fHon. Hoke Smith, Governor of^Georgia 



power to acquire lands within a state, 

 solely for forest reserves ; but under 

 its constitutional power over naviga- 

 tion, the Federal Government may ap- 

 propriate for the purchase of lands and 

 forest reserves in a state, provided it is 

 made clearly to appear that such lands 

 and forest reserves have a direct and 

 substantial connection with the conser- 

 vation and improvement of the naviga- 

 bility of a river, actually navigable in 

 whole or in part ; and any appropriation 

 made therefor is limited to that pur- 

 pose." The committee decided that the 

 pending bills, not being limited to the 

 256 



aforesaid purposes, were unconstitu- 

 tional. 



This opinion, whatever may be said 

 of its legal value or of its statesman- 

 ship, made it necessary to w'ork along 

 the lines of protection of navigable 

 streams to secure immediate practical 

 results. Fortunately this could be done, 

 as nearly all the needed lands were on 

 the watersheds of such streams, and 

 this protection had always been an im- 

 portant object in view. The Senate 

 bill was modified in its form to meet 

 the judiciary committee's opinion, wa^ 

 passed by the Senate in the closing days 



