The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1913-07-23
Water rights
ACTION SCORED
Philip Wells, at Hearing, Says
officials Reversed Con-
servation Policy.
TAKES UP ALABAMA CASE
Says II Decision Of War Departnsai
Stands Aid viii Have Beea
Given to Defiant Monopoly.
TAKES UP ALABAMA CASE

Philip p. Wells, counsel for the Ma.
tional Conservation Association, yester.
day severely criticized the army END.
neers and Judge Advocate Generals of.
fee Of the War Department, at q hear
ing at the Interior Department, for
blocking water power conservation and
reversing the public policy established by
Secretary Fisher and Secretary Stimson
and continued by Secretary Lane, and
multiplying a carefully guarded permit
given to the Birmingham. Ala, Water,
Light and Power Company by Secre-
taries Fisher and Stimson, for which
they required, and for which Secretary
Lane received and deposited In the Treas
ury. 500, in payment Of the first years
rental.
IF the action Of the War Department
In TO stand" said Mr.. Wells, the rub
lie faith will have been broken; aid and
comfort given to . great defiant water
power monopoly; q small competitor of
that monopoly, who has cheerfully yielded
to the most severe demands for Federal
control. threatened with loss of his whole
market, and forced into hostility after
his money has been arbitrarily confscat-
ed; the principle Of Federal and State
cooperation abandoned. and the whole
matter shifted to the twilight zone of
the States rights controversy, where the
exploiter profits always-the public never.
BASED on Distortion.
"A grant Of the rights Of way for which
We are asking could not be successfully
attacked In any court, and the COMPANY
cheertuily assumes all the legal and com.
mercial risks Of the grant. Against the
grant Is raised the cry, so familiar during
the Ballinger regime In the Interior De-
partment, Of illegality and lack of de-
partmental authority to do what ought
70 De done. This cry is based upon the
uistortion OF a permissive statute into a
prohibitive one. and of the silence of
congress into q repeal Of wholesome and
necessary laws. But even this distortion
has no bearing on three Of these four
Jams.
As to these three. private rights ara
'rampled down and q great progressive
policy nulliHed under color of q statute.
md an Assistant Attorney Generals
opinion. neither Of which contain one
word or hint Of these three dams. And
ne war Department. while earnestly pro-
essing desire to forward this sreat
,olicy, and by granting these applicattons
n the same breath. covers behind the
opinion about dam II as Conclusive.
md refuses to ask the Attorney Genera;
or an opinion about dams IA, Is. and Ia
u to let the Interior Department act.
Says Waste IL the Result.
The net result ID the continued vaste
u the power resources of this and other !
avigable rivers for the indefinite future.
nd it il achieved under q President.
Tho, In all sincerity, has declared his
OPPOSITION to such unnecessary vaste in
ne Illuminating declaration that In the
exicon OF the New Freedom, reservation
not conservation. Truly the cause OF
has beeen wounded In the
House Of its friends.R
The nearing was begun MONDAY. ana
continued yesterday before omciais OF
he two departments upon the applica.
ions of the company for rights OF way
or water power development At govern.
nent navigation dams on Black Warrto.
river -
The Interior Department, with the an
roval OF the War Department. had Is
ueo preliminary permit At Dam ls. de-
handing ana receiving . years rental
nereior' out postponed until now . deci-
ION A. to III authority over the Ianos
{ dams "A. Is. and II. The War Depart
nens had denied the applications a. to
II four dams, and has now ATTEMPTED
impose . veto upon the Interior De-
artmenrs Swing the usual mai permit
{ dam 1A or any permit Whatever at
ANS II Is. and II.
Mr.. Wells was legal adviser on water
'ower to President Rooseveit.s miami
waterway commIse1on. Tor the Roresy
Iervice several years. under 0inoro
'mchot and to Secretary Of the Interior
rsheI. SIS,