CONSERVATION
DECLARES
Members of National Congress at St. Paul Find
Him Thoroughly in Accord mth Their
Ideas His Speech.
BU Paul, Sept 6. Tho Natlonat
Conflorratlon congress listened, with
doop intorcnt to President Taft's ad
dress today. Tho chlof oxocutlvo
epoko substantially as follows:
Gentlemen of tho National Con&orvatlon
Congress:
Conservation aa on conomlo and po
litical term hu com to mean the preser
vation of our natural resource! for
economical us, no ai to necuro tho groat
it good to the greatest number.
The danger to the state and to the peo
ple at lore from the waste and dissipa
tion of our national wealth Is not one
whloh quickly Improssoi Itself on the peo
ple of the older communities, because Its
most obvious Instances do not occur In
their neighborhood, whllo In the newer
part of the country the sympathy with
expansion nnd development Is so strong;
that the danger Is scoffed at or Ignored,
Among Bclenttflc men and thoughtful ob
servers, however, the danger has always
been present; but It needed florae one to
bring home the crying need for a remedy
of this evil so as to Impress Itself on the
publla mind and' lead to the formation of
publla opinion and action by the ropre
aentattves of the peoplo, Theodore Roose
velt took up this task In the last two
yeAra of his second administration, and
well did he perform it
As president of the United Btates I
nave, as It were. Inherited this policy,
and I rejoice in my heritage. I prize my
high opportunity to do all that an ex
ecutive can do to help a great people
realise a great national ambition. For
conservation Is national. It affects every
(nan of us, every woman, every child.
"What I can do In the cause I shall do,
not as president of a party, but as presi
dent of the whole people. Conservation
Is not a question of politics, or of fac
tions, or of persons. It la a question that
affects the vital welfare of all of us of
our ohlldren and our children's children.
I urge that no good can ooma from meet
ings of this sort unless we afcrlbe to
those who take part In them, and who
aro apparently striving worthily In the
cause, all proper motives, and unless we
Judicially consider every measure or
method proposed with a view to Its effec
tiveness In nohlevlntr our common pur
pose, and wholly without regard to who
proposes It or who will, claim the credit
for Its adoption. The problems are of
very great difficulty and call for the
calmest consideration and clearest fore
sights Many of the questions presented
have phasos that are new In this coun
try, and It Is possible that In their solu
tion we may have to attempt first one
way and then another. What I wish to
emphasize, however, Is that a satisfac
tory conclusion can only be reoohed
promptly If we avoid acrimony, Imputa
tions of bad faith, and political contro
versy. The publlo domain of the government
f the United Btates, Including all the
eeaalone from those of the thirteen states
that made cessions to the United States
nnd Including Alaska, amounted In all to
about 1,800,000,000 acres. Of this there la
left as purely government property out
side of Alaska something like 700,000,000 of
acres. Of this the national forest re
serves In the Unltod Btates proper em
brace 111,000,000 (icrosj
I shall divide my discussion under the
heads of (1) agricultural lands; (!) min
eral landsthat Is, lands tontatnlng
metalliferous minerals; (3) forest lands;
(O coal lan.ds; (S) oil and gas land; and
() phosphate lands.
Anrloultural Lands.
Our land laws for the entry of agricul
tural lands are now aa follows:
The original homestead law, with the
requirements of resldenoe and cultivation
for flvo yoars, much more strictly en
forced than ever before.
Tho onlarged homestead uot, applying
to nonlrrlgabl lands only, requiring nvo
years' resldenoe nnd continuous cultiva
tion of one-fourth of the area.
Tho dosert-land act, which requires on
the part of the purchaser tho ownership
oi a water ngni ana tnorough reclama
tion of the land by Irrigation, and the
payment of per acre.
Tho dotmtlon or Carey act, under which
the ittnto selects the land and provides
for Ha reclamation, and the title vests In
the settler who resides upon the land and
ulttvntos It and pays the cost of the
reclamation.
Tho national reclamation homestead
law, requiring tlvo years' rcaldenco and
cultivation by the settler on the land Ir
rigated by the government, and payment
by him to tho government of the cost of
the reclamation.
The present congress passed a bill et
tgroat Importance, severing the ownership
of coal by the government In the ground
from the surface and permitting home
stead entries upon the surface of the
land, whloh, when perfected, give the
nettter the right to farm the surface,
whllo the coal beneath the surface is re
tained In ownership by the government
and may be disponed of by It under other
laws,
There Is no crying need for radical re
form In the methnds.of disposing of what
aro roolly agricultural lands. The pres
ent laws havo worked well. The en
largud homestead law haa. encouraged the
successful farming of lands In the semi
jirt'l regions,
Reclamation.
y the reclamation aot a fund has been
ereatea of the proceeds of the publlo
lands of the United States with which to
oonstruat works for storing, great bodies
of water at proper altitudes from which,
by a suitable system of canals and ditch
es, the water Is to be distributed over the
arid and subarld lands of the government
to be sold to settlers at a prlco suRlclant
to pay for the Improvements, Primarily,
the projoots aro nnd must ba for the Im
provement of publlo lands. Inoldentullyt
where private land Is also within reach
of the water supply, tho furnishing at
oast or nront of this water to private
owners by tho government Is held by the
federal court of appeals not to ,be n
usurpation of power. Hut certainly this
ought not to be done exeppt from sur
plus water, not needed for government
land. The ttal sum already accumula
ted In the rwKmllon Mm! ,1s Wo.ns,-.
KS.a, and of that all but J4.I3WW.SI tins
been expend.. It became vory clear to
congress at tis lust selon. from the
statements msan by exports, that these
) projects could not bo promptly com
pleted with the balance remaining on
Thand or with the funds likely to accrue
lu the near future. It was found, more
over, that there are many ruttlors who
have been led Into taking up lands with
the hope ami understanding of having
water furnished In a short time, who arv
left In a moet Utstwslng situation, f
recommended to congress that authority
4vn to tha secretary or tne interior
tfea Uwm beads la a&tlclpatlaa of Uie aa
A DUTY,
PRESIDENT TAFT
sured earnings by tho projects, so that
tho projects, worthy and feasible, might
bo promptly completod, and the sottlers
might be rclloved from tholr present In
convenience and hardship. In authorising
the Issue of those projocts, congress lim
ited the application of their proceods to
those projects which a board of army en
gineers, to be appointed by the president,
should examine and determine to bo
feasible and worthy of complotlon. The
board has been appointed and soon will
make Its report
Suggestions have been made that the
United States ought to aid In the drain
ago of swamp lands belonging to the
states or prlvato owners, because, If
drained, . they would be exceedingly val
uable for agriculture nnd contribute to
the general welfare by extending the
area of cultivation. I deprecate tho agi
tation In favor of such legislation. It Is
Inviting the general government Into
contribution from Its treasury toward en
terprises) that should be conducted either
by private capital .or o,t tho Instance of
the state. In theao days there la a dispo
sition to look too much to the federal
government for everything. I am liberal
In the construction of the Constitution
with reference to federal power; but I
am firmly convinced that the only safe
course for us to pursue la to hold fast
to the limitations of the Constitution and
to regard as sacred the powors of the
states. We have made wonderful prog
ress and at the same time have pre
served with Judicial exactness the re
strictions of the Constitution. There Is
an easy way In whloh the Constitution
can be violated by congress without
Judicial Inhibition, to-wlt, by appropria
tions from the national treasury for un
constitutional purposes. It will be a sorry
day tor this country If the time ever
comes when our fundamental compact
shall be habitually disregarded In this
manner,
Mineral Lands.
By mineral lands I mean those lands
bearing metals, or what are called metal
liferous minerals. Tho rules of owner
ship and disposition of these lands were
first fixed by oustom In the west, and
then were embodied In the law, and they
have worked, on the whole, ao fairly and
well that I do not think It Is wise to
attempt to change or better them.
Forest Lands.
Nothing can he more Important In the
matter of conservation than tho treatment
of our forest lands. It was probably the
ruthless destruction of forests In the
older states that first called attention to
a halt In the waste of our resources. This
was reoognlzed by congress by an act
authorising the executive to reserve from
entry and set aside publlo timber lands
aa national forests Speaking generally,
there has boen reserved of the existing
forests about seventy per cent of all
the timber lands of the government
Tmhin these forests (Including 39,000.000
acres In two forests In Alaska) are, 193,
000,000 Of acres, of whloh 1(4,000,001 of
acres are In the United States proper and
Include within their boundaries some
thing like 3,000,000 of acres that belong
to the state or to private individuals. We
have then, excluding Alaska forests, a
total of about 141,000,000 acres of forests
belonging to the government which Is
being treated In ncoord with the princi
ples of oclentlflo forestry.
Thi government Umber In this coun
try amounts to only one-fourth of all the
ttmber, the rest being In prlvato own
ership. Only three per cent of that which
Is In private ownership Is looked after
properly nnd treated according to mod
em rules of forestry. The usual de
structive waste nnd neglect continues In
the -remainder of the forests owned by
private persons and corporations. It Is
estimated that Are nlone destroys $50,000.
000 worth of timber a year. The
management of forests not on publlo
land Is beyond the Jurisdiction of the fed
eral government If anything can be done
hv law It must be done by the state leg-
Watures. I believe that It Is within their
constitutional power to require the en
forcement of regulations In the general
publla Intoreat. as to Are and other
causes of wasto In the management of
forests owned by prlvato Individuals and
corporations.
I have shown sufficiently the conditions
as to federal forestry to Indicate that no
further legislation la needed at the mo
ment except an Increase In the fire pro
tection to national forests and an act
vesting the executive with full power to
make forest reservations In every state
where government land Is timber-covered.
or where the lnnd Is needed for forestry
purposes.
Coal Lands.
The next subject, and one most Impor
tant for our consideration, Is the disposi
tion of the coal lands In the United
States and In Ataska. First as to those
In 111 United States. At the beginning
of this administration they were classl
ned coal lands amounting to t,4Ts.0O)
acres,, and there were witnflrawn from
entry for purposes of classification IT,'
H4T.O0O acres. Since that time there have
been withdrawn by my order from entry
for classification T7.6tS.000 acres, making
a total withdrawal of 16.515,000 acres.
Meantime, of the acres thus withdrawn,
11.371.000 have been classified and found
not to contain coal, and nave on re
stored to agricultural entry, und 4.3M.0O0
acres have been classlfled as coal lands;
white 7S.7SS.000 acrwi remain withdrawn
from entry and await classtncatlon. In
addition 530,000 ncres have been classi
fied as coal lands without prior withdraw.
a, thus Increasing the classified coal
lands to 10.1C3.000 acres.
Under the laws providing for the dispo
sition of coal lands, the minimum price
at which lands are permitted to be sold
la 10 an acre; but the secretary of the
Interior has the power to flx a maximum
price nnd sell at that price, By the first
regulations governing appraisal, ar
proved April . 1W7. the minimum was JtO,
as provided by law. nnq the maximum
was 9100. and tho highest prlco actually
placed upon any land sold was TTi. Un
der the new regulations, adopted April 10.
1M9. the maximum price was Increased to
X except in regions where there are
large mines, where no maximum limit is
fixed and the price Is Determined by the
estimated tons of ooal to the acre. The
highest price fixed for any land under
this regulation "as wen iws. Th ao
uralsal value of the lands classified aa
coal lands and valued under the new and
otd regulations Is shown to bo as follows
i S0XW1 acres, valued under the old regu
lations at M7.H.SX. an average of SIS an
acre: nnd B.SI.TQC! acres classified nnd
'valued under the new regulation at JSI.
.:. or a total of 10.tO.C3 acres, val
uta at iTl.i..&u.
For the year ending March M, 1509. 37
coal entries were made, embracing an
. are 01 ;sj.i acres, wmcn sold ror jess.'
07X40. tor the year endlnr March XL
MIS, there were 17 entries, embracing aa
area of 3,412 acres, which sold for fCOS,
813; and down to August, 1910, there were
but 17 entries, with an area of 1,720 acres,
which sold for $33,910.60, making a dispo
sition of the coal lands In the last two
yars of about 00,000 acres for $1,306,000.
The present congress, as already said,
has separated the surface of coal lands,
either classified or withdrawn for classi
fication, from tho coal beneath, so as to
permit at all times homestead entries
upon the surface of lands useful for ag
riculture and to reserve the ownership
In tho coal to the government. The ques
tion which remains to be considered Is
whcttior the existing law for the sale of
the coal In the ground should continue
In force or be repealed and a new method
of disposition adopted. Under the present
law tho absolute title tn the coal be
neath the surface passes to the granteo
of the government The price Hxed Is
upon nn estimated amount of the tons
of coal per acrn beneath the surface, and
the prices nre fixed so that the earnings
will only be a reasonable profit upon tho
amount paid nnd the Investment noces
sary. Hut, of course, this Is more or loss
guesswork, and the government parts
with tho ownership of the coal In the
gTo'md absolutely. Authorities of the ge
ological survey estimate that In the
United States today there Is a supply of
about three thousand billions of tons of
coal, and that of this one thousand billions
are Inthnpubllc domnln. Of course, the oth
er two thousand billions are within prlvato
ownership and under no moro control aa
to the use or the prlcss at which tho
coal may be sold than any other private
property. If tho government leases the
coal lands nnd acts as any landlord
would, and Imposes conditions In Its
leases like those which are now Imposed
by the owners In fee of coal mines In the
various coat regions of the east then It
would retain over the disposition of the
coal deposits a choice as to the assignee
of the lease, or of resuming possession at
the end of the term of the lease, which
might ranlly be framed to enable It to
exercise a limited but effective control
In the disposition and sate of the coat to
the public. It has been urged that the
leasing system has never been adopted In
this country, nnd that Its adoption would
largely Interfere with the Investment of
capital and the proper development and
opening up of the coal resources. I ven
ture to differ entirely from this view.
The question as to how great an area
ought to be Included In a lease to one
Individual or corporation, Is not free from
difficulty; but In view of the fact that
the government retains control as owner,
I think there might be some liberality tn
the amount leased, and that 2,500 acres
would not bo too great a maximum.
By tho opportunity to readjust the
terms upon which the coal shall be held
by the tenant, either at the end of eaoh
lcaso or at periods during tho term, the
government may secure the benefit of
sharing In the Increased price of coal and
the additional profit made by the tenant
By imposing conditions In respect to the
chnractor of work to be done In the
mines, the government may control tho
character of tho development of the
mines and tho treatment of employes with
reference to safety. By denying the
right to transfer the lease except by the
written permission of the governmental
authorities, It may withhold the needed
consent when It Is proposed to transfer
the leasehold to persons Interested In es
tablishing a monopoly of coal production
tn any state or neighborhood. The change
from the absolute grant to the leasing
system will Involve a good deal of
trouble In the outset, and the training of
experts In the matter of making proper
leases; but the change will be a good
one and can be mado. The change is In
the Interest of conservation, and I am
glad to approve it
Alaska Coal Lands.
The Investigation of the geological sur
vey show that the coal properties In
Alaska cover about 1,800 square miles,
and that there are known to be available
about 15,000,000,000 tons. This is, however,
an underestimate of the coal In Alaska,
because further developments will prob
ably Increase this amount many times;
but we can say with considerable cer
tainty that there are two fields on the
Pacific, slope which can bo reached by
railways at a reasonable cost from deep
water in one case about fifty miles and
In the othor case of about ICO miles,
which wilt afford oertalnly 0,000,000,000
tons of coal, more than half of which Is
or a very high grade of bituminous and
of anthracite. It Is estimated to be worth,
in the ground, one-half a cent a ton,
which makes Its value per acre from $50
to $500. Tho coktng-coal lands of Penn
sylvania ore worth from $800 to $1,000 an
acre, while other Appalachian nolda are
worth from $10 to $3S8 an acre, and the
fields In the central states from $10 to
$2,000 an acre, and In the Itocky moun
tains $10 to $W0 an acre. The demand for
coal on the Paclfla coast Is for about
4.50O.O0O tons a year. It would encounter
the competition of cheap fuel oil. of
which tho equivalent of 12.000,000 tons of
coal a year Is used there. It Is estimated
that the coal could be laid down at Se
attle or San Francisco, a high-grnde bi
tuminous, at $4 a ton and anthraclto at
15 or W a ton. The price of coal on the
Pacific slope varies greatly from time to
time In the year and from year to year
n-on tt to 112 a ton. with a regular coal
supply established, tho expert of the
geological survey, Mr. Brooks, who has
made a report on the subject, do not
think there would be nn excessive rofit
In the Alaska coal mining because the
price at which the coal could be sold
would be considerably lowered by compe
tition trom tnese neids and by the ores
ence of crude fuel oil. The history of the
laws affecting the disposition of Alaska
coal lands shows them to need amend
ment badly.
On November 12. 1JOS. President Boose-
rlt Issued an executive order with
drawing all coal lands from location and
entry In Alaska. On May IS, 1907. he
modified tho order so as to permit valid
locutions made prior to the withdrawal
on November II. IWS, to proceed to entry
and patent. lTlor to that date some SCO
claims had bean riled, most of them Bald
to bo Mogul because either made fraudu
lently by dummy entrymen In the Inter
est of one Individual or corporation, or
because of agreements made prior to lo
cation between the applicants toco-operate
in ueveioping me lanas. There ore 33
claims for 10) acres each, known aa the
"Cunningham clalma." which are claimed
to be valid en the ground that they were
made by an attorney for 33 different
and bona tide claimants who, as
alleged, paid their money and took the
proper steps to locate their entries and
protect them. The representatives of the
government In the hearings before the
land ofllce have attacked the validity of
these Cunningham claims on the ground
that prior to their location there was an
understanding between the claimants to
pool their claims after they bad been
perfected and unite them tn one com'
pany. The trend or decision seems to
show that such an agreement would In
validate the claims, although under the
subsequent law of May 23. 15CS. the con
solldatlon of such clalma was permitted.
after location and entry, In tracts of
2,50 acres. It would be. of court. Iro
proper for me to Intimate what the re
sult of the Issue as to the Cunningham
nnd other Aiasta claims is likely to be.
but It ought to be distinctly understood
that no private claims for Alaska coal
lands have aa yet been allowed or ter.
foctod, and also that whatever the result
as to pending claims, the existing coal
land laws of Alaska are most unsatisfac
tory and should be radically amended.
To begin with, the purchase price of the
land la a flat rate of $10 per acre, al
though, as we have aeen. the estimate of
the agent of the geological survey would
carry up tha maximum of value to $500
an acre. In my Judgment It la essential,
In the proper development of Alaska that
these coal lands should be opened, ana
that the Pacific slope should be given the
benefit of the comparatively cheap coal
of fine quality which can be furntshod at
a reasonable price from these fields; but
the public, through thk government.
ought certainly to retain a wise control
nnd Interest In these coal deposits, and I
think it may ao so sareiy it congress win
authorize the granting of leases, as al
ready suggested for government coal
lands In the Unltod 8tates, with provi
sions forbidding the transfer of the
leases except with the consent of the
government thus prevontlng their acqui
sition by a combination or monopoly and
upon limitations as to tho area to be in
cluded In any one lease to one Individual,
and at a certain moderate rental, witn
royalties upon the coal mined propor
tioned to the market value of the coal
either at Seattle or at San Francisco. Of
course such lease 1 should contain condi
tions reaulrlng tho erection of proper
plants, tho proper development by mod
ern mining methods of the properties
leased, and the use of every known and
practical means and device for saving the
life of the miners.
OH and Gaa Lands.
In the lost administration thero wero
withdrawn from agricultural entry 2.820,-
000 acres of supposed oil land In Califor
nia; about a million and a half acres In'
Louisiana, of which only 6, wo acres
wero known to be vacant unappropria
ted land; 75,000 acres In Oregon and 174,-
000 acres In Wyoming, making a total of
noarly 4,000,000 acres. In September, 1909,
I directed that all publla oil lands,
whether then withdrawn or not, should
be withheld from disposition ponding con
gressional action, for the reason that the
existing placer mining law, although
mado applicable to deposits of this char
actor, Is not sultablo to such lands, and
for tho further reason that It seemed de
sirable to reserve certain fuel-oil deposits
tor the use of the American navy. Ac
cordingly the form of all existing with
drawals was changed, and new with
drawals aggregating 2,750.000 acres were
mode In Arizona, California, Colorado,
New Mexico, Utah and Wyoming. Flold
examinations during the year showed
that of tho original withdrawals, 2,170,-
000 acres wero not valuable for oil, and
they were restoroa ror agricultural entry.
Meantime, other withdrawals of publla
oil lands In these states wero made, so
that July 1, 1910, tho outstanding with
drawals then amounted to 4,550,000 acres.
Ths needed oil and gas law Is essential
ly a leasing law. In their natural occur
rence, oil and gas cannot bo measured In
terms of acres, like coal, nnd It follows
that exclusive title to theso products can
normally be secured only after they reach
the surface. Oil should be disposed of as
a commodity In terms of barrels of
transportable product rather than tn
acros of real estate. This Is, of course,
the reason for the practically universal
adoption of tho leasing system wherever
oil land la In private ownership. The
government thus would not bo entering
on an experiment, but simply putting
Into offect a plan successfully opcroted In
private contracts. Why should not ths
government aa a landowner doa! directly
with the oil producer rather than through
the Intervention of a middleman to whom
tha government gives tltlo to tho landT
The principal underlying feature of
such legislation should be tho exercise of
beneficial control rather than the collec
tion of revenue. As not only the largest
owner of oil lands, but as a prospective
large consumer of oil by roason of the
Increasing use of fuel oil by the navy,
the federal government Is directly con
cerned both In encouraging rational de
velopment and at .tho same time insuring
the longest possible life to the oil sup
ply. One of ths dlfneultlea presented, espe
cially In the California fields, la that ths
Southern Paclflc railroad owns every
other section of land In the oil Held,
and in those fields the oil aeems to be In
a common reservoir, or series of reser
voirs, communicating through the oil
sands, so that the excessive draining of
oil at one well, or on the railroad - terri
tory generally, would exhaust the oil In
the government land, nonce it is im
portant that If the government Is to havo
Its share of the oil It should begin the
opontng of wells on Its own property.
It has been suggested, and I bellevo the
suggestion to be a sound one, that per
mits bo Issued to a prospector for oil
giving him tho right to prospect for two
yoars over a oertaln tract of government
land for the dlsoovery of oil. the right to
bo evidenced by a license for which he
pays a small sum. When the oil Is dis
covered, then he acquires tltlo to a cer
tain tract, much In the same way aa ho
would acquire title under a mining taw.
Of course If tho system of leasing Is
adopted, then ho would be given the
benefit of a lease upon terms llko that
above suggested. What has been said In
respect to oil applies also to government
gaa lands. t
Phosphate Lands.
Phosphorus Is one of the three essen
tials to plant growth, the other elements
being nitrogen nnd potash. Of these
three, phosphorus is by all odds tho
aenrcest element In nature. It Is easily
extracted In useful form from the phoa-
phate rock, and the United States con
tains the greatest known deposits of this
rock In the world. They are found In
Wyoming, Utah and Florida, as well as
In South Carolina, Georgia and Tennes
see. The government phosphate lands nre
confined to Wyoming. Utah and Florida.
Prior to March 4. 1909. there were 4,000,000
acres withdrawn from agricultural entry
In the ground that the land covered phos
phate rock. Since that time, 2,32000 acres
of the land thus withdrawn was found
not to contain phosphate In profitable
quantities, while 1.573,000 acres was classl
AmI properly aa phosphate lands. During
thla administration there has been with
drawn and classified 437.000 acres, so that
today there !s classified as phosphate rock
land 2,115,C00 acres. This rock la most
Important In the composition of fertilizers
to Improve the soil, and aa the future Is
certain to create an enormous demand
throughout this country for fertilization,
the value to the public of such deposits
an these can hardly be exaggerated. Cer
talnly with respect to these deposits 1
careful policy of conservation should be
followed. A law that would orovtda a
leasing system for the phosphate depos
its, together with a provision for the sep
aration of the surface and mineral rights
as is already provided for in the case of
coat, would aeem to meet the need of
promoting the development of these de
posits and their utilization In tha agrl
ruuurai lanas 01 tne west. ir it i
thought desirable to discourage the expor
tation of phosphate rock and the saving
ot it tor our own lands, thla purpose
could be accomplished by conditions in
the leare granted by the government to
Its lessees. Of course, under the consti
tution the government could not tax
and could not prohibit the exportation ot
phosphate, but as proprietor and owner
of the lands In which the phosphate Is
deposited It could Impose conditions uaon
the klnl of siles, whether foreign or do
mestic, which the lessees might make of
the phosphate mined.
Water-Power Sites.
Prior to March 4. 1909, thew had been,
on the recommendation of the reclama
Hon service, withdrawn from agricultural
entry, because they were regarded as
useful for water-power sites which ought
not to be aispeseu ot as agrlcultral lands,
tracts amounting to about four million
acres. The withdrawals were hastily
roada and Incljded a great deal of land
tnac was not usetui ror power sites.
They were Intended to Include tho power
sites on a rivers tn nlno states. Since
that time 3,475,441 aores have been re
stored for settlement of Use original four
million, because they do not oontaln pow
er sites; and msantime there have been
newly withdrawn 1.246,882 acres on vacant
publlo land and 211,007 acres on entered
publlo land, or a total of 1,459 S09 acres.
These withdrawals made from time to
time cover all the power sites Included
In the nrst withdrawals, and many more,
on 135 rivers and In 11 states. The dispo
sition of these power sites Involves one
of the most difficult questions presented
in carrying out practical conservation.
The statute of 1391 with Its amendments
permits the secretary of the interior to
gTant perpetual easements or rights of
way from water sources over pumio
lands for the primary purpose of Irriga
tion and such electrical current as may
be Incidentally developed, but no grant
can be made under this statute to con
cerns whoso primary purpose is gener
ating and handling electricity. The stat
ute of 1901 authorizes the secretary of
the Interior to Issue rovocable permits
over the public lands to electrical power
companies, but this statute Is woefully In
adequate because It dues not authorize
the collection of a charge or fix a term
of years. Capital Is slow to Invest In an
enterprise founded on a permit revocable
at will.
It Is the plain duty of the government
to see to It that In tho utilization and de
velonment of nil this Immense amount
of wntcr power, conditions shall be Im
posed that will prevent monopoly ana
will prevent extortionate charges, which
are the accompaniment of monopoly. The
difficulty of adjusting the matter Is ac
centuated by the relation of the power
sites to the water, the fall and flow of
which croato tho power. In the states
where these sites aro, the riparian own
er does not control or own the power in
the water which flows paat his land.
That power Is under the control and with.
In the grant of the state, and generally
the rule Is that the first water user Is en.
titled to the enjoyment Now, the pos
session of the bank or water-power site
over which the wator Is to be conveyed
tn order to make the power useful, gives
to Its owner an advantage and a certain
kind of control over the use of tho watei
power, nnd It la proposed that the govern
ment In dealing with Its own lands should
use this advantage and lease lands for
power sites to those who would develop
the power, nnd Impose conditions on the
leasehold with referenoe to the reason
ableness of the rates at which the power,
when transmuted, Is to be furnished tn
the public, and forbidding the union of
the particular power with a combination
of others made for the purpose of monop
oly by forbidding assignment of the
lease savo by consent of the government.
Serious difficulties are anticipated by
some In such an attempt on the part of
the general government, because of the
sovereign control of the state over the
water power In Its natural condition, and
the mere proprietorship of the govern
ment In tho rlpnrlan lands. It Is con
tended that through its mere proprietary
right In the site, the central government
haa no power to attempt to exercise po
lice Jurisdiction with reference to how
the water power In a river owned and
controlled by ths state shall be used, and
that It Is a violation ot the state's rights.
I question the validity of this objection.
The government may impose, any condi
tions that It chooses In Its lens of Its
own property, even, though It may have
tho tamo purpose, and In effect accom
plish Just what tho state would accom
plish by the exercise of Its sovereignty.
There are those (and tho director ot the
geological survoy, Mr. Smith, who has
given a great deal, of attention to this
matter. Is one of them) who Insist that
this matter of transmuting water power
Into electricity, which can ba conveyed
all over the country and across state
lines, la a matter that ought to be re
tained by the general government, and
that It should avail itself ot the owner
ship of these power sites for the very
purpose of co-ordinating in one general
plan the power generated from these
government owned sites.
Arguments Against Idea.
On the other hand. It la contended that
It would relieve a complicated situation
If tho control of tho water-power site
and the control of the water were vested
In the same sovereignty and ownership,
viz., tne states, ana men were aisposea
of for development to private lessees un
der the restrictions needed to preserve
the Interests of the public trom the extor
tions and abuses of monopoly. Therefore,
bills havo been Introduced In congress
providing that whenever tho state au
thorities deem a water power usetui they
may apply to the government of the
United States tor a grant to the state
ot tho adjacent land for a water-power
site, nnd that this grant from the fed
eral government to tho state shall con
tain a condition that tho stato shall
never part with the title to the water
power slto or the water powor, but shall
lease It only tor a term of years not ex
ceeding ffty, with provisions In the
lease by which the rental and the rates
for which tho powor Is furnished to the
public shall be readjusted at porlods less
than tho term of tho lease, say, every ten
years. The argument Is urged against
this disposition ot power sites that lesls
lators and state authorities are more sub
ject to corporate Influence and control
than would bo the central government: In
reply It Is claimed that a readjustment
of the terms of leasehold every ten years
would secure to the publlo and the state
Just and equitable terms.
I do not express nn opinion upon the
controversy thus made or a preference
as to the two methods of treating water
power sites. I shall submit the matter to
congress and urge that one or the other
of the two plana be adopted.
I have referred to the courso ot the last
administration and of the present one In
making withdrawals ot government lands
from entry under homestead nnd othei
laws nnd of congress tn removing all
doubt as to the validity of these with
drawals aa a great step In the direction
of practical conservation. But It la only
one of two necessary steps to effect what
ahould be our purpose. It has produced
a status quo and prevented waste and Ir
revocable disposition of the lands until
the method for their proper disposition
can be formulated. But It Is of tho ut
most Importance that such withdrawals
ahould not be regarded as the final step
In the course ot conservation, and that
the Idea should not be allowed to spread
that conservation Is the tying up ot the
natural resources of the government for
Indefinite withholding from use and tha
remission to remote generations to decide
what ought to be done with these means
ot promoting present general human com
fort and progress. For, If so. It Is certain
to arouse the greatest oppesttton to con
servation as a cause, and If it wore a
correct expression of the purpose ot con
servatlonlsts It ought to arouse this op
position. As I have said elsewhere, ths
problem is how to save and how to util
ize, how to conserve and still develop;
for no sane person can contend that It Is
for the common good that nature s bless
lnga should be stored only for unborn
generations.
I beg of you, therefore, In your delib
erations and tn your Informal dlocusslons,
when men come forward to suggest evils
that the promotion of conservation Is to
remedy, that you Invito them to point
oui me ipcinc cms nna tne specific
remedies: that you Invite them to come
down to details In order that their discus,
slons may flow Into chunels that shall be
useful rather than Into periods that shall
be eloquent and entertalnuir. without
shedding real light on the subject. The
people should be shown exactly what Is
needed In ordor that they muke thsur
representatives In congress and the staU
leguxaiurv uv iuou imvuigani DiuauiK.
T
DOUBLE III SPAIN
rotender Who Threatens to Bat
tle for tho Throne.
Origin of the Present Difficulty Bi
tween tho Government and tho
Vatican The Carllsta
Plot Revolt.
Undrld. -The Carllsta of Spain, wha
havo boon threatening rovolutlon la,
connection with tho present controri
ersy between tho government and th
Vatican, take their namo from Doa
Carlos, brother of King Ferdinand
VII. Ferdinand about 1830 sot aalda
by- royal docroo tho sallc law, which,
excluded females from tho throne, la
favor of his Infant daughtor, aftor-i
wards Queen Isaballa. This docree.
whoso constitutionality Is and probs
The Spanish Pretender.
bly ever will be a matter of dispute
to Spanish legists, sot asldo Don
Carlos, who would otherwise havsj
been Indisputably heir apparent. Don,
CarloB after protesting In words fori
several years against bis deprivation.
began In 1834 to protest In arms.
A terrible civil war followed, which
ended only in 1840 with tho defeat oil
the Carllsts. Spain was a long tlmo,
In recovering from tbo effects of th,
struggle. Undor Don Carlos II., son,
and successor of Don Carlos L, war,
broke out again in 1873 and was not
stamped out for three years. Don
Jaime Is the son of Don Carlos II. and
is said to bo a man of considerable)
military ability.
Tho revision of tho Concordat.
which regulates tho relations botweeni
church and state, is at the bottom ofl
tho difficulty. Arrayed on one slda
is the government, supported by th
king, and on the other are tho Catho
lic church and tho vast power andj
wealth of tho religious orders.
The Concordat dates back to 1851
and does not lit existing conditions.
The present premier, Senor Canalejas,
haB undertaken to rovlso it and at tha
very outsot drew upon himself tha
antagonism of tho church. Dy thai
provisions of this Instrument tha
church is subject to certain restric
tions, which really havo never been
enforced. Ono of these limits thai
number of religious orders In tha
kingdom to fewer than 100. Owing,
however, to tho non-onforcoment of
tho law, thero are nearly 4,000 order
in Spain, many of them owning prop
erty and enjoying exemption from
taxation and possessing also other
special privileges. In opening up tho
question of tho revision of tho Con
cordat, Senor Canalejas announced his
intention of enforcing the provisions
of tho law of 1851 relative to tha
religious orders. Tho church, of
course, Interposed its objection and
made Its Intention plain that tho re
vision it wanted was such as would
remove tho restrictions of 1851 and In
crease rather than diminish Its au
thority and power. Noither sido haa
seemed inclined to yiold.
The Carllsts, who aro opposed to
the present dynasty, are particularly.
Kino Alfonso.
active, and now that King Alfonso hn
thrown In IiIh lot with Honor Ciinnlo
Jan, tho rollgtmui imlora nru sulci to
regard with fnvoi i Cmilst niovo.
mont. Tho ropuliUpniiH, or radical,
tiro nlnn plnnnliiK tho ostalilluhiuont
of 11 rottubHo, n that KIhb AUoiiho'i
Hirnno Hooma to tin nuitiiunul from twe
iliUm, Till) OlU'ltnt loiultn' lu Dot)
Jnluu), on or tliu UUu Don Ctiilos,
mil lm Una tho niiiMtrt of tint plorgy,
tho lumHiinlM mill I lm lU'Ulmn iU Don
faimo wiiH Imrn In lHYrt unit In cniliui
tlui DuUo of Mmlrlil In I'ouil tilrolos.