anaheim-gazette 1909-08-19

IS THIS A GOOD BILL OR NOT? MR. SMITH'S MEASURE AFFECTING PUBLIC POWER RIGHTS Alming to Settle Conflict of Jurisdiction Between State and Federal Authority, Turns Over Valuable Rights to Several States. Congressman Smith of this district has introduced a bill in Congress, which we publish herewith, and which has excited considerable comment in the state. It transfers to the several states valuable water rights, power and reservoir sites now vested in the federal government. The proposed law meets with considerable opposition, but in certain quarters finds favor. It reads as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the use of any unappropriated public land not included in national parks, Indian and military reservations, necessary for the construction, maintenance, and operation of works for storing and conveying water for irrigation, mining, manufacturing, domestic or municipal use, the generation of power, and for transmission of power over, upon, or under the surface of such land, with convenient telegraph and telephone lines, is hereby granted to the several states wherein the land affected is situated, in trust for the benefit of the people of said states, respectively, subject to the conditions herein provided. This easement shall extend to the land occupied by the water of any reservoir and of the canals or conduits of all necessary or convenient types and fifty feet on each side of the marginal limits there gone through the simple formula required to secure a water right—generally all that is required is to post a notice of claim or appropriation on the bank of the stream at the point of proposed diversion and then record the notice at the county seat—and forthwith they were in possession of rights which they could capitalize at millions of dollars. This process has proceeded until, alas, practically all of the water rights at available power sites have been acquired; could the states now recall these valuable privileges there is little doubt that in granting them again, conditions would be imposed which would bring them more power over the users and secure a substantial revenue therefrom. By the act of February 15, 1901,the free right of way for water conduits was changed to a "use permit" or revocable license, application therefor to be approved by some executive secretary or bureau chief before becoming effective; and of recent years the practice has been to withhold approval, to give it to whichever one of several applicants it pleased the officer to favor, or to grant it on such conditions as he was pleased to impose. Some permits have been revoked while construction work was under way, and one at least, I am informed, has been revoked after an expensive hydroelectric plant was completed and in operation; and irrigation has been prevented and home-building retarded. This element of uncertainty of tenure, I need not argue, ought not to continue. Invested capital should not rest on such an insecure foundation. The purpose of House Bill 1192 is to pass the right of way over to the states, they to treat it as an indispensable adjunct of the water right, the expectation being that the states will grant permanent easements or li- der the surface of such land, with convenient telegraph and telephone lines, is hereby granted to the several states wherein the land affected is situated, in trust for the benefit of the people of said states, respectively, subject to the conditions herein provided. This easement shall extend to the land occupied by the water of any reservoir and of the canals or conduits of all necessary or convenient types and fifty feet on each side of the marginal limits thereof; to the land occupied by power stations and substations and one hundred feet on each side thereof; to transmission telegraph and telephone lines and fifty feet on each side of the center line thereof; also to the right to take from the public lands adjacent to the lands herein specified earth, stone, and materials (except timber) necessary for the construction of said works. Sec. 2. That the several states may, by appropriate legislation, provide for the use and enjoyment of said easements by persons, companies, or corporations, upon terms prescribed by the states, respectively. Sec. 3. That a state desiring a avail itself of the terms of this statute shall present to the Secretary of the Interior an application for the particular lands desired, accompanied by appropriate maps, the name of the person, company, or corporation that is to enjoy the use of the easement, and a full statement of the terms and conditions upon which said easement is to be enjoyed by the state's grantee or licensee. If the land sought is not required by the Government of the United States for any public purpose (other than for a forest reserve) the application shall be filed by the Secretary of the Interior, and thereupon the grant herein shall become effective: Provided, That changes in the route of a conduit or transmission line or the location of a power station or substation may be made by a proceeding as in the first instance, and upon the filing of the new selection the portion abandoned shall revert to the Government and be relieved of the easement hereby granted: Provided further, That timber taken from said land herein conveyed shall be paid for according to the reasonable value thereof; and parties constructing and operating works within a national forest shall comply with the regulations prescribed by the Secretary of Agriculture has been prevented and home-building retarded. This element of uncertainty of tenure, I need not argue, ought not to continue. Invested capital should not rest on such an insecure foundation. The purpose of House Bill 1192 is to pass the right of way over to the states, they to treat it as an indispensable adjunct of the water right, the expectation being that the states will grant permanent easements or licenses, and also that they will, with their added knowledge, impose such conditions to this grant as they might and should have laid on the grant of the water right. The latter, it will be readily seen, is the more important consideration of the two. The states have unwisely given away the major factor of a concession of very great value; if they be now clothed with full jurisdiction over the other factor, the right of way, it will aid them greatly in recouping their lost opportunity in connection with the water right. It will readily be observed that a water right is of little avail without a right of way for the conduit, etc.; and conversely, the easement over the land is of no value unless the holder thereof has water to convey over it. There is another factor of some moment involved in this question. It is settled that the states have certain powers over the appropriators of water and may to a degree regulate the service and the rates charged, the use of the water being considered a public service. Now come some at least of the federal officials who have the power of approval or rejection of a right of way and assert that they should and will retain a supervisory power over the permittees as a condition of the approval of the right of way. It is admitted, I believe, that this power in the federal officer, if it exists, is contractual and not an act of sovereignty. But nevertheless the dual right of supervision is claimed, and of course that cannot be tolerated. Both the state and a federal official cannot make rates for the same company at the same time, nor can both acting independently make regulations as to the character of the service. Sooner or later one or the other must be given exclusive authority, and one of the purposes of this bill is to settle that point in favor of the states. It is to be observed that the power claimed by the federal officials in this direction is not first instance, and upon the filing of the new selection the portion abandoned shall revert to the Government and be relieved of the easement hereby granted: Provided further, That timber taken from said land herein conveyed shall be paid for according to the reasonable value thereof; and parties constructing and operation works within a national forest shall comply with the regulations prescribed by the Secretary of Agriculture as to preventing or extinguishing fires on said land. Sec. 4. That nothing herein contained shall prevent the alteration, amendment, or repeal of this Act. By an act of Congress, approved July 26, 1866, Congress turned over to the states public land for the benefit of the people thereof the free use of the waters flowing in non-navigable streams, and at the same time granted a free right of way over the public domain for all ditches, flumes and canals, this easement to go to the person or company authorized by the state to appropriate and use the water. The water is still subject to disposal by the states, and uniformly has been subject to appropriation and use by individuals and companies without money and without price. The only condition imposed is that it should immediately and continuously be devoted to a beneficial purpose. There has been no complaint at such free-handed disposal of these water rights in so far as they were intended for use in aid of agriculture and mining. But since the great value of these privileges for the generation of electric power has been seen, it has been the source of much regret by the states that terms more favorable to the commonwealth at large had not been imposed as conditions precedent to the acquisition of the water rights. In scores if not hundreds of instances, individuals have ANAHEIM GAZETTE and with or without stated cause. The states, on the other hand, exercise their supervisory powers as one of the functions of sovereignty. Since one of these conflicting powers must give way, can there be any question as to which one it should be? Will the states be asked to abdicate one of their inherent powers and duties in favor of an executive officer having only contractual powers? To state such a proposition is to answer it. It is submitted that the bill referred to will effectually and finally settle this question of jurisdiction, and at the same time strengthen the hand of the states in dealing with these very important and valuable concessions. It is proper to state in this connection that the present Secretary of the Interior has not yet been called upon to act in these matters and nothing contained in the foregoing has any reference to his attitude in the premises. Commenting upon the bill the California Weekly says: Elsewhere in this issue we print in full the bill which Representative S. C. Smith introduced in the House with the purpose of transferring jurisdiction over rights of way, power and reservoir sites, on all government lands except national parks and military and Indian reservations, to the several states to be used for industrial purposes. We accompany this bill with his brief in its favor for the further information of the reader. A bill lacks very much of being a law, but an incongruous condition exists and something is likely to be done about it sooner or later. It is imperative that the right thing, and not the wrong one, be done. Has Mr. Smith proposed the right thing? We think not. The states in which are located the greatest possibilities of hydraulic electric State represented by pictures that constitute important lessons in themselves. Thus the frontispiece is the Atlantic Fleet entering San Francisco harbor. The supplement is designed to inspire the school boy and school girl with a lasting pride in California. The circular reads as follows: To All California Boards of Education, School Superintendents, and Book Dealers: Gentlemen: The price of the new State Series Advanced Geography will be as follows: Cost fob railroad, boat or express, at Sacramento, 73 cents. Postage per book (included in mailing price), 22 cents. By mail, 95 cents. Price to pupils from book dealers, 95 cents. Orders will be filled as rapidly as possible in the order in which they reach this office. New order blanks, Form 101, are herewith furnished the book dealers. Please destroy all former blanks. Please note that the use of the new Advanced Geography in the public schools of the State will not be mandatory before the fall of 1910, except in case county boards of education adopt and require its use before that date. In fact, a number of the county education boards already are directing that the new Advanced Geography be used by beginning classes, but are not requiring classes already provided with the former book to purchase the new one. Book dealers should confer with their county superintendents before ordering the new Advanced Geography. The attention of superintendents of schools is called to Subdivision 1 of Section 1874 of the Political Code, which provides for the distribution of one copy of the above material. GOATS AS TRAIL MAKERS The brush eating instinct of Angora goat is being successfully monstrated on the Lassen National Forest in California where they cutting trails for fire guards through the brushy areas on the slopes of the mountains. The animals, with number 3000 have been divided into two bands and under the care of herders are grazed within certain well defined areas so that their wag may be concentrated on the bushes within these limits. The result that they have practically killed nearly all the brush in the course elk by eating it up entirely, or by bering, as in the case of the heavy manzanita bushes. At the beginning of the experiment there was some delay as to the goats' willingness to eat manzanita, but it has been found where there is little else they just as readily attack it as any other bushes. The grazing season was so this year on the Lassen Forest that the goats did not begin operations till about the middle of June, but then they have made rapid progress and the result promises to be a success from every point of view. Trails will first be opened and kept free of sprouts by the goats saving the government consider labor in cutting them out by hand has been done heretofore, while brushy forage which otherwise would have been wasted will support goats very comfortably. We accompany this bill with his brief in its favor for the further information of the reader. A bill lacks very much of being a law, but an incongruous condition exists and something is likely to be done about it sooner or later. It is imperative that the right thing, and not the wrong one, be done. Has Mr. Smith proposed the right thing? We think not. The states in which are located the greatest possibilities of hydro-electric development are those wherein are located the bulk of government lands and national forest reservations. Those states, with scarcely an exception, are politically in the hands of the predatory interests. The status of California is fairly typical. It is a political dependency of the Harriman interests and those interests can command such legislation as they desire and such interpretation of that legislation by the courts as seemeth to them good. Relinquish these powers to the states and the "tail will go with the hide," so far as the public control of water powers is concerned. They will be alienated in perpetuity. With a Ballinger as Secretary of the Interior, the public may not fare better with these matters in national control, but we cannot fare worse. These tremendous interests must not be at the mercy of the whim or caprice of a Ballinger or even of a Garfield or a Pinchot, and a way will be found for reducing control of privileges of vast value and public importance to certainty and justice. The public weal demands the largest liberty of action on the part of private and associate enterprise consistent with public safety, but somewhere there must be a reserve power to preextortion, or the ownership of these great utilities will ultimately involve a more oppressive exploitation of the masses than has ever yet been accomplished through tariffs, transportation charges, Standard Oil, the sugar and meat trusts, combined. Mr. Smith's remedy would be good if the state could be trusted. It cannot. COST OF NEW GEOGRAPHY Letter from State School Superintendent of Interest to Parents and Others Office Superintendent Public In- directing that the new Advanced Geography be used by beginning classes, but are not requiring classes already provided with the former book to purchase the new one. Book dealers should confer with their county superintendents before ordering the new Advanced Geography. The attention of superintendents of schools is called to Subdivision 1 of Section 1874 of the Political Code, which provides for the distribution of one copy of the above-named book to each public school district library within each county and city. Note the change found in the last three lines of the subdivision quoted above, relative to drawing an order on the unapportioned county school fund in payment for such books. It is not necessary to write to this office for such books; they may be purchased from dealers, if more convenient. When the new Brief History, which is to take the place of the Grammar School History, is ready, ample notification will be given you. This will not be for several months yet. Please note that the Introductory History will continue in use along with the other books which have not been changed. It is the Grammar School History that is exhausted. Very truly yours, Edward Hyatt, Superintendent of Public Instruction. "BACK TO THE LAND" That people are anxious for farms and willing to make the effort to get them is well illustrated by what took place at Spokane Monday and Thursday, for the Government supervised the drawing for homesteads on the Coeur d'Alene and other reservations just opened to entry. There are only about 750 homesteads in the first named tract of land that Uncle Sam is opening up, but for this the enormous number of 105,000 applications have been filed, and the government arranged a drawing by which every one of the 105,000 people have an equal chance at the land. For some time this plan has been followed, where small reserves were being opened, as it seems the fairest way and the only one to prevent the charge of favoritism. For several weeks, at the Spokane land office registration had been in progress, it being the privilege of any man or woman who has not once before exercised the homestead right, to register and thus have a chance at the lands. If one COST OF NEW GEOGRAPHY Letter from State School Superintendent of Interest to Parents and Others Office Superintendent Public Instruction. Sacramento, August 10, 1909. Editor Gazette.—I take pleasure in handing herewith to you a copy of our circular relating to the new State Series Advanced Geography. In addition to boards of education, school superintendents and book dealers, to whom it is addressed, it will also be of interest to school principals, trustees, teachers and parents. This new geography will cost the children of California 95 cents, which is 25 cents less than the old book. It is only by making new contracts that the cost of school books can be lowered. By making the change the royalty was reduced from 28 to 15 cents. That means a saving of approximately $75,000 during the life of the contract. And the book will not be changed for at least 8 years. Thus the State not only reduces the price of the geography but gives its school children a first class, modern textbook, well bound, clearly printed, most generously illustrated and written in the light of the best educational methods of the day. The maps are simple, especial prominence being given to important places. The shape of the book has been changed, reducing the size of the pages and increasing their number, thus making a more convenient volume to handle. One of the best features of the book is the California Supplement of 100 pages, with every section of the one of the 105,000 people have an equal chance at the land. For some time this plan has been followed, where small reserves were being opened, as it seems the fairest way and the only one to prevent the charge of favoritism. For several weeks, at the Spokane land office registration had been in progress, it being the privilege of any man or woman who has not once before exercised the homestead right, to register and thus have a chance at the lands. If one wins, he may not sell the right to somebody else, and if he does not use it himself, the right passes to the next number drawn below him. This eliminates speculators. The nearest approach to it is that one may prove up and get title to his land within 14 months, and then sell. And so valuable are some of the choice lands in the Coeur d'Alene reservation, that it is publicly announced that $30,000 is a standing offer 14 months hence for the title to the choicest 10 acres. Three reserves are thrown open in the northwest at about the same time none of them large, but all of them of very choice land. The Flathead reservation will afford something like 3000 homesteads, and the Spokane reserve 250. The drawing for the Flathead reserve lands takes place Thursday and Friday, and for the Spokane lands next Monday. By means of these homesteads for about 4000 people will be awarded. And that they are in demand is in evidence by the fact that for one of them 105,000 people registered, and doubtless many of these registered at other agencies, as that was permissable.—San Bernardino Sun. Get your berry crates, chili pepper crates, bell pepper crates, sweet potato crates, etc., at the California Folding Crate Co. Our First Great Vehicle Clearance Sale Stylish Leather Trimmed Panel Seat Runabout, at Only $55.25 Leather Trimmed Canopy Top Surrey, at only $80.00 Regular price and sale price marked in plain figures. Wickersheim Implement Co., Fullerton, California. Coronado Tent City Just across the Bay from San Diego A village of Palm Tent Houses and House Tents on Coronado Peninsula. The cool sea breeze is constant. Sailing, bathing, good fishing, delightful little side trips, such as to La Jolla, the place of the mysterious sea caves and Tent City Just across the Bay from San Diego A village of Palm Tent Houses and House Tents on Coronado Peninsula. The cool sea breeze is constant. Salling, bathing, good fishing, delightful little side trips, such as to La Jolla, the place of the mysterious sea caves and to Tia Juana, Old Mexico. The Large open air, shallow water pool is a constant enjoyment for children. 450 Round On sale daily Trip Limit Sept. 30 You may stop over at Oceanside and Delmar on your way. For details just phone or call on J. H. CLABAUGH, agt. Santa Fe FOR Superior Printing The Gazette Office Is Unexcelled. All Kinds of Printing at Shortest Notice. Briefs, Transcripts, Book and Commercial Work. Give Us a Trial. Prices are Right. 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