Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1911-07-27

construction Of 4 railroad from Con
troller Bay "a the coal fields, It would
be distinct step IN the useful deyel-
opment Of ALASKA. The rates Of freight
for coal to be charged. Of course, would
always be subject to congregational con-
troll. and II government ownership
seemed wise policy under the Pc
culiar circumstances, condemnation
was an easy method.
Need of Development.
The thing which Alaska needs-is de-
velopment, and where rights and fran
chises can be properly granted to en-
courage investment and construction
Of railroads without comforting ex-
elusive privileges, l believe 1t to be
in accordance with good policy to
grant them.
If railroad was to be constructed
from Controller Bay to the Boring coal
fields, It was perfectly evident that
there must be q terminal town on the
shore Of Controller Bay, and was
therefore glad and anxious to throw
1t open to entry and settlement as
one important step in encouraging
railroad enterprise. Twas certain that
congress had provided. in the statutes
affecting the entry and settlement Of
land in Alaska, limitations which
would prevent the possibility Of the
exclusive appropriation Of the harbor
and channel Of Controller Bay or its
shores or upland to any one railroad.
This / propose now to show.
Securing Title.
The only practicable method for Sc
curing title from the government IN
such q tract as this after III elimina-
ton 10 by the use Of what Il called
SOLDIERS additional homestead right
evidenced by scrip. The statutory lin.
itations upon this method Of acquiring
title are threef0ld:
First. No more than 100 acres can
be entered in any single body. by such
scrip.
second. No location Of scrip along
any navigable waters can be made
within the distance Of so rods Of any
lands along such waters, and no entry
can be allowed extending more than
1sO rods along the shore Of any naviga-
Bile water. and along such shore a
space Of at least 80 rods must be re-
served from entry between all sucn
claims.
Third. Nothing In the act contained
ia to be construed to authorize entries
70 he made or title to be acquired to
the shore Of any nayigable waters
within said district. Y
The theory upon which It has been
contended that the Controller Bay
railway & Navigation Co. has prac-
tically acquired an exclusive appropri-
alton Of the harbor is that It's antici-
pated ownership of the lands entered
and abutting on the shore will give It
the right TO build viaducts from these
lands to the side Of the deep channel
SM miles away and there establish
wharyes on the channel equal In
frontage to that Of the locations made
ON the shore, and that even II 1t does
not itself build such wharves, 1t can
prevent anyone else from enjoying &C.
cess to the channel for the whole
length Of its frontage. say Q miles. !
have shown that even II this were
the law. the public reservations and
the INDICATED frontage would prevent
monopoly of the channel. But 1t 10
not the law.
The shore runs from high-water
mark down to low-water mark. The
owners Of the upland, by virtue OF
the title they have acquired from the
government, do not acquire vested
right Of access to the deep water and
have no, right or easement to build
yiaducts or trestles across the mats
o. wharves along the deep channel
which congress may not regulate or
defeat,
Rests With Congress.
Tho uhole contention that the