions
of eighty rods. shall assume tina
all Of them are i'm the interest of the
Controller Railway and Navigation
company. None Of them has been ap
proved or passed to patent. but | shall