The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-07-27

eft Of railroad company of tract
or land which the company could not
Dy lawful entry secure, for 1t was d
tract 800 acres In one body when only
100 acres could thus be acquired. In
the second place, preferred to make
much larger elimination OF a tract
facing the entire channel, ana with
sufficient room for a terminal rail-
way town. / was willing to do this
because found the restrictions in the
law sufficient to prevent the possibi-
lily Of any monopoly Of either the up-
land or the harbor or channel by the
Controller Railway 81 NAVIGATION
Co., or any other persons or company.
Because Of a lack OF time sufficient
to draft memorandum myself I re-
quested the secretary of the interior
who, with the secretary Of agriculture
after full discussion, had agreed in
my conclusion, to prepare a letter set
ting forth the reasons for making the
larger elimination, SO that it might
become a part Of the record
Il wish to be as specific as possible
upon this point, and to say that I
alone am responsible for the enlarge
ment Of the proposed elimination from
800 acres to 1880 acres, and that I
proposed the change and stated nv
reasons therefor. and while both sec
retaries cordially concurred in 1t the
suggestion was mine"
Assured Of Independence.
The president says ne had every
assurance at the time that the Con-
troller Railway & Navigation Co.,
was an Independent enterprise work
ing in all good faith, and that no evil
dence to the contrary has since been
brought to his attention "Of course
1t was possible he continues, that
the owners of the Copper River Rail-
way Co." (Messrs. Morgan and Gug-
genheim) might attempt to buy this
railroad when and If it were built.
1t was possible that Mr. Ryan was
acting for the interests of the Copper
River railroad. although did not be-
lieve 1t; but whether this was true
or not it was clear that the order
Of elimination by reason of the re-
strictions Of the act OF congress would
not permit the owners OF either rail-
road to shut out any other capital
ists." Moreover, he states. the rates
to be charged would be always sub
ject to congressional control and IL
government ownership seemed the
wise policy under the peculiar cir
cumstances, condemnation was an
easy method.
I am as strongly convinced as any
one of the necessity for the conserva-
ion Of our national resources" gays
le president, land as much opposed
as any one to their monopolization by
large corporations but my convictions
on this point did not deter me from
taking the step which 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 pubic
land to be acquired for terminals by
the railway company proposing to
build the railroad was poor policy
and one not calculated to secure in
vestment or speedy construction
The president goes on to explain |
that there are ron-bound limitations |
covering the method for securing title |
for government lands and for this rea-
son ne feels no fear OF any interest |
monopoly. Briefly the re-
strictions are:
RASts 1NOt niOI9 Ludn 1oV acres /
can be entered in a single body by
scrip.
Second: 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
l60 rods along the shore Of any nav
lgable water; and along such shore a
space of at least eighty rods must be
from entry between ell such
claims.
Third: Nothing in the act con-
tained is to be construed to authorize
entries to be made or title to be ac-
1uired to the shore of any navigable
waters within the district"
The whole contention that the ex-
scutive order and the opening to set
Element of the shore of Controller bay
grants monopoly to the railway COM
pany," he resumes, rests on q claim
that 1t has given an opportunity to
persons using scrip to appropriate the
control of the only available and prac-
-icable parts Of the channel by the
ocation OF the scrip opposite to those
parts. III now the location OF the
scrip opposite to the harbor gives no
light to reach the harbor except as
congress may expressly give 1t. clearly
he Controller Railway q Naviga-
ion Co. has not the slightest oppor-
unity for exclusive appropriation of
he harbor facilities unless congress
shall by future act deliberately and
confer IT."