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

scrip location under the provisions of
the act.
There is a third reason why the
opening of this tract TO settlement and
limited private appropriations cannot
lead TO a monopoly In the Controller
Bay company or any one else. The dis
lance from the dry land-i O., the shore
land-the line Of high water mark-to
the line of low water mark Is between
two and three miles. and the distance
to deeper water is about a nile far
Their, making 1t necessary, II harbor
Is to be reached and used, to con
struct a viaduct or trestle three or four
mel. This tidal fiat is owned by the
United States, and the acquisition un
der the public land laws of tracts on
the shore abutting these tidal fats
gives no right or title to those fats
This would be the law If the statute
was silent on the subject. but not only
the statute OF 1898 but also the amend
ing statute of 1903 expressly imposes
the restriction that no title or right
can be obtained under the act in the
shore of navigable body of water.
| submit TO all fair minded men who
may have been disturbed over the
charges made In respect to the execu-
tive order Of Oct. 2S. 1910, that It has
been demonstrated by the foregoing
that no public interest has suffered
from its issue, that great good may
come from it and that no dishonest or
imp. Jper motive is needed to explain
it | might, therefore, stop here; but.
rather. for the purpose of the moral
to be drawn from them than to vim
dictate the order, | propose to consider
the attacks upon the order that hys
terra or rancor has prompted.
Order Was Made Public.
The charge has been made that this
was a secret order and that though it
was made in October. 1910, no one
knew it until April, 1911. This is ut
terly unfounded. The statement OF
Mr.. Vernon, the correspondent Of the
Post-Intelligencer of Seattle. news
paper Of wide circulation among peo-
pie most interested in Alaska, shows
that ten days before the order was
made news of the details Of Ryan's
application and the probability of its
being granted was given wide public
ity. 1t further appears from the rec
ords Of the interior department that
the evening the order was signed. Oct
IS, 1910. a full notice of the issue Of
the order and its details was furnish
ed by the department 10 all CORE
spondents in the form OF news nu
letin. Finally the agent OF the ASS
ciated Press certifieS thar at ! - y. m
Oct %, 1910. there was Seit rHt ~
that association 10 all it's ueWSlnpe'
clients q telegram taken from Il typo
written statement ISSUED 10y the III
terror department as follows:
Washington. oct. 2S.-ApproXimately II.
500 acres Of land in the Chugach Nationa
forest, Alaska have been restored by the
president for disposition under appropri
ate land laws, according to information
made public today by the interior depart
ment. These lands are situated on the
coast line of Controller bay. in southern
Alaska, near the Cunningham claims, and
have been found upon examination to be
of little value for forestry purposes.
1t would be difficult to prepare an
advertisement more informing TO the
public or more likely to attract the at
tention of all likely to desire acquisi
ton Of land on Controller bay. On the
Goth the chief forester sent a telegram
81, 10 hic
district forester ut Portland, Ore.
The order has been attacked on the
ground that it did not contain pro
vision delaying its taking effect for
thirty days after its publication, as
orders restoring land to settlement by
homesteaders frequently do. An ex
animation of the record furnishes all
explanation of this feature Of the or
der as made. When In October the
two departments had agreed. with my
acquiescence, that the order should be-
an elimination Of only 800 acres an
order describing the 800 acres. direct
ing its restoration to settlement and
containing the usual provision post
poning its taking effect thirty days
was prepared in the forestry bureau
and forwarded to the interior depart
ment. There 1t was deemed wiser to
spread on the face Of the order n spe-
cifc declaration that it was made To
afford terminals for the Controllc,
Railway and Navigation company, anC
as no one else was expected TO inter
vene and take mp any part of the elm
mated tract the restoration was mad
immediate
Approved by Secretary
The form thus amended was submit
ted TO the secretary of agriculture. who
expressed his preference for the i'm
mediate restora ton order through his
solicitors memorandum on the face
of the order. as follows:
Mr.. Clements. Assistant Attorney In the
Interior Department-We think this o. *
The secretary says it is the direct wa,
and appeals TO him.
GEORGE p. M'CABE.
The idea of the secretary doubtless