Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-07-27

tons on this point did not deter me
from taking the step which | hoped
might lead 10 encouraging the con
struction of a railway from Controller
Bay 10 the Bering coal fields. l
thought The pairing down Of the
amount Of public land TO be acquired
for terminals by the railway company
proposing TO build the railroad was
poor policy and one not calculated 10
secure investment or speedy constroc-
ton"
The President goes on to explain
that there are iron bound limitations
covering the method for securing tile
for government lands and for this rea
son he feels no fear of any interest
obtaining monopoly. Briefly the
restrictions are
First. Not more than 100 acres can
be entered in single body by scrip.
Second No location Of scrip along
any naYigable river or other waters
can be made within eighty rods of any
lands along such waters. No entry
can he allowed extending more than
leo rods along the shore of any
navieable water; and along such shore
"a space of at least eighty rods uust
be reserved from entry between all
such CLAIMS, moreover, the statute cx-
presSE provides that a roadway sixty
ieet IN width, parallel 10 the shore Eue
as near as may be practicable. shall he
reserved for the use Of the public IS =
highway
Third Nothing in the act contained
70 10 De construed to authorize entries
70 De maze or title to be acquired to
'he shofe of any nayigable waters
within the district.
ne Whele contention that the exe-
eutlN" order and the opening To SETTLE
meht ri the shore of Controller R,.p
grams a monopoly To the railway com
pahSt he resumes, rests on cIair,
thdt II has given an opportunity In
persons using scrip to appropriate tho
control of the only available and nrac-
tlcabie parts Of the channel by the In
cation Of the scrip opposite 10 those
parts. If now the location Of The
scrlr opposite TO the harbor except as
flsHt To reach the harbor except as
congress may expressly give it. clearly
the Controller Railway and Navigation
CON-. pahY has not the slightest oppor
e"HltY Tor exclusive appropriate ton of
the haTbor facilities unless Congress
shaI by future act deliberately and
voluntarily confer it"
Having explained in detail his rea-
sons Tor opening up the land in ones-
uoh, The President takes occasion 10
answer several incidental criticisms
The order has been criticised because
II was not in the form Of a proclama-
ton. instead Of an order" he writes
rms was determined by Mr.. Graves
the Forester. he explains. and he
quotes letter Of Mr Graves to the
effect that when comnarativelv
small area is eliminated from nation
al forest the executive order is very
commonly used instead of proclama-
tion.
As 70 the charge made on the floor
9i the Senate that the order was Sc
eret. the President SAYS, This was nj
terlv unfounded." In support OF this he
SAYS that ten DAYS before the order
was made the details Of Ryan's appl-
cation and the probability of its be-
ing granted We're given wide publicity.
He cites in this respect that Tho Asso-
cl9ted Press carried an account of the
matter October 2Sth 1910. as taken
from a typewriter statement issued
by the Interior Department
The order has also been criticised. he
SAYS on the ground that it did not con
tain provision delaying its taking effect
Tor thirty days after its publication. as
orders RESTORING land Ia settlement by
hom"- steaders frequently do. In this re-
spect the President saws An examina-
tion of the record furnishes an expla-
nation of this feature of the order as
made. When in October the two
departments had agreed with my
acquiescence that the order should be
an elimination az only 800 acres.
IL was deemed wise to spread on
the face of the order a specific declara
ton that il WAS made to afford terni-
nails for the Controller Railway and
Navigation Company. and as no one
else was expected to intervene and
take mp anv part of the eliminated
tract the restoration was made lmme-
date. The form thus amended was
submitted To the Secretary of Aerieul-
tufe. who expressed his preference for
the immediate restoration order. When
| directed the striking out of the refer
enco TO the railway company and the
enlargement Of the area from go acres
to - 500 acres the form of the order in
its provision for immediate restora-
ton was not changed, / have NJ doubt
that this was the reason why the or
der issued took the form it did. Had
the postponement clause been suggest
ed, ] would doubtless. have directed
1t to be embodied in the order. But the
event has proven that it was really net
important in this case, for in now near
ly nine months only the Controller
Railway and Navigation Co. has made
any scrip entries on the eliminated
tract"
Taking up the Dick to Dick" episode
the President says in conclusion:
Before closing, ] desire to allude to
circumstance which the terms of this
resolution make apt and relevant 1t is
statement by one Miss NJ F. Abbott
that in an examination of the files of the
Interior Department a few weeks ago.
she found a postscript attached to let
ter of July IL. 1910 addressed by Mr..
Richard S. Ryan to Secretary Ballinger-
ana in the present record-urging the
elimination of land enough for terminals