12 



AMERICAN FORESTRY 



an advantage which they will not be 

 slow to use. 



Finally — swamps. There are swampy 

 spots and swampy creek bottoms in 

 every woodlot and the best treatment 

 I know is to drain the one and dam the 

 other. A lake is just as beautiful two 

 feet deep as twenty, and it will add im- 

 measurably to the beauty of your forest. 

 Before building your dam run a contour 

 line at the lake level and see just where 

 your backwater is going to come, also 

 noting your high spots that will later 

 become islands. All the trees that will 

 have their stumps submerged within 

 these boundaries will have to be taken 

 out as they will surely die and will be 

 infinitely harder to take out when sur- 

 rounded by water than before the dam 

 is built. The ones that will thrive on 

 your islands and along the borders will 



be red maple, pin oak, swamp white oak, 

 bitternut hickory, black willow, white 

 pine, tamarack, wdiite cedar, red cedar, 

 sour gum, white oak (if not too wet)^ 

 black birch, hornbeam, and black spruce. 

 With these and innumerable waterlov- 

 ing bushes to choose from you are in a 

 fair way to astonish yourself with your 

 island and lake border effects ! 



Having transformed your woodlot 

 into a notable forest we will need all 

 our knowledge backed by our bird and 

 insect allies to defend your pet vistas 

 against the attacks of insects, fungus, 

 and fire. I hope to present you a paper 

 containing some ideas along these lines 

 in the future, but at present we must 

 hurry on to the foresting of the stony 

 pasture. 



( To be Continued.) 



FEDERAL POWER SUPREME ON FEDERAL LANDS 



THE contention of the Govern- 

 ment that power companies can 

 not secure rights of way across 

 national forests without com- 

 plying with the regulations of the Sec- 

 retary of Agriculture has been com- 

 pletely sustained, according to the offi- 

 cers of the Forest Service, by the opin- 

 ion of the Circuit Court of Appeals filed 

 on November 14 in the case of the 

 United States versus the Utah Power 

 and Light Company. 



In its decision, the court announces 

 that Congress has assumed complete 

 control of the waterpower question, so 

 far as the public lands are affected, and 

 that a State in the exercise of its sov- 

 ereign authority can not interfere with 

 or transcend this constitutional power 

 of Congress. 



Since December 15, 1900, the Utah 

 Power and Light Company has operated 

 its hydro-electric power works on cer- 

 tain public lands in the State of Utah 

 now forming a part of the Cache Na- 

 tional Forest, and the United States 

 sought to enjoin this occupancy until the 



company should comply with the pro- 

 visions of the Act of May 14, 1896. 

 The power company alleged that its 

 rights were secured and protected by 

 the Act of July 26, 1866, now Section 

 2339 of the Revised Statutes. 



The decision holds that the Act of 

 May 14, 1896, empowering the Secre- 

 tary of the Interior to permit, under 

 general regulations to be fixed by him, 

 the use of, or rights of way upon, the 

 public lands and national forest reserva- 

 tions for the purpose of generating, 

 manufacturing, and distributing electric 

 energy, repeals the Act of July 26, 1866, 

 insofar as it related to the subject of 

 generating and distributing electric 

 power and that the company must ac- 

 quire its rights of way in accordance 

 with the privisions of the later act. 



The court denies the company's con- 

 tention that it was protected in its ten- 

 ure because that tenure was authorized 

 by the laws of the State of Utah, exer- 

 cising sovereign and exclusive jurisdic- 

 tion with respect thereto. 



// is predicted that zvrstcru yellow pine will funiisli an excellent source of turpentine 

 as the southern pine becomes exhausted. 



