The free lance. (Fredericksburg, Va.) 1885-1926, 1911-07-29

there must be n terminal town on the
shore Of Controller bay, and was
therefore glad and anxious to throw
Il 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 OF
upland to any one railroad This 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 lin
itations upon this method OF acquiring
title are threefold:
First.-No more than 1G0 acres can
liz entered In any single body by such
scrip.
Second.-No location of scrip along
any navigable waters can be made
within the distance Of eighty rods OF
any lands along such waters, and nc
entry can be allowed extending more
than 100 rods along the shore Of any
nayigable water, and along such shore
space Of Mt 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
snn is prevented from locating more
than 100 acres in one body. BY the
construction of the land department.
rs shown In the record, this requires
separation between any two entries
10y the same person or in the same in
tcr,si Of tract of forty acres. This
would prevent the possibility of any
one person or any one interest acquir-
Ing an entire tract like that Of 1850
acres.
Frontage Held by Government.
The second limitation is important
ia that II prevents the entry Of claims
NJ any point on the shore having a
greater frontage than half mile and
requires that between that and the
next claim taken up there shall be a
frontage reserved to the public and
Kept in public control of quarter Of
mile. The consequence Is that in
the seven miles OF the frontage Of this
eliminated tract there must he reserv-
rd for government control and use and
such disposition as congress may see
I'D 10 make and free from private ap-
preparation frontage aggregating
two and fhree-quarter miles and so
distributed along the shore in front
aces If eighty rods as 10 make Ger
Ja.n of a public frontage Of this width
having an the advantage that any PR
Sate frontage can have. In other
words. If tract with half mile
frontage Is located nj a particularly
advantageous place with reference To
thc harbor then on each side Of that
frontage must be reserved 10 the pub
lie a frontage of quarter of mile.
or a half mile in all. Tor public uses.
These two restrictions necessarily
prevent a monopoly Of land abuttins
on the shore. and as they necessarily
prevent monopoly 10y any one 10
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
ard tend to confine loca,ors TO the ac-
QUESTION Of land TO be profitable in its
use
Since the executive order was is
sued. oct. %. 1910. there have been
four locations under soldiers scrip.
three Of them Of 100 rods each along
the bay. separated 10y two divisions
If eighty rods shall assume that
III of them are in the interest Of the
Controller Railway ana Navigation
company. None Of them has been APP
proved or passed to patent. but | shall
assume they can be passed to valid
patent.
Frontage Left Open.
OF the shore frontage INDICATED
which may be- appropriated by scrip
there remain six frontages Of 100 rods
each on the shore of the tract opened
hv tie executive order facing the hay
End channel. and in addition at least
two and three quarter miles Of front
ace distributed In eleven eighty-rOd
strips. subject TO public use and the
DISPOSITION Of congress There Is thus
ample room FOR many other railroads
10 reach high water mark on Control
Ter bay and there to acquire tracts
for terminals or the 12.SOO acres the
entries in area have covered only 800
acres. and all the rest il available for
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 20 monopoly in the Controller
Bay company or any one else. The dis
lance from the dry land. O.. the shore
land the line OF high water mark-to
two and three miles. and the distance
to deeper wafer is about n slile far
tier. making II necessary. II II harbor
Is 10 be reached and used. to con
struct viaGuct or trestle three or four
miles long from the shore TO the chan
mel This tidal fat is owned by the
United States. and the acquisition I'M
der the public land laws Of tracts on
the shore abutting these tidal flats
gives no right or title TO those flats.
This would be the law II 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 a navigabe body Of water
submit to all fair minded men who
may have been disturbed OYER the
charges made I'm respect to thu execu-