Perth Amboy evening news., 1911-07-27
Frontage Left Open.

Frontage Left Open.
OF the shore frontage INDICATED
which may be appropriated BY scrip
there remain six frontages OF 16O rods
each on the shore Of the tract opened
by the executive order fRcing the bay
and channel. and In addition at least
two aud three-Quarter miles Of front:
age distributed In eleven e~ighty-rod
strips, subject to public use and the
disposition Of congress. There is thus
ample room for many other railroads
to reach high water mark on Control
Ter bay and there to acquire tracts
for terminals OF the 1880 acres the
entries IN area have covered only 800
acres, and all the rest is 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 to a monopoly in the Controller
Bay company or any one else. The dis
lance from the dry land-i, e., the shore
lapd-the line Of high water mark-to
the line of low water mark Is between
two and three miles, and the distance
to deeper water is about a Kile far
Their, making 1t necessary, if a harbor
is to be reached and used, to con.
struct d viaduct 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 fats
gives no right or title to those fats.
This would be the law If the statute
was silent on the subject, but not only
the statute Of 1893 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 navigable body Of water,
l submit to all fair minded men who
may have been disturbed over the
charges made in respect to the execu-
tive order of Oct. 70, 1910, that it haD
been demonstrated by the foregoing
that no public interest has suffered
from its issue, that great good may
come from it and that no dishonest or
improper motive is needed to explain
it l might, therefore, stop here; but,
rather, for the purpose Of the moral
to be drawn from them than to vim
dictate the order, l propose to consider
the attacks upon the order that hys-
terra or rancor has prompted.
Order Was Made Public.
The charge has been made that this
was a secret order and that though it
was made In October, 1910, no one
knew it until April, 1911. This is ut
terly unfounded. The statement Of
Mr.. Vernon, the correspondent of the
Post-lntelIigencer of Seattle, a news
paper of wide circulation among a peo-
pie most interested in Alaska, shows
that ten days before the order was
made news of the details Of Ryan's
application and the probability of its
being granted was given wide public
ity. 1t further appears from the rec
ords Of the interior department that
the evening the order vas signed, Oct,
%, 1910, d full notice of the issue of
llC OluCI uLO l. NtttAAo q u 4oA
ed by the department to all CORE
spondents In the form of a ews bull
letin. Finally the agent of the Asso-
ciated Press certifes that at 1928 p. m,
Oct. %. 1910, there was sent out by
that association to all its newspaper
clients a telegram taken from a type
written statement issued by the in
terror department as follows.
Washington. Oct. 2s.-Approxima tely r.
800 acres OF land In the Chugach National
forest. Alaska. have been restored by the
president for disposition under appropri-
ate land laws, according to information
made public today by the interior depart
ment. These lands are situated on the
coast line of Controller bay, in southern
Alaska, nsar the Cunningham claims, and
have been found upon examination TO be
of little value for forestry purposes.
It would be difficult to prepare an
advertisement more informing to the
public or more likely to attract the at
tention Of all likely to desire acquisi-
ton of land on Controller bay. On the
Doth the chief forester sent a telegram