Valentine Democrat. (Valentine, Neb.) 1900-1930, September 08, 1910, Image 3

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PROBLEMS MANY YEARS OLD
Children of Today Puzzle Over Them
\ Just as They Did a Thousand
; ' Years Ago.
I When King Alfred the Great was
ireigning over England , a thousand
ivears ago , school children pondered
Jover . problems in arithmetic much as
-pur boys and girls do now.
Here are two taken word for word
irc/m : a lesson book of that day :
. "The swallow once invited the snail
. Ito dinner. He lived just one league
jCthroe English miles ) from the spot ,
dand the snail traveled at the rate of
bnly < < one inch a day. How long
- -would ; I it be before he dined ? "
"An old man met a child. 'Good-
jday , my son / he said. 'May you live
jas long as you have lived , and as
: knuch more , and thrice as much as all
jthis ; and if God gives you one year
in addition to the others , you will be
& . century oldVhat ! was that boy's I
ageThe Comrade.
HOW A DOCTOR CURED SCALP
DISEASE
4
"When I was ten or twelve years
old I had a scalp disease , something
like scald head , though it wasn't that
1 suffered for several months , and
: most of my hair came out. Finally
Jthey had a doctor to see me and he
recommended the Cuticura Remedies.
JThey . cured me in a few weeks. I
sfiave used the Cuticura Remedies , also ,
: or a breaking out on my hands and
" pras benefited a great deal. I haven't
liad any more trouble with the scalp
disease. Miss Jessie F. Buchanan ,
.R. F. D. 3 , Hamilton , Ga. , Jan. 7,1909. "
Kept with Barnum's Circus.
P. T. Barnum , the famous circus
.man , once wrote : "I have had the
. jCuticura t Remedies among the con-
-tents of my medicine chest with my
tfihows for the last three seasons , and I
jban cheerfully certify that they were
ivery : effective in every case which
called for their use. "
A Busy Life.
Sub-Editor dispatch from the
[ penitentiary says the , convicts have
tetruck and refuse to work unless they
jean , have pie twice a day.
Great Editor ( busily ) - Counsel mod-
ieration and arbitration.-New York
Weekly.
Telling a Lie.
Mrs. Jollyboy-Where on earth have
, ou been ?
1/ , Mr. J. - I cannot tell a lie ; I've been
Jat my office.
'p Mrs. J. - That's where we differ. I
lean tell a lie-when I hear one. I
I I
i I
OR. MARTEL'S FEMALE PILLS. I
I
.
t I Seventeen Years the Standard.
I
I ' Prescribed and recommended for
( { Women's Ailments. A scientifically pre-
I tpared remedy of proven worth. The
iresult from their use is quick and per-
j imanent For sale at all Drug Stores.
I
His Bad Break.
i "Whooper humiliated his wife terri-
bly . last night. ,
CI "
?
, " 0h , the minister read two chapters
\ \ , ; from the Acts , and Whooper went out
' \ \between them.-Puck.
Got Stung , All Right.
Bill - This paper says that bees
nvere unknown to the Indians.
Jill-Yes , I believe it was the tra-
jders who used to sting them.-Yonkers
Statesman.
Depend not on another , rather lean
Upon thyself ; trust to thine own exer-
jtions , subjection to another's will
Jgives pain. - Manu.
1 The undertaker usually finishes all
j 111e undertakes.
I Mrs. "Wlnsiow's Soothing Syrnp.
( E'or children teothinc. softens tho gums. reduces
. i | 11amm&Uon.a.l1a.rsrlaln.curcswlndcollc. ; 25ca bottle.
1
The secrets the average woman can
, keep are those of her toilet.
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tf
{ Sioux City Directory
r . .
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I KODAKS and supplies of every
r description. Send for
catalogue. Finishing a specialty.
; ZIMMERMAN BROS. , Sioux City , la.
,
i Tfp-Top&8oa-Ton
I 8ROO MS
,
1 Ask your dealer for
- those Brands. Dealers sendf or prices.
; : ; Sloux City Broom "Works , Sioux City , Iowa
If ; r i We Have No Agent
I , - ; $ n your nearest town , write us and we will
Arrange it so you may sell us your cream
. -and receive the , highest market price.
fiANFORD PRODUCE CO.
SIOUX CITY
FELT MATTRESS
. . . . . Illustration. .
! Guar
, . anteed not to pack or
. - become lumpy. Good
± . t grade of tick. This mat
. \ tress Is worth 1.50 and
we offer It , as $1.50 $ QC
. 6.95
h a special at yuiuw
Send for Furniture Catalogue. THE ANDERSON"
JFURNITURE : CO. , 600-8 4th fit. , Sioux City , Ia.
1
t
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jfo. 176 Concord Team Harness.
I ' TThis . is a splendid harness and an unusual
" argaia. No collars. $31.00.
'Sed tor ou free Harness Catalog.
STDRGES BROS.
! . -l P * H ' Street Stone Ci.I
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CONSERVATION A DUTY ,
DECLARES PRESIDENT TAFT
. . .
Members of National Congress at St. Paul Find
Him Thoroughly in Accord with Their
Ideas---His .
. - - - Speech. " . -
St Paul , Sppt. . - The National
Conservation congress listened with ,
deep interest to President Taft's ad
a-
dress today. The chief executive
spoke substantially a follows :
Gentlemen Congress : of the National Conservation
Conservation as an economic and po
litical term has come to mean the preser-
vation of our natural resources for
economical use , so as to secure the great-
est good to the greatest number.
The danger to the state and to the peo-
ple at large from the waste and dissipa-
tion of our national wealth is not one
which quickly impresses Itself on the peo-
ple of the older communities , because its
most obvious instances do not occur in
their neighborhood , while in the newer
part of the country the sympathy with
expansion and development is so strong
that the danger is scoffed at or ignored.
Among scientific men and thoughtful ob
servers , however , the danger has always
been present ; but i needed some one to
bring home the crying need for a remedy
of this evil so a to Impress itself on the
public mind and lead to the formation of
public opinion and action by the repre-
sentatives of the people. Theodore Roose-
velt took up this task in the last two
years of his second administration , and
well did he perform it
As president of the United States I
have , 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 40 to help a great people
realize a great national ambition. For
conservation Is national. It affects
conservaton natonal I afects every
man of us , every woman , every child.
What I can do in the cause I shall do ,
not as president of a party , but a presi-
dent of the whole people. Conservation
Is not a question of politics , or of fac-
tions , or of persons. I Is a question that
affects the vital welfare of all of us-of
our children and our children's children.
I urge that no good can come from meet-
ings of this sort unless we ascribe to
those who take part in them , and who
are 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-
tU'enesa In achieving 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-
sight. Many of the questions presented
have phases 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 reached
promptly if we avoid acrimony , imputa
tions . of bad faith , and political contro
versy.
The public domain of the government
of the United States , including all the
cessions from those of the thirteen states
that made cessions to the United States
and including Alaska , amounted in all to
about 1,80,0,0 , acres. Of this there Is
left a purely government property out-
side of Alaska something like 70,0,0 of
acres. Of this the national forest re-
serves in the United States proper em-
brace 14,0,0 acres.
I shall divide my discussion under the
heads of (1) agricultural lands ; (2) ( min-
eral lands-that Is , lands containing
metalliferous minerals ; (3) forest lands ;
(4) coal lands ; (5) oil and gas lands ; and
(6) phosphate lands.
Agricultural Lands.
Our land laws for the entry of agricul
tural lands are now as follows :
The original homestead law , with the
requirements of residence and cultivation
for flve years , much more strictly en-
forced than ever before.
The enlarged homestead act , applying
to nonlrrlgable lands only , requiring five
yers residence and continuous cultiva
tion of one-fourth of the area.
The desert-land act , which requires on
the part of the purchaser the ownership
of a water right and thorough reclama-
tion of the land bY irrigation , and the
payment of $1.25 per acre.
The donation or Carey act , under which
the state selects the land and provides
for its reclamation , and the title vests in
the settler who resides upon the land and
cultivates it and pays the cost of the
reclamation.
The national reclamation homestead
law. requiring five years' residence and
cultivation by the settler on the land ir-
rigated by the government , and payment
by him to the government of the cost of
the reclamation.
The present congress passed a bill of
great 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 , which , when perfected , give the
settler the right to farm the surface ,
while the coal beneath the surface is re-
tained in ownership by the go'vernment
and may be disposed of by it under other
laws.
There Is no crying need for radical re-
form in the methods of disposing of what
are really agricultural lands. The pres-
ent laws have worled well. The en-
larged homestead law has encouraged the
successful farming of lands in the semi-
arid regions.
Reclamation.
By the reclamation act a fund has been
created of the proceeds of the public
lands o the United . States with which to
construct 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 subarid lands of the government
governm.nt
to : be sold to settlers at a price r.uflk'ifnt
to pay for the improvements. Primirily ,
the projects arc and must be for the im-
provement of public lands. Incidentally ,
where private land is also within reach
of the water supply the furnishing at
cost or profit of this water to private
owners by the government is held by the
federal court of appeals not to be a :
usurpation of power. But certainly this I
ought not to be done except from sur-
plus water , not needed for government I
land. The total sum already accumula
ted in the reclamation fund is SG0.273- :
2.2 and of that all but $6,491.91 r.31 has ,
been expended. I became very clear to I
congress at its last session from the
statements made by experts that these
3 projects could not be promptly com-
pleted with the balance remaining on
hand or with the funds likely to accrue
In the near future. I was found m re-
over , that there are many settlers who
iave been led Into taking up lands with
the hope and understanding of having
water furnished in a short time , who are
left In a most distressing situation. I
recommended to congress that authority
be given to the secretary of the Interior
gven
to Issue bunds in anticipation of the as
-
sured earnings by the projects , so that
the projects , worthy and feasible , might
be promptly completed , and the settlers
might be relieved from their present In-
convenience and hardship. In authorizing
the issue of these projects , congress lim
ited the application of their proceeds to
those projects which a board of army en-
gineers , to be appointed by the president ,
should examine and determine to be
feasible and worthy of completion. 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
age of swamp lands belonging to the
states or private owners , because , If
drained , they would be exceedingly val-
uable for agriculture and contribute to
the general welfare by extending the
area of cultivation. I deprecate the agi-
tation In favor of such legislation. I Is
Inviting the general government Into
contribution from Its treasury toward en-
terprises that should be conducted either
by private capital or at the Instance of
the state. In these there is
days 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 Is to hold fast
to the limitations of the Constitution and
to regard as sacred the powers 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 I
an easy way In which the Constitution
'
can be violated by congress without
judicial inhibition , to-wi by appropria
tions from the national treasury for un-
constitutional purposes. I will be a sorry
day for this country If the time ever
comes when our fundamental 'compact
manner. shall be habitually disregarded in this
Mineral Lands.
By mineral lands I mean those lands
bearing metals or what are called metal-
liferous minerals. The rules of owner-
ship and disposition of these lands were
first fixed by custom in the west , and
then were embodied in the law , and they
have worked , on the whole , so fairly and
well that I do not think i Is wise to
attempt to change or better them.
Forest Lands.
Nothing can be more Important in the
matter of conservation than .the treatment
of our forest lands. I 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 recognized by congress by an act
authorizing the executive to reserve from
entry and set aside public timber lands
as national forests Speaking generally ,
there has been reserved of the existing
forests about seventy per cent of all
the timber lands of the government.
Within these forests ( including 26,0,0
acres in two forests in Alaska ) are 192-
0,0 of acres , of which 166,0,0 of
acres are In the United ' States proper and
Include within their boundaries some
thing like 22,0,0 of acres that belong
to the state or to private Individuals. We
have then excluding Alaska forests , a
total of about 144,000,000 acres of forests
belonging to the government which is
being treated In accord with the princi
ples of scientific forestry. . '
The government timber In this coun-
try amounts to only one-fourth of all the
timber , the rest being in private own-
ership. Only three per cent. of that which
Is in private ownership i looked after
properly and treated according to mod-
ern rules of forestry. The usual de
structive waste and neglect continues in
the remainder of the forests owned by
private persons and corporations. I is
estimated that fire alone destroys $50,000-
0 worth of timber a year. The
management of forests not on public
of the fed-
land is beyond the Jurisdiction -
eral government. I anything can be dona
by law i must be done by the state leg-
' latures. I believe that I is within their
constitutional power to require the en-
forcement of regulations in the general
public interest , as to fire and other
causes of waste In the management of
forests owned by private individuals and
corporations.
I have shown sufficiently the conditions
as to federal forestry to Indicate that no
further legislation is 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 land 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 Alaska. First , a to those '
in the United States. At the beginning
of this administration they were classi-
fied coal lands amounting to 5,476,00
acres and there were withdrawn from
entry for purposes of classification 17-
867,000 acres. Since that time there have
been withdrawn by my order from entry
for classification 77,648,000 acres , making
a total withdrawal of 95,515,0 acres.
Meantime , of the acres thus withdrawn ,
1,371,0 have been classified and found
not to contain coal and have been re
stored to agricultural entry and 4,356,000 .
acres have been classified as coal lands ;
while 79.7SS.OOO acres remain withdrawn
from entry and await classification. In
addition 3 . ( acres have been classi-
fied as coal lands without prior withdraw
al thus increasing the classified
, classifed coal
lands to 10.168,000 acres.
Under the laws providing for the dispo-
sition of roal lands , the minimum price
at whirh lands are permitted to be sold
Is $10 an acre : but the secretary of the
interior has the power to fix a maximum
prir and sell at that price. By the first
regulations governing appraisal ,
( ulliC's , ap
proved April S , 3.007 , the minimum was $10.
as provided by law. and the maximum
was S100. and the highest price actually
placed upon any land sold was $75. Un-
-Irr tho { \ regulations , adopted April 10.
1309. tH maximum price was increased to
? : ( excopt in regions where there are
largo mines where no maximum limit is
fi\od un < l tlio price is aetermined by the
estimated tons of coal to the acre. The
highest pr1'1 fixed for any land under
this rognlation has been $ 60S. The ap
praisal value of the lands classified as
real lands and valued under the new and
old regulations is shown to be as follows :
4.303.021 , valued
! acres ' under the old regu
lations at $ . &H.32 an average of $ reg-
acre : and 5,86,70 acress classified and
valued under the new regulation at $394.-
203.242. or a total of 10.1CS.623 acres ' val-
ued at S471.S47.571.
For the year ending March 31 , 1909. 227
coal entries were made , embracing an
area of 3.31 acres , which sold for $653
020.4. For the year : ending March 31 ,
1910. there were 376 entries , embracing an
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area of - ' ,413 acres , which sold for C03/-
813 ; and down t August , 1910 , there. wero
but 17 entries , with an area of 1.72 acres ,
which sold for $ ,910.6 making a dispo
sition of the coal lands in the last two
years of about ro acres for $1.8,0.
Tho present already said ,
To congress , a
has separated the surface of coal lands ,
either classified or withdrawn for classi !
fication , from the coal beneath , BO as to
permit a all times homestead entries
upon the surface of lands useful for ag-
riculture and to reserve the ownership
in the coal to the government. The ques-
tion which remains to be considered is
whether 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 the absolute title in' the coal be-
neath the surface passes to the grantee
of the government. The price fixed Is
upon an estimated amount of the tons
of coal per acre beneath the surface , and
the prices axe fixed so that the earnings
will only be a reasonable profit upon the
amount paid and the investment neces-
sary. But , of course , this is more or less
guesswork , and the government parts
with the ownership of the coal In the
ground 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 billjons
are In the public domain. Of course , the oth-
er two thousand blllltns are within private
ownership and under no more control as
to the use or the prices at which the
coal may be sold than any other private
property. I the government leases the
coal lands and acts as any landlord
would , and imposes conditions in Its
leases like those which ara now Imposed
by the owners in fee of coal mines In the
various coal 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 easily be framed to enable It to
exercise a limited but effective control
In the disposition and sale of the coal to
the public. I has been urged that the
leasing system has never been adopted in
this country and 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 a 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 tho fact that
the government retains control as owner ,
I think there might be some liberality In
the amount leased , and that 2,50 acres
would not be too great a maximum.
By the opportunity to readjust the
terms upon which the coal shall be held
by the tenant , either at the end of each
lease or at periods during the 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
character of work to be done In the
mines , the government may control the
character of the development of the
mines and the treatment of employes with
reference to safety. By denying the
right to transfer the lease except by the
written permission of the governmental
authorities , i may withhold the needed
consent when it Is proposed to transfer
the leasehold to persons Interested in es-
tablishing a monopoly of coal production
In 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 made. The change Is In
the interest of conservation , and I a
glad to approve it.
Alaska Coal Lands.
The investigation of the geological sur-
vey show that the coal properties In
Alaska cover about 1,2 cquare miles ,
and that there are known to be available
about 15,0,0,0 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 Rt'e two fields on the
Pacific slope which can be reached by
railways at a reasonablo cost from deep
water-in one case about fifty miles snd
In the other case of about 160 miles
which will afford certainly 6,0,0,0
tons of coal , more than half of which Is
of a very high grade of bituminous and
of anthracite. I Is estimated to be worth ,
In the ground , one-half a cent a ton ,
which makes Its value per acre from $50
to $500. The coking-coal lands of Penn-
sylvania are worth from $800 to $2,0 an
acre , while other Appalachian fields are
worth from $10 to $386 an acre , and the
fields In the central states from $10 to
$2,0 an acre , and In the Rocky moun-
tains $10 to $500 an acre. The demand for
coal on the Pacific coast Is for about
4,50,0 tons a year. I would" encounter
the competition of cheap fuel oil , of
which the equivalent of 12,0,0 tons of
coal a year Is used there. I Is estimated
that the coal could be laid down at Se-
attle or San Francisco , a high-grade bi-
tuminous , at $ a ton and anthracite at
$ or t a ton. The price of coal on the
Pacific slope varies greatly from time to
time in the year and from year to year
from $ to $12 a ton. With a regular coal
supply established , the expert of the
geological survey , Mr. Brooks , who has
made a report on the subject , does not
think there would be an excessive profit
in the Alaska coal mining because the
price at which the coal could be sold
would be considerably lowered by compe-
tition from these fields and by the pres-
of crude fuel oil. The of
ence crde oi. history the
. laws affecting the disposition of Alaska
coal lands shows them to need amend-
ment badly.
On November 12 , 1903 , President Roose-
'al Issued an executive order with
drawing all coal lands from location and
entry in Alaska. On May 16 1907 , he
modified the order so as to permit valid
locations made prior to the withdrawal
on November 12 , 1906 , to proceed to entry
and patent. Prior to that date some 900
claims had been filed , most of them said
to be illegal because either made fraudu-
in the inter-
lently by dummy entrymen -
est of one individual or corporation , or
because of agreements made prior to lo
cation between the applicants to co-operate
in developing the lands. There are 33
claims for 160 acres each known a the
"Cunningham claims , " which are claimed
to be valid on the ground that they were
made by an attorney for 3 different
and bona fide claimants who
fde claimant , 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 office 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 had been
perfected and unite them in one com-
pany. The trend of decision seems to
chow that such an agreement would In-
validate the claims , although under the
subsequent law of May 28 , 1908 , the con-
solidation of such claims was permitted ,
after location and entry , in tracts of
2,560 acres. I would be , of course , im
proper for me to Intimate what the re-
sult of the issue as to the Cunningham
and other Alaska claims is likely to be ,
but i ought to be distinctly understood
that no private claims for Alaska coal
lands have as yet been allowed or per-
fected , and also that whatever the result
a to pending claims , the existing coal-
land laws of Alaska are most unsatisfac
tory and should be radically
radicaly amended.
To begin with , the purchase price of the
land is a fiat rate of $10 per acre , al -
though , as we have seen , the estimate of
the agent of the geological survey would
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carry up tho maximum of value to $300
an acre. In my judgment i Is essential
In the proper development of Alaska that
these coal lands should be opened , and
that the Pacific slope should bo given the
benefit of the comparatively cheap coal
of fine quality which can be furnished at
a reasonable price from these flelds ; but
the public , through the government ,
ought certainly to retain a wise control
and interest In these coal deposits , and I
think It may do so safely If congress will
authorize the granting of leases , as al-
ready suggested for government coal
lands In the United States , with provi-
sions forbidding the transfer of the
leases except with the consent of the
government , thus preventing their acqui
sition by a combination or monopoly and
upon limitations a to the area to b in-
cluded in any one lease to one Individual
and at a certain moderate rental with
royalties upon the coal mined propor
tioned to the market , value of the coal
either at Seattle or at San Francisco. Of
course such leases should contain condI-
tions requiring the erection of popr
plants , the 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 tho miners.
Oil and Gas Lands.
In tho last administration thero were
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 6,5 acres
were known to be vacant unappropria-
ted land ; 7,0 acres In Oregon and 174-
000 acres in Wyoming making a total of
nearly 4,0,0 acres. In September , 1909 ,
I directed that all public oil lands ,
whether then withdrawn or not should
be withheld from disposition pending con-
gressional action , for the reason that the
existing placer mining law although
made applicable to deposits of this char-
acter is not suitable to such lands , and
for the further reason that I seemed de
sirable to reserve certain fuel-oi deposits
for the use of the American navy. Ac-
cordingly the form of all existing : with
drawals was changed , and new with
drawals aggregating 2,75,0 acres were
made in Arizona , California , Colorado ,
New Mexico , Utah and Wyoming. Field
examinations during the year showed
that of the original withdrawals , 2,170-
000 acres were not valuable for oil , and
they were restored /or agricultural entry.
Meantime , other withdrawals of public
oil lands in these states were made so
that July 1 , 1910. the outstanding wIth-
drawals then amounted to 4,55)CO acres.
The needed oil and gas law is essential
ly a leasing law. In their natural occur-
rence , oil and gas cannot be measured In
terms of acres , like coal , and it follows
that exclusive title to these 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 In
acres of real estate. This is , of course ,
the reason for the practically universal
adoption of the leasing system wherever
oil land is In private ownership. The
government thus would not be entering
on an experiment , but simply putting
I Into effect a plan successfully operated In
I private contracts. Why should not the
government as a landowner deal directly
with the oil producer rather than through
the intervention of a middleman to whom
the government gives title to , the land ?
The principal underlying feature of
. such legislation should be the 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 reason 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 the same time insuring
the longest possible life to the oil SUJK
ply.
ply.One
One of the difficulties presented , espe-
cially in the California fields , Is that the
Southern Pacific railroad owns every
other section of land in the oil field ,
and In those fields the oil seems 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. Hence it is Im-
portant that i the government is to have
its share of the oil It should begin the
opening of wells on its own property.
I has been suggested , and I believe the
suggestion to be a sound one , that per-
mits be Issued to a prospector for a
giving him tho right to prospect for tw
years over a certain tract of government
land for the discovery of oil , the right to
be evidenced by a license for which he
pays a small sum. When the oil Is dis-
covered , then he acquires title to a cer
tain tract , much in the same way a he
would acquire title under a mining law.
Of course if the system of leasing is
adopted then he would be given the
benefit of a lease upon terms lk that
above suggested. What ha been said In
respect to oil applies also to government
gas lands.
Phosphate Lands.
Phosphorus Is one of the three essen
tials to plant growth , the other elements
being nitrogen and potash. Of these
three , phosphorus Is by all odds the
scarcest element in nature. I is easily
extracted In useful form from the phos-
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 , a well as
In South Carolina , Georgia and Tennes-
see. The government phosphate lands are
confined to Wyoming , Utah and Florida.
Prior to March 4 , 1909 , there were 4,0,0
acres withdrawn from agricultural entry
in the ground that the land covered phos-
phate rock. Since that time , 2,322,0 acres
of the land thus withdrawn was found
not to contain phosphate In profitable
quantities , while 1,6,0 acres was classi
fied properly as phosphate lands. During
this administration there has been with-
drawn and classified mo acres , so that
today there Is classified as phosphate rock
land 2,115,000 acres. This rock Is most
Important in the composition of fertilizers
to Improve the soil , and as the future 1
certain to create a enormous demand
throughout this country for fertilization ,
the value t the public of such deposits
a these can hardly be exaggerated. Cer-
tainly with respect to these deposits a
careful policy of conservation should be
followed. A law that would provide 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
coal , would seem to meet the need of
promoting the development of these de
posits and their utilization In the agri
cultural lands of the west. If It rs
thought desirable to discourage the expor
tation of phosphate rock and the saving
of It for our ow lands , this purpose
could be accomplished by conditions In
the lease granted by the government to
Its lessees. Of course under the consti
tution the government could not tax
and could not prohibit the exportation of
phosphate but as proprietor and owner
of the Mands In which the phosphate Is
deposited It could impose conditions upon
the kind of sales , whether foreign or do
mestic , which the lessees might make of
the phosphate mined.
Water-Power Sites.
Prior to March 4 , 1909 , there had been ,
on the recommendation of the reclama-
tion service , withdrawn from agricultural
entry , because they were regarded a
useful for water-power sites which ought
not to be disposed of as agricultral lands ,
tracts amounting to about four million
acres. The withdrawals were hastily
made and Included a great deal of land
that was not useful for power sites.
They were intended to include the power
sitea on 2 rtvere i nine states. S1
.
S . ; . ' , r. .
I
,
that time , I7,4t acres have been rJ
stored for settlement of the original four I
million , because they do not contain pow- I
or sites ; and meantime there have bee"
newly withdrawn 1.245.S92 acres on vacant ,
public land and 211,007 acres on entered
public land , or a total of 1.-56.s acres.
These withdrawals made from Umo to
time cover ail the power sites included'
In the first withdrawals , and many moro
on 135 rivers and in 1 states. The dispo-
sition of these power sites Involves one-
of the most difficult questions presented
in carrying out practical conservation.
The statute of 1891 with its amendment
permits the secretary of the interior to
grant perpetual easements or rights of.
way from water sources over public
lands for the primary purpose of Irriga
tion and such electrical current n may
be Incidentally developed but no grant
can be made under this statute to con-
cerns whose primary purpose Is gener-
ating and handling electricity. The stat
ute of 1901 authorizes the secretary * of
the Interior to Issue revocable permits
over the public lands to electrical power
companies , but this statute Is woefully In-
adequate because it docs 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 J
.
at will.
I Is the plain duty of the government
to aee to It that In the utilization and de-
velopment of all this Immense amount
of water power conditions shall be Im
posed that will prevent monopoly and
will prevent extortionate charges , which
are the accompaniment of monopoly. The
difficulty of adjusting the matter Is ac- -
centuated by the relation of tho power-
sites to the water , the fall and flow of
which create the power. In the states
where these sites are , the riparian own
er does not control or own the power In
the water which flows past 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 water Is to be conveyed
In order to make the power useful gives
to Its owner an advantage and a certain
kind of control over the use of the water
power , and It is 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 , and Impose conditions on the
leasehold with reference to the reason-
ableness of the rates at which the power.
when transmuted Is to be furnished to
the public , and forbidding the union of
the particular power with a combination
of others made the of
for purpose monop-
oly by forbidding assignment of the
lease save by consent of the government.
Serious difficulties are anticipated bY
some In such an 'attempt on the part of
the general government , because of tho
sovereign control of the st'tP over the
water power In Its natural condition , and
the mere proprietorship of the govern
ment in the riparian Lands. I is con-
tended that through its mere proprietary
rifjht In the site , cho central government
has no power to attempt to exorcise po
lice jurisdiction with reference to how
the water power in a river owned and
controlled by the state shall be used and
that it is a violation of the state's rights.
I question the validity of this objection.
The ' condi
government may Impose any cOnH-
tions that it chooses In its leaa of Its
own property , even though It may have
the same purpose , and In effect accom
plish just what the state would accom
plish [ by ' the exercise of Its sovereignty.
There are those ( and the director of the
geological survey , Mr. Smith , who has
given a great deal of attention to this
matter , Is oae of them ) who Insist that
this matter of transmuting water power
into electricity ! , wbich can be cQnycj j ' .
fclr f\'er the country and across state
[ lines , is a matter that ought to be re-
tained by tho general government , and
that It should avail Itself of the owner-
ship of these power sites for th ' i very
purpose of co-ordinating in one geniral
plan the power generated from these
government owned sites. 1
Arguments Against Idea.
On the other hand , i Is contended that
It would relieve a complicated situation
If the control of the water-power site
and the control of the water were vested
in the same sovereignty and ownership ,
viz. , the states , and then were disposed
of for development to private lessees un
der the restrictions needed to preserve
the interests of the public from the extor-
, dons and abuses of monopoly. Therefore
bills have been introduced In congress
providing that whenever the state au
thorities deem water power useful tl ey
may apply to the government of the
United States for a grant to the state
of the adjacent land for a water-power
site , and that this grant from the fed-
eral government to the state shall con-
tain a condition that the state shall
never part with the title to the water-
power site or the water power , but shall
lease it only for' a term of years not ex-
ceeding fifty , with provisions in tha
lease by which the rental and the rates
for which the power is furnished to the
public shall b readjusted at periods less
than the term of the lease , say , every ten
years. The argument is urged against
this disposition of power sites that legis
lators and state authorities are more sub-
ject to corporate influence and control
than would be the central government ; In
reply i is claimed that a readjustment
of the terms of leasehold every ten years .
would secure to the public and the state
Just and equitable terms. 1
I do not express an opinion upon the J
controversy thus made or a preference J
a 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 plans be adopted.
I have referred to the course of the last
administration and of the present one In
making withdrawals of government lands
from entry under homestead and other
laws and of congress in removing all
doubt a to the validity of these with
drawals In the direction
as a great step directon
of conservation. But it Is
practical conseraton. only
one of two necessary steps to effect what
should be our purpose. I has produced
a status quo and prevented waste and ir-
revocable disposition of to lands until
the method for their proper disposition
be formulated. But it Is of the
can b formulated ut
most Importance that such withdrawals .
should not be regarded as the final step
in the course of conser.aton. and that
the idea should not be allowed to spread
that conservation Is the tying up of the
natural resources of the government for
indefinite withholding from use and the-
remission to remote generations to decide *
what ought to be done with these means .
of promoting present general human com-
fort and progress. For , if so , it Is certain
to arouse the greatest opposition to con-
servation a a cause , and l It were a'
correct expression of the purpose of con-
servationists i ought to arouse this op
position. As I have said elsewhere the
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
ings should be stored only for unborn
generations
I beg of you , therefore. In your delib
erations and in your Informal discussions
when men come forward to suggest evils
that the promotion of conservation I to
remedy , that you Invite them to point
out the specific evils and the specific
remedies ; that you Invite them to coma
down t ( details fn order that their discus-
sions may flow Into chanels that shall be
useful rather than into periods that shall
be eloquent and entertaining , without
shedding real light on the subject. The
people should b shown exactly what Is.
needed In order that they make their
representatives in congress and the stag
legislature do their intelligent bidding.
.
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