The Birmingham age-herald., 1914-02-21
Secretary of War Makes
Public Letter to Chairman
of House Committee
DRAFT OF NEW PUBLIC
DAM ACT ALSO SENT
Garrison Announces That in Contro-
versy Over Right of States, Gov
ernment Will Adopt Policy Recog
MIXING Equal Sphere Of Each

Washington. FEBRUARY 2o.-secretary
Garrison tonight made public letter to
Chairman Adamson of the House COM
mittee ON Interstate and foreign conf
rnerce. which embodies the water power
policy OF the natofal administration as
it has been approved by President VIII
SON The secretary announced that In
The controversy over the right of the
states and the federal government he had
decided to adopt a policy which recog
nizes the equitable sphere of each"
Accompanying the letter was a draft of
a new public dam act representing the
administration views on water power
projects in navleable streams. The plan
would require those who wished TO dam
stream for water power purposes to
obtain the right 10 do so from the public
utility commissions of the various states,
and present their applications TO the fed
eral government after showing the APP
plieants are duly Incorporated public utili-
ties. Power of regulation would be re-
tanned by the federal government. and
discretionary right to issue permits only
to those states when have public utility
laws imposing reasonable charges and
proper safeguards to the public interest
Garrison's Letter
After reviewing briefly the controversy
between the advocates of strict national
regulation and the supporters of the states
rights view. Secretary Garrison said in his
letter 10 Representative Adamson:
1T seemed to me that the proper point
ofsylew from which to approach situa-
tion which had reached what appeared
TO be permanent stand-stil was to CON
slider not only the law. but also the
equities and interests of all concerned. SO
as to decide upon a policy eonsonant with
law and With the equities and interests
aforesaid,
Legally speaking, l do not tlsilk there
Gan be any dispute shat. with respect to
the question OF poAver the position of the
federal government is paramount. Moth
ing can be done without its consent. and
only that can be DONE to which it consents.
There is no justification for policy of
do-nothing. Therefore, the question is
what is tho wise policy to adopt that
| something may be done? The interests TO
be considered and the equities with re-
spect thereto, | view as follows:
Dams in Navigable Streams
First, Of course there are the conn
munities which will benefit by the utliza-
tion Of the water power developed by
| the placing OF dams in navigable streams
Next is the Immediate sovereign over
| them which would direct this matter and
| have power with respect thereto. where
| / not fo- the paramount power above al
luded to, which resides in the federal
| government Finally, there is the federal
| government with absolute power by rea-
| son of it's ability legally to prevent the
doing OF anything without its consent
Therefore, the proper solution seems to
me to be TO adopt policy which recos
niZes the equitable sphere of each OF those
| In interest [ conceive the equitable
| sphere of the federal government to "a
| to see to IL that this great public utility.
wherever availed of should be availed of
| in way that will benefit the greatest
| number under the most favorable terms
| possible, and In doing So TO recognize
| tho justice mot as matter of law or
| the state entity or sovereignty receiving
"a revenue from the operation of this
| public utility within its confines and regu-
| lating it for the benefit of it's people.
| '"fhe draft of the bill which I here
/, with hand you and which. IL 1t meets
with your approval ! suggest you intro
duce into Congress seeks to accomplish
| the objects | have above outlined 1t is
| a new public dam act.
New Public Dam Act
Briefly speaking, II provides that those
who wish to dam a navigable stream.
and incidentally create water power
must, as at present, obtain the right so
to do from their state. then must obtofn
| authority from the Congress. The CONF
pany seeking this right must be pub
lie utility company and subject to laws
regulating public utilities 30 that its
operations may be properly regulated ard
controlled. The state in which this COM
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