The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-02-24

The discussions on the so-calle
r,.rris leasing bills at the recent meet
,ng of the Idaho State Mining associa
tion in Boise have stirred up the de
tenders of the measures. Senate
Walsh of Montana, supporter of tn
hills. Immediately wrote to Judge ]. H
richards, asking the judge what hi'
objections to the bills were and giving
his own reasons for supporting them
He referred to the judges we'll known
familiarity with the operation of the
mining laws and asked him to point
out the Objectionable features in the
Ferris bills.
Stops Oil Development.
Senator Walsh referred to the ex-
tensive prospecting for oil in the Mon
tana fields which had resulted in the
discovery of highly productive we'll
Because, in his judgment, the placer
mining law was altogether inappro-
pirate to the disposition of oil lands,
unjust to the prospector and promot-
terror had withdrawn everything in
the Montana field to await action of
congress.
What Can Be Done?
For heavens sake help us to meet
the situation" wrote the senator. eff
the bill is faulty, point out the parts
10 us with suggestions or amendments
If 1t is radically wrong, get up some
thing which embodies your ideas of
what the law ought to be. There is a
chance for the investment of millions
in Montana, both in oil lands and in
phosphate lands within the next few
years. 1t is painful that our friends in
neighboring states should be standing
in the way of the enactment of law
which would permit this development
to go on"
Judges Objections.
In his reply Judge Richards briefly
stated his objections to the leasing bill
as follows:
Il assume, as a legal proposition
that the people of the public land
states have the right to direct the ap-
plication of the waters of such states
to beneficial use navigation except
ed).
This gives them the right to enact
and enforce such legislation in rela-
ton to such use as may be adapted
thereto.
Such legislation should be based
upon the needs of such use and should
be interpreted in the light of the con-
ditions to which such legislation Is in
tended to apply.
Local people best know local needs
and best know the legislation adapted
to local conditions and the proper in
depreciation thereof.
by what legal principle does the
federal government propose to take
this right from them?
"The people of these states are cap
able of directing their internal affairs,
including intrastate public service
monopolies.
Absentee landlordism has cursed
every community wherever establish
ed.
Il am impressed that development
of public utilities based on local re-
sources by a federal leasing system is
wrong in spirit and will tend to CEN
tralzation in those not conversant or
in sympathy with local needs; the
worst form of monopoly.
Il realize to some extent the needs
and your difficulties in attempting to
meet such needs, and l sincerely re-
greet my inability to give you substan-
tial assistance"
Fundamentals.
AS a basis for legislation needed to
cover the acquisition to title to coal,
phosphate, gas, oil and saline lands
embraced in the public domain, Judge
Richards suggested adherence to the
following fundamentals:
THAT our government is sustained
by the citizen, and not the citizen by
the government.
THAT all income to the government
should flow as directly from the cit
izen as possible.
THAT the strength of our govern
ment rests on the strength of its citi-
zenship, industrially, financially, NOR
ally and periodically.
THAT to have an enduring form of
self-government the citizen must ac-
lively participate in initiating and
conducting industrial ventures Of all
kinds, and in the initiation and direc-
ton of the legislation applicable to
industrial needs, especially in local
state units.
"Paternalism is not permissible un-
der our form Of government
THAT the greatness of our nation
must ever rest on the strength Of its
citizenship in initiative and productive
capacity, respect for law because he
understands it.
ITO the ends above suggested the
resources embraced in the public do
main should pass to the citizen and
his control as rapidly as possible, con-
sistent with such legislative restrictions
as to quantity; and in relation to such