The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-02-24
RECREATION PRIVILEGES
Move to Conserve the Rights Of the
Public
Henry Chase.

The follwoing letter appeared in
the Burlington Free Press of Friday:
The House committee on conserva-
ton introduced H. sol, an act to con-
serve the scenic and recreation at
fractions of the State of Vermont. It
provided that land to be flooded by
corporations created by the Legisla
ture shall first be cleared of trees and
bushes, and of stumps down to the
average annual level of the waters of
the flowage. and that the public shall
have the same rights in the waters
controlled by such corporations that
it now has in the public waters of the
State. 1t contained a section provid-
ing that it should not be so construed
as to prevent such use of waters con-
trolled by corporations as their char
ters specifically authorized.
The bill was drafted by myself, and
contained the same points that | had
had inserted in the charters Of the
Souther Vermont Light and Power
company, II. 1875, section 10, and the
Glastonbury Light and Power COM
pany, S. 176. The amendment does
not appear in the printed copy of S.
176, but was in at its passage. The
promoters of the Southern Vermont
Light and Power company had al
ready made an agreement with part
les here, that in exchange for diver
sion rights il would give them the ex-
elusive rights in a large lake to be
created. | took the matter up with
the House committee on corporations,
drafted a petition, which was publish.
ed in the Bennington Banner and cir
culated for signatures by the mem
bers of the Bennington County Fish
and Game club, of which ! am presi-
dent. and finally secured these
amendments. The opinion in this sec
ton of the State was absolutely unit
ed in favor of the amendments, and
in favor of similar provisions in the
general laws of the State, as stated
in the last part of the petitions.
The bill was defeated last week.
Mr.. Watson of ST. Adams stating that
there were constitutional objections,
and that the bill was an unwarranted
interference with private property. /
do not know Mr.. Watson's specific OBJ
iections, but am unable to see how
the bill is unconstitutional. Section
l, providing that land be cleared, is
clearly within the police power of the
State. Mr.. Watson stated, however.
to the representative from Benning-
ton, that he did not object to section
l. The second section, which reser-
YES to the public waters Of the State,
Is certainly within the power Of the
Legislature to enact, since Il Is a linn
itatiOn of the powers OF the corpora
tons which it creates. II a corpora
ton chartered by the Legislature
wishes to create a private preserve,
1t will have 10 specifically state that
in its charter The southern Yer
mont company thought that IL could
grant exclusive right to a lake under
its broad authority to acquire and con
troll streams and other waters. They
we're going to dry up many miles Of
good fishing waters, by putting In a
steel trunk. and proposed further TO
exclude the public from the lake. OF
course IL may be argued that they
had no right to do this, whether their
-charter was amended OF not. but
feel that the time TO make a fight on
point Of this sort is az the begin
mig IL the Legislature should grant
charter Tor a fishing preserve, or In
c.ude such a provision On a power
charter. this general bin would not
operate against g. Further than that