Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-12-19
POWER IS
SUPREME ON j. S.
Lam DS
Court Of Appeals sustains Con-
tention Power Companies on
Forests Must Comply With
Rules.

Especial Correspondence a. ths uerniai
washington. y. G.. Dee. fs.--The
contention 81 the government that
power companies cannot secure rights
Of way across national FORESTS without
complying with the rcgpla,iops ~
the secretary 81 agriculture has been
completely sustained. according 60
tho officers 81 the forest service. =,
the opinion Of tho circuit court OF
appeals filed on November IA In the
case Of the United slagey versus the
Utah Power and Light company.
In ita decision the court announces
that conrrcss has assumed complete
control 81 The water power question,
SO Jar ~ the public lands are affect
ga, and that q state in the eNogciso
OF its sovereign authority cannot IN
tcrfOre with or transcend this consii-
ntinuni power Of congress
Since December i5. 1900. the Utah
Power and Light company has op-
Grated iis hsdrO-eloCtFic power works
on certain public lands IN the state
OF Utah. moss forming part If the
Cache national forest. Tho federal
government sought to enioin the oc-
cupancy OF these lands until the COM
pany should comply with tho pruvl-
sions Of tho act OF May a., 1895,
This act empowered the government
to permit the use or or rights az WAY
upon, public lands and national for
osts, for the purpose of gencrating
MANUFACTURING and distributing qlec-
trio energy. The power COMPANY. ON
the other hand, alleged that its rights
were secured and protested by the
act OF July Is. is66, now section 1888
81 the Revised Statutes. The deci-
sion of the court is that the ,ater act
repeats that of 1866. insofar ~ BE- re-
lated % tho subject % electric power,
and that the company must acquire
les rights of way In accordance with
the provisions of the later act.
n was cuntcnded by tho company
that IL was protected In lbs tenure by
the laws OF the state Of Utah. on
this point the cours says: THE propo-
sltion that absolute and perpetual
rights IN the public lands may De ace
quired for private gain by mere ape
Precipitation without purchase or COM
pensation. and in the exercise Of
state sovereignty which transconds
the constitutional power of the con
gress, Is q somewhat startling one
shorn Of its legal phraseology the
courts decision may De summed up
as follows; That the constitution proc
vides that congress has the power go
dispose OF and regulate tie use of
the territory belonging 90 the United
states. and that the people OF Utah.
In forming their constitution and
state government fowNer disclaiined
all right and tile Go the public lands
within their state until these have
been disposed of hy the government.
The terms Of this IHoviaion Were
later made "a part of The constitution
OF the state OF Utah. and the federal
government. therefore, was secured
in the full control OF the public
lands within the stato. not only bN
the federal constitution but by THAT
Of the state Itself
Moreover, tho act ~ May ~. 1895,
which specifically provides for fed
eral regulation OF electric power ON
government lands. was passed before
the Utah Power and Light company
claimed any rights under the act OF
1866. Therefore, since ,he power
company has not availed Itself of The
provisions 81 the later statute which
provides for a permit "its rights. if
any. are subordinate 90 those at the