Omaha daily bee., 1911-07-27

OF either the upland or the harbor or
channel by the Controller Railway and
Navigation company or any other persons
og company. Because of a lack OF time
sufficient to draft a memorandum myself,
/ requested the secretary of the interior,
who with the secretary of agriculture,
after full discussion, had agreed In my
conclusion, to prepare a letter setting
forth the reasons for making the larger
elimination, so that It might become a
part OF the record. 1 wish to be as specific
as possible upon this point and TO say
that I alone am responsible for the en-
largement OF the proposed elimination
from $40 acres to 1850 acres and that 1
proposed the change and stated my rea-
sons therefor and while both secretaries
cordially concurred in 1t the suggestion was
mine"
The president says he had every assur-
ance at the time that the Controller Rail-
way and Navigation company was an in
dependent enterprise working in all good
faith, and that no evidence to the contrary
had been brought to his attention. "Of
course 1t was possible" he continues. that
the owners of the Copper River Railway
company (Messrs. Morgan and Guggen-
heinz might attempt to buy this railroad
that Mr.. Ryan was acting for the interests
ofNthe. Copper River railroad, although 1
did noeN, believe it; but whether this was
true or not 1t was clear that the order OF
elimination by reason of the restrictions
OF the act of congress would not permit
the owners Of either railroad to shut out
any other capitalists. Ample land for
rlght-of-way, harbor frontage and ter
minals must always remain available I'M
der the law for government use or IL 1t
preferred to take oveer to the government
a RAILWAY built by private enterprise com
demnation is easy"
Wants to Encourage Development.
II am as strongly convinced as anyone
Of the necessity Tor the conservation Of our
national resources" says the president.
and as much opposed as anyone to their
monopolization by large corporations, but
my convictions on this point did not deter
me from taking the step which l 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 COM
pany proposing to build the railroad was
a poor policy and one not calculated to
secure investment or speedy construction"
The president goes on to explain that
there are iron bound limitations covering
the method for securing title for govern
ment lands and for this reason he feels
no fear Of any interest obtaining a monep-
oily. Briefly the restrictions are:
'First-Not more than l6O acres can be
entered in single body by scrip.
"Seeond--No location of scrip along any
navigable river or other waters can be
made within eighty rods Of any lands along
such waters, and no, entry can be allowed
extending more than 16O rods along the
shore Of any navigable water; and along
such shore a 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 10 the shore
OF any navigable waters within the dis
trict
No Chance for Monopoly.
THE whole contention that the executive
order and the opening to settlement OF
the shore of Controller bay grants a mo-
nopoly to the railway company" he re-
sumes, rests on a claim that Il has given
an opportunity to persons using scrip TO
appropriate the control OF the only avail
able and practicable parts of the channel
by the location OF the scrip opposite to
those parts. II now the location OF the
scrip opposite to the harbor gives no right
TO reach the harbor except as congress
may expressly give 1t, clearly the Control
Ter Railway and Navigation company has
not the slightest opportunity for exclusive
appropriation OF the harbor facilities unless
congress shall by future act deliberately
and voluntarily confer H."
Having explained in detail his reasons
for opening up the land in question, the
president takes occasion to answer several
incidental criticisms. ''The order has been