The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-07-27

letter setting tOfth the fcasons ~.
| making the larger elimination 80 u
might become part Of the record.
vouehed Cor by Friends.
President TAFT tells the senate, he
ialone. A. responsible for the enlarge
ment of the proposed elimination
from $50 acres to 1880 acres. He
saws the statement OF Mr.. Ryan. who
had been vouched for by two OF his
1.-THE president's) personal friends
and who produced a letter from
reputable financial firm, Probst, Wetz'
Ter q Co. was that the company
which he represented had expended
more than $4,000 In making prepare
tions for the construction OF rail-
way from Controller bay 10 the coal
fields, % miles. away, but that they
were INSTRUCTED in doing SO by the
order, reserving the Chugaeh forest
reservation which covered all OF the
Controller bay shore. Ryan, as well as
Probst. Wetzler q Co.. gave every
assurance that the Copper River rail-
way Co. owned by Messrs. Morgan
and Guggenheim, had no connection
with the venture, that they were en-
gagged In an independent enterprise
! in good faith to build an Independent
railroad, mo evidence to the con
trary has been brought to my atten-
ton since" the president adds.
III was possible, he continues, that
THE owners OF the Copper River Rail
way Co. might attempt 20 buy the
Controller bay railway after Il had
been built, buk the order OF elimina-
ton would not permit the owners oil
either railroad TO shut out any other
capitalists who might desire TO con
struct railroad from the channel .:
Controller bay to the coal fields, and
~ by this order We could secure the
construction OF railroad from Con.
troller bay to the coal fields II would
be a distant step In the useful de.
yelopment OF Alaska. The rates OF
freight for coal to be charged, Of
course, would always be subject 70
congressional control"
After saying that the laws prevent
persons from monopolizing the land
In Alaska, and that the land harbor
frontage and terminals can always
be condemned for government use,
President Taft continues:
The whole contention that the execu-
ment OF the shore Of Controller bay
grants a monopoly TO the railway
company rests on the claim that IL mas
given an opportunity 10 persons usin
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. IL aow
the location OF the scrip opposite 10
the harbor gives no right 10 reach me
harbor gives no right TO reach the
narbor except as congress may ex-
pressly give A.. clearly the Controller
Railway a. Navigation Co. has not the
slightest opportunity for exclusive ap
preparation OF the harbor facilities un.
less congress shall by future ACT
deliberately and voluntarily confer IL.
should be lacking in candor IL !
allowed II TO be inferred that this third
reason for saying that there Is not the
slightest danger OF this order giving q
monopoly OF the channel 10 the Con-
troller Railway a Navigation CO. was
present In my mind when made the
order. I was. OF course. satisfied De-
cause OF the other restrictions mem
toned that no monopoly OF the chan
mel could follow, but did not examine
the law as TO this point at that time:
But the law Is as ! have stated H. and
the consequences are tnevitable
The owners OF the Controller Bay
Railway n Navigation Co. realised the
difficulty there might be in asserting
right as abutting owners TO CONSTRUCT
TO the channel. and without even
relying on the express privilege con-
ferred on railway companies TO apply
TO the secretary of the treasury fol
such permission. already quoted. went
direct 20 congress and secured from
congress an act which gives 10 tns
company expressly a right-of-way zoo
feet wide across the tidal hats to the
elusive easement Is carefully drawn
and IL accompanied and surrounded
with every safeguard. Express power
TO repeal IL Is reserved TO congress
and the character and extent OF the
structures on the channels are placed
I'm the control OF the war department
upon recommendation of the chief OF
engineers. This easement was granted
In an act passed March 4 OF this year
ruiz examInation by the interstate
commerce committee or the house
after recommendations by the war de-
partment and the interior department
and a clarifying discussion In the
house OF representatives.
Congress Has Full Power.
In the records OF the war department
will be found one permit TO construct
TO the channel. which. by extension. n
still In force and WIN renHfn 20 until
Jan. 1. 1919 This was given 10 the
Controller Bay a. Bering Coal Railway
Co. n dtnerent company from the Con
troller Railway a Navigation Co II
does lot appear upon what authority
such permit could be given by the war
department. Under the statute. the
secretary OF the treasury II charged
with supervision over such case, and
before a lawful license can be granted
his consent must be obtained.
II follows from what has been said
that the question OF how the channel
OF Controller bay shah he used IL
wholly In the control or congress and
nothing that has been done by. the
that control With the OPPORTUNITY
that any projected railway has to Sc
cure access to the harbor by iocating
It's right-of-way to the line of the