The Washington times., 1911-04-21

Sensations are crowding each other In
connection with the latest donation OF
strategic terminal property from the
Government domain to the Alaska rail-
road interests that are developing q
transportation monopoly to con0ol the
coal fields of the Northwest domain.
Bit by bit facts are coming out which
show how unusual was the procedure
that gave the Controller Railway and
Navigation Company the only harbor
that could be used by the syndicate rail-
roads in the coal fields.
Brought out by the publication which
The Times gave yesterday, more facts
are coming to light. 1t develops that
back In 1908 President Roosevelt elimi-
mated lands from national forests by
Executive order in several cases-five or
six of them. That was before the proc
lamation system had been developed;
after it was perfected the Executive or
der was never again employed by Rooss-
welt.
Roosevelt's Language.
In both the half dozen Executive or
ders and the 800 TO 400 proclamations
which Roosevelt issued eliminating
lands from national forests. the follow
ing language, or its substantial equiv
alent, was tnvarlbly used:
These lands shall not become sub
iect to entry, ruling, selection, or
other form of appropriation until
the expiration Of thirty days from
the date so fixed chat is, the date
on which the withdrawal was to
take effecD, and no person will be
permitted to gain or exercise any
right whatever under any settle
ment or occupation begun prior to
such date, and all such settlements
and occupations are hereby forbid
den"
This restriction removed the posi-
bility that a particular interest, In
formed about conditions, might seize the
eliminated lands the instant they were
restored to entry. Roosevelt always In
sisted on this safeguarding provision.
So did President Taft, except IN the
Executive order withdrawing from the
Chugach forest the lands which the coal
railroads wanted for terminals. There
is persistant inquiry why an exception
should have been made in this solitary
case
But this is not all. President Taft,
after he came into office elimlnated
various areas from forest reserves, by
proclamation. His proclamations were
in the same form, and contained the
same 30-day restriction. as those by
Roosevelt. There were lust two ex-
ceptions to this rule. Twice. President
Taft has Eliminated lands by Executive
order.
Taft's Single Exception.
In one Of these cases he wrote into
the order the 30 DAYS restriction on fl
ing or settlement: the other-the single
instance in which this was omitted
was the case involving the tidewater
front of Controller Bay. which was
wanted for a coal railroad terminal.
So recently as March 30. 1911. Presi-
dent Taft issued proclamations for the
elimination Of certain lands from the
bounds of the Fish lake and Glenwood
forest reserves, in Utah. In those proc
lamations the S0-day restriction was in
cluded.
Why was the Executive order en-
plcyed, and the 30-day clause omitted,
in the case of tire Controller bay lands?
Forest Service authorities explain
that when an Executive order is used
for such a purpose, IL makes possible
measure of privacy about the transac-
tiOn which the proclamation method
does not permit.
A proclamation is printed, and copies
of II are mailed, to all registers and
receivers OF land offices throughout the
country. 1t thus becomes formal notice
to the public and to all land officials
what has taken place.
In the case of the Executive order.
this publicity is avoided. The man who
secures the issuance of an Executive or
der knows what has happened: nobody
else has any assurance, of knowing.
ten in the order. the person thus pos