The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-15
GOVERNMENT IS
UPHELD BY COURT
Forestry Officials Right in
Their Contention as to
Power Rights.

II contention of the government
that power companies annot secure
rights of way across national forests
without complying with the regula-
tons of the secretary of agriculture
has been completely sustained. ac-
cordins TO the officers of the fores,
service. by the opinion of the circuit
court of appeals filed in the $ of
II United States versus the Utah
Power and Light company.
IN its decision. the court announces
that congress has assumed complete
control of the water power question,
so far as the, public lands are affected.
and that a state III the exercise of its
sovereign authority can not interfere
with OR transcend this constitutional
power OF congress.
Utah Case Raises Question.
Since Dec. Is. 1900. the Utah Power
and Light company has operated its
hNdro-electric power works on GER
tain lands in the state of Utah, now
forming a part of the Cache l.ational
forest. The federal government sought
TO en1oin the occupancy. of these lands
until h company should comply
With the provisions of the act of
May IA. 1896. This act empowered
n government to permit the use oil
or liSntS Oh Way upon, public lands
and national forests. for the purpose
Of generating. manufacturing and
distributing electric energy. The
power COMPANY on the other hand.
and protected by the act of July IS.
1856. now section 1889 OF the re-
Eised statutes. The decision of the
court is that the later act repeats that
OF 1855. insofar as it related to the
subject of electric power and that the
company must acquire its rights OF
way i'll accordance with the provisions
of the later act.
Cannot Override Congress.
II was commended by the company
that it was protected in its tenure by
the laws Of the state of Utah. On
this point the court says: The pro-
position that absolute and perpetual
l.snts IN the public lands may be ac-
CURED for private gain by mere APP
preparation, without purchase or com.
pensation. and in the exercise Of a
state sovereignty which t%ranscends
the constitutional power of the con.
gress, is a somewhat startling one"
Shorn of its legal phraseology. the
courts decision may be summed UP
as follows: That the constitution
provides that congress has the power
to dispose of and regulate the use OF
the territory belonging to the United
States, INT that the people of Utah
in forming their constitution and state
government. forever disclaimed ali
right title to the public lands
within their state until these have
been disposed Of by the government
The terms of this provision we're latel
made a part of the constitution of The
state Of Utah. and the federal govern,
ment. therefore. was secured in the
1ull control of the public lands within
the state. not only by the federal con,
stitution but by that of the state it,
self. ~
Specific Regulation.
Moreover. the act of May Il, 1896
which specifically provides for fedora
regulation of electric power on ~ov,
eminent lands. was passed before thi
Utah Power and Light compan,
claimed any rights. under the act o
1866. Therefore. since the power
company has not availed itself Of tn,
provisions of the later statute which
provides for a permit. Its rights. i
any. are subordinate to those of til,
government"