Bisbee daily review., 1913-03-18

the bill under these circumstances, al
though both Senators fom Connect
cut favored II. Personally he had mol
objection to the Connecticut river be
ing damned" from it's source TO its
mouth, so that il could no longer
bring shad to South Haddam and
freedom to man" But he antagoniz
ed establishing the precedent which
the passage of this bill might estab-
lish. He said.
so far as the bill itself is concern
ed would not consume the time Of
the senate or my own time by a dis
eussion of it, except for the reason
that it gives senatorial sanction to a
dangerous principle, and if enacted
into law establishes a precedent 50
far-reaching, so disastrous in effects
ION the people OF the Western States.
that l cannot refrain from giving /
some Of the reasons which impel me |
to oppose its passage. especially !.
against that provision which reeog-i
/ nizes the right of the federal gov
| eminent to exercise any right what
| ever over any power generated by |
the flowing waters in any state where
such waters are not needed for nayi-
CATION. This bill presumes to give
such power, and for that reason | op-
pose it,
II was contended by Senator Smith
in his argument by the supreme court
of the United States, the federal gov.
I. eminent does not own and never did
own any right in the waters of nayi-
gable streams except an easement, a
right to control them for the pur-
poses of navigation and for the pur-
poses of navigation alone. The
I United States might remove obstruc-
lions to navigation. It might con
struet the dams to aid navigation.
But it would have no right to con
struct dams merely to develop cleo
trio power. II might give permits
to individuals or companies to con
struct navigation. But if, as an in
eident. or as the purpose OF their
construction, electrical power was de-
yeioped the United States had no
ownership in or control over or right
10 prescribe any conditions or terms
whatever for the use or disposition of
such power.
The state through whose domain
the stream ran could exercise a pow
er of control over both nayigable and
unnavigable streams, bat the United
States could not.
Senator Smith, in the course Of
his argument, referred to the fact
| that on achievement, referred to the
that on chewing independence each
state became the owner of all
streams within its borders. The con
stitution gives Congress power to
1 regulate comnece among the several
| states" But the states did not sur
ender any right to the waters OF their
| rivers further than was necessary TO
| I the regulation Of commerce on the
streams. The people intended TO
give and did give only an easement
| over these waterways of commerce
| No easement ever carried any pow
er with it other than WAS necessary
| for its full use and enjoyment
III On forest and other eseryations
where the land is not subject to be
acquired by private parties under lhe
| homestead or other land laws, white
the United States may lease land
1 frontage on stream for power
site. it cannot lease or sell the Wa
tiers running in the stream. Those
are under the control Of the state.
III Any citizen who owns land on the
banb of q nayigable stream may put
in a dam that does not interfere with
navigation and develop electric pow
Il or for sale or use, and while the state
NAV prescribe rules, governing the
| sale or use of the power generated
L the federal government has no such
! right Said Senator Smith:
H. F.Wbere the Senator from ono
l. mir Burton) makes the prime mis-
! take in his argument is the assump
ton that in granting a concession
to build a dam in a navigable stream
that the government of the United
States has given away Vaiuaoi'
| right il possesses, and in partlAl
with such valuable right it can an'
should collect for the public good
| the United states treasury-any bur
den tax or toll that congress seei
fit to impose. The truth is that tbs
| federal government has no right Una
it can grant or sell in the naVigaoi'
or other waters Of the state.
The assumption of the Interior DE
| partment to dictate the appropriation
| and use Of power sites on nayigaoi'
/ streams is an offspring Of Pinchotis1
| without warrant of Law, and it IS u
| be hoped that the new administration
| will not continue the error.
| where" asks Senator Smlth
docs the federal government NM
| its charter to reserve power sites OF
! non-nayigable streams in the public
| land states? These waters belong L
the states and can be used By ms
| state for state purposes The STATE
! has the right 70 fix charges as It sees
fit on the public carrier Of electro