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

tary Of the treasury, or BY application
10 congress-, the mere private ~est :
ship OF land abuttlng on the sho,o
relatively unimportant. II a railway
company thus secures access oy treshe
and WHAT TO the deep-wate channel
II may conveniently establish It's TER
minal yards stations, warehouses, anc
Elevators wherever in the eliminated
tract ~ can secure title. ana extvaesn
frontage on the tidal hats IN OF no PAT
tlcuiar advantage. As ll.VoV acres ~
ths tract eliminated Still remain open ..
10 entry. the prospect OF a monopoly
in one railroad company Is most re-
mote submit 20 all fair-minded men
who may have been disturbed over the
charger made respee6te.th - gu :
been demonstrated by the toregolng
. that no public interest has suffered
from it's issue. that great good may
come from H.: and that no dishonest
improper HaottRe-ls-ne eded-to Tex
plain IL. l might. therefore. stop here:
but rather for the purpose OF the moral
TO be drawn from them than To Nlndl-
cate the order. l propose 10 consider
formation. hysteriR or rancor has
prompted.
The order has been criticized because
IL was not I'm form proclamation In
mined by Mr.. Graves. the forester,
who. In letter OF March "a, 1910. speak
ing OF the proposed elimination, says
TO his assistant. Action In this In
stance will be taken by executive order
rather than by proclamation aceompan-
led by diagram" and he gives the
reasons In a note dated July 8. 1911,
document ~. OF the record:
When comparatively small
area IL TO be eliminated from ma
tional forest the executiye order Is
very. COMMONLY used instead OF the
proclamation, especially when other
changes In boundaries may be
made IN 4 snorr time. .fhe prepnr--
alton OF the diagrams which ac-
company a proclamation Is neces-
sarily expensive and labortous, and
the issuance OF repeated proclama-
tions with their diagrams 10
avoided when an executive order
will serve the purpose. In the
present case reports were pending,
recommending other changes In
boundaries OF the Chugach forest
and since the proposed elimina-
tions would be described without
the use OF a diagram. the execu-
tive order form OF elimination
was chosen.
effect no difference between proela.
nation and an executive order. (Wood
VS.. Beach, l56 u. s.. 54S-550D In prac-
tice the same publicity 10 given &c
partment for record. The custom IL
TO advertise neither a proclamation nor
an executive order. Each Is merely
handed to the representatives, or the
press after being executed. and Is sent
to the large mailing list OF the state
I department. That course was here
pursued in respect TO the executive
order OF Oct IS. 1910 In accordance
with custom. copies Were sent to the
interior department and the agricul-
turaI department because they were
especially concerned.
Was Not a secret Order.
The charge has been made that this
was a secret order. and that though
| II was made In October, 1910. no one
knew OF II until April. 1911. This Is
utterly unfounded. The statement OF
Mr.. Vernon. the correspondent OF the
| Post OF Seattle. a news
paper OF wide circulation among peo-
pie most interested In Alaska. shows
that 10 days before the order was made
news OF the details OF Ryan's appiica-
ton and the probability of Its being
granted was given wide publicity. IL
further appears from the records oil
! the interior department that the even
ing the order was signed. Oct. Is, 1910
\ a full notice OF the Issue of the order
and It's details was furnished by the
department TO all correspondents in the
| form of a news bulletin. Finally. the
agent OF the Associated Press certihei
taat at 1923 y. m. Oct Is. 1910, there
was sent out by that association TO al
IT'S new spaper clients a telegram taker
the interior department. as<follows:
Washington. Oct. 2s-Approxi-
mately 1880 acres of land In the
Chugach National forest. Alaska,
have been restored by the presi-
dent for disposition under appro-
pirate land laws, according TO IN
/ formation made public today by
the interior department These
lands are situated on the coast
| line of Controller bay In Southern
n Alaska near the Cunningham
claims. and have been found upon
examination to be of little value
| for forestry purposes.
! II would be difficult to prepare ar
advertisement more Informing TO the
public or more likely to attract the
attention OF all likely to desire acQui'
sition OF land on Controller bay. On
/, the 2sth. the chief forester sent q
Telegram making a similar announce
ment TO his district forester at Port
land. Greg
The order has been attacked on the
ground that II did not contain a pro.
vision delaying Its taking effect for 30
days after it's publication as orders
restoring land to settlement by home
steaders frequently do. An examina-
ton OF the record furnishes an ex-
PLANTATION OF this feature OF the order
as made. When In October the two
departments had agreed, with my ac-
quiescence that the order should bt
elimination of only $40 acres, ar
ORDER 0eHcTiDink the gu acres uiIeCN-
Ing it's restoration TO settlement and
containing the usual provision post
poning its taking effect In 80 days was
prepared In the forestry bureau and
I forwarded 20 the interior department
There IL vas deemed wiser TO spread
on the face OF the order a specific
declaration that II was made 10 AFFORD
Terminals for the Controller Railway a
Navigation Co. and as no one else was
expected to intervene and take up any
part OF the eliminated tract, the restor-
alton was made Immediate.
The form thus amended was submit
ted 20 the secretary OF agriculture. who
mediate restoration order through his
solicitors memorandum on the face OF
the order. as follows:
Mr. Clements.
assistant Attorney In the In
terror Department:)
We think this o. X The secre-
tary says Il u the direct way, and
| GEO. p. McCABE.
The idea OF the secretary doubles,
was that the short form OF order wai
preferable because on It's face Il wa,
secure an opportunity 10 the railway
company by proper entry TO settle or
the land eliminated. and as no on,
else was expected TO intervene no post
| ponement was needed. Accordingly
when the case came for decision in tn,
postponement clause. This was thu
form sent me for my signature by the
acting secretary OF the interior depart
/ ment
| order Was Not Changed.
| When I directed the striking out o.
the reference 10 the railway company
and the enlargement of the area from