The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-02-10

mittee on public lands have improved
the bill in some respects, in the opin-
ion of western senators, but even as
amended the bill makes no material
concessions to the western states not
carried by the original measure. The
only difference Of note has reference
to the disposition of revenue received
by the government under the power
bill; the house turned all receipts in
to the reclamation fund, while the sem
ate gives so per cent of the annual re-
ceipts to the states and so per cent to
the reclamation fund.
Both bills profess to recognize the
authority of the states over the wa
ter to be used in power development
but while so protesting, both bills lay
down conditions which prevent the
states from exercising their jurisdic-
ton over the water in any way except
in strict conformity with the terms
laid down by congress. The states in
other words, are permitted to exercise
only such Jurisdiction as does not con-
flict with the terms laid down by con-
gress.
At Expiration of Lease.
The principal weakness in both bills
is in those provisions having to do
with the disposition of a power plant
at the expiration of the 50-year lease
Both bills permit the renewal of the
leases, but under laws and regulations
that prevail at the time of the expira
ton Of the first lease rather than on
the terms laid down in the original
lease. This single provision, accord
ing to men well advised. will be the
main factor In retarding development
under either Of the bills now in con-
gress.
Many Differences Appear.
Comparing the bills by paragraphs.
many differences are found which ul-
timately may lead to serious con-
flict between the senate and the house,
assuming the senate passes the bill
substantially as reported by its COM
mittee on puDHc lanQS.
The comparison here made Is be-
tween the Ferris bill as passed by the
house on January and the same bill
as amended and reported by the SEN
ate committee on January %.
Time Limit of Leases.
The house bill provides for 50-year
leases only; the senate bill stipulates
that leases shall be for so years, I'M
less the applicant desires lease for
a horter term. The senate bill also
contains an amendment that no lease
shall be granted until the applicant
has complied with the requirements
of the laws of the state with refer
ence to the appropriation of water.
House provisions permitting power
development in forest reserves only
with the sanction of the secretary of
agriculture and giving the secretary
Of the interior the right to give pref
erence to states, counties or munich
palitles, were eliminated by the SEN
ate.
Changes in Senate.
The senate committee also elimin-
ated a house provision prohibiting a
lessee from selling more than SO per
cent of his output to any one consum-
err Where a power plant or distrib
uting system is interstate in charac-
ter. the regulation of rates and super
vision OF stock issues is imposed upon
the secretary of the interior by the
house bill; the senate bill confers
this power on the interstate commerce
commission.
The house bill prohibits the physi
mission lines. except by permission
from the secretary of the interior and
prohibits combinations to fix or raise
prices. The house bill also prohibits
the sale of power by power company
to a distributing company These TWO
provisions have been eliminated from
the senate bill.
Taking Over Of Plants.
Under the recapture clause OF the
house bill the government, upon the
expiration of a lease upon paying "the
actual costs of rights of way, water
rights, lands and interests therein
purchased and used by the lessee In
the generation and distribution of
electrical energy under the lease, and
the reasonable value of all other pro-
perty taken over, including structures
and fixtures acquired, erected or plac-
ed upon the lands and included In the
generation or distribution plant, and
which are dependent" etc. The SEN
ate bill carries different provision
which Is understood to mean that the
government will take over property
on government lands only.
The senate recapture clause reserves |
the right to the government to take |
over 'all the properties which are de-
pendent in whole or in part for their |
usefulness on the continuance of the
lease, which may have been acquired
by any lessee under this act, or the
right to take over, upon mutual agree
ment with the lessee, a severable and
complete unit Of any such power sys-
tenn, upon condition that 1t shall pay,
before taking possession, the fair