The Glenwood post., 1913-12-06
RIGHTS OF WAY
ON PUBLIC LANDS
Elt Cent Svstaias Ceagress
nFnag RuIes Which, dPawer
csnp1aies Must Obey
4 RECENT DECISION

The opinion of the circuit court of
appeals filed on November IA, in the
ease of the United States versus the
Utah Power l. Light Co., according to
the local forestry officials, completely
sustains the contention of the govern
ment that power companies can not ST.
cure rights of way across national for
ests without complying with the regu-
lations Of the secretary of agriculture.
The court announces that congress
has assumed complete control of the
water power question so far as the
public lands are affected and that d
state in the exercise of its sovereign
authority can not interfere with or
transcend this constitutional power Of
congress
Since December Is, 1900, the Utan
Power L Light Co has operated its
hydro electrical power works on GER
tain public lands in the state of Utah
now forming part of the Cache na-
tional forest, and the United States
sought to enjoin this occupancy until
the company should comply with the
provisions Of the Act Of Nay II, 1895.
The power company alleged that its
rights were secured and protected BY
the Act Of July -, 1895, now Section
283s sf the Revised Statutes.
TAs decision Aolls tit ~ Act Of
Nay II lsos, seps~srias ~ seert.
tasy d inAssise - pss~it sAdsr esssial
ssesA1isas - - Assa ~ - ~ -
- fisAts e way uqsa SAs psAes hs6
asl forest reservations fer The psr.
pose Of generating, manufacturing sad
distributing electric energy, repeals the
Act Of July 20, 1855, now Section 2s39
R. g., insofar ~ it related to the sub.
ject Of generating and distributing
electric power and that the company
must acquire its rights of way in ac-
cordance with the provisions Of the
later Act.
The court denies the company's con-
tention that it was protected in its
tenure because that tenure was author
lied by the laws of the state of Utah
exercising sovereign and exclusive jur-
isdiction with respect thereto, saying:
1.-THE proposition that absolute
and perpetual rights in the public
lands may be acquired for private
gain by mere appropriation, with
out purchase or compensation, and
In the exercise of q state sover-
eighty which transcends the con
stitutional power of congress,
is somewhat startling one,
- The constitution of the United
States provides that congress shall
have power to dispose of and make
all needful rules and regulations
respecting the territory or tho
property belonging to the United
6tates.' This is the supreme law
Of the land and embodies an ex-
press grant Of power to the n
tional government. Il has been
esasesusd 70 Aeaa that title and
rights in and to the public lands
arc created by tie acts Of cor
sxess, and must Be governed BY
their provisions whether they be
Aafl o. lsnisnt and that ls rights
Whatsoever can be obtainsd in the
hnds Of the United etates except
- congress nay consent"
1t holds that the express stipulation
Of tie Act enabling the people Of Utah
70 form . constitution and state gov
ernment, that they forever disclaim all
right and title to the unsppropriated
public lands within the boundaries
thereof and that until the title thereto
has been disposed of by the United
States, the same shall be and remain
subject to the disposition of the United
States, which was later adopted by
and Incorporated in the constitution cf
the state of Utah, thereby becoming a
part of the organic law of the state,
secures to the United States full con-
troll of the disposition of the public
lands within the limits of the state.
Speaking Of this supremacy Of power
the caE-t savs: -z,Esss= -.
"That = power nay be injuri-
susly exereised is No reason for