The Birmingham age-herald., 1913-02-09
CUBAN GOVERNMENT HAS NOT
REPLIED TO NOTE OF BEAUPRE

Havana, February S.-1 he Cuban gov
eminent has not yet replied to the note
Of Arthur NJ. Beaupre. tne American min
lister, who. acting under the directions Of
the state department at Washington. yes
terday demanded that measures be taken
for the punishment Of those responsible
foi recent attacks on the American lega-
tinn by the newspaper Cuba.
Secretary of State Sanguily has submit
ted Mr. Beaupres note to the prosecutor
of the supreme court with instructions TO
report on what legal course should be
pursued.
Cuban newspapers which up 10 today
had published no word of reprobstion in
reference to the attack on the American
the state recently contained an article
in reference to the coosa river dam
bill in which unfavorable comparison
between my attitude and that of Gov
ernor Sulzer of New York as to sim
ilar legislation was made. The article
sought to put ME iii the attitude Of
hostility to the construction of this
dam and to create the impression that
was not disposed like the governor
of New York, to protect the rights of
the state against alleged federal usur-
patton
Il had supposed that my letter of
January 19( giving my reasons for de-
clining the request of the officials OF
the Alabama Power company and or
varfous commercial bodies to visit the
President and endeavor TO induce him
to withdraw his 3eto to Senate bill No.
7343 or in the event the veto was not
withdrawn, to lead fight on the floor
of Congress for It's passage, was suf-
ficient to satisfy every unbiased cit
izen of the estate of the absolute pro-
priety of my course. In this, however
| it seems / was mistaken, and as the
article in question appeared in a
journal supposed to be friendly to my
administration, and as It's publication
| is. no doubt construed as an indorse-
meant by that journal of this criticism,
/ do not believe. in justice to myself
| [ should allow it to go unchallenSed
| "When / was urged to use my official
Influence to secure the withdrawal OF
the Presidents veto, or to aid in Sc
curing the passage of the bill, not
| withstanding the veto. ! was assured
| by officials of the Alabama Power COM
pany that this request was made, moi
| in the interest of that corporation, bu1
solely for the purpose of protecting the
rights of the state. I informed these
officials at that time that | would give
| the question GdItiui toliSioCi a.
that IL I was convinced that any in
| terests of the state of Alabama were
involved I would most cheerfully COM
! pIv with their request After thorough
study and investigation | became salts
/ fled that the state of Alabama hat
J surrendered all rights IL may have for
i merly had to control this water power
or to exact any toll or royalty for 1T
use. Therefore, AID not feel justified
| a might aftfnf
my official position tie actively engage
| in securing a federal franchise for {
| private corporation.
"rhe attitude of Governor Sulzer o.
| New York in reference to similar leg
islation does not change my views, foi
| the laws of the two states are entirei,
dissmilar. An examination of the stat
utes of New York and Alabama vii
show very radical differences betweei
the laws of the two states and hav'
no doubt if our positions were changed
our attitudes would still be the same
Comparison of Laws
"The state of New York has YER,
carefully preserved it's control owe
inavigable streams and the development
| of water power. It's public utility com
mission has authority to regulate th'
| charges of all hydro electric powe
companies to consumers and to fix
maximum rate for which charges cal
be made 1t is vested with complies
| authority over the subject In addi
| ton the state of New York has ac
| quired all the property along Niagar;
| Falls and owns immense reservation
in the Adirondacks. That state ais,
| by the acts of 1911 enlarged the pow
ers of the conservation commission ant
made it the duty of the commission t
| continue its Investigations of the wa
| ter resources of that state so as to com
plete a comprehensive system for tn,
+! entire state of conservation, develop
ment, regulation and use of watershed
| of the state in order to accomplish th'
| following public uses and purposes:
| "The development, conservation ans
utilization of waterpower to the water
sheds and to create a revenue to the state
| That commission has been actively en-
gagged in acquiring property and securing
control of all the waterpower in the STATE
of New York, so as to produce. in th'
| language of the law The largest ne
revenue and public benefit to the stats
which may be practicable. The state O
New York has never surrendered tn,
control 1t possessed TO the beds OF banks
| of streams, but all the power of its gov
/ eminent is being used to secure revenue
| for the state from its waterpower as
sets.
Laws Of Alabama
"The state of Alabama has been ex
| tremely liberal to waterpower Companies
Prior TO the adoption of the present con
stitution, charters were granted to thu
| Muscle Shoals Hydro-electrlc Power com
pany and to corporation organized fol
| the development of the Tallapoosa rivc
in which most liberal powers were grant
| ed. BY the provisions of the acts adoptet
| in 1907 and found in the code of 1907 EN-
I, bracing sections 3627 to 3637 and sections
Gas to $3.50. the powers of water con-,
panes are very fully defined. These lib
eral provisions OF the law apply to al
CORPORATIONS that acquire by purchase OF
| otherwise than by condemnation dan
| site, comprising not less than one acre o
| land upon each and opposite sides o.
| any water course.
These waterpower. companies are vest
ed with the states sovereign power o
| eminent domain and authorized to ac
| quire by condemnation the lands ant
rights necessary for the construction ant
operation Of the dam and works con
] paotad tharawffb Thax orr ut1florizt3 4.