FOREST LANDS FOE THE PROTECTION OF WATERSHEDS. 23 



Then, in regard to the question of the form of mountains. I believe 

 that matter is thoroughly discussed in the proceedings of the con- 

 servation commission, which will be available to you, and, as I under- 

 stand this bill, it is a flexible bill, by which whatever portion of land 

 that would be necessary might be taken, and in some instances it 

 might be the extreme tops of the mountains and in others the inter- 

 mediate slopes. 



The CHAIRMAN. Governor, it is true, as you say, that the bill which 

 was passed by the Senate is a flexible bill, and yet the reports which 

 have come from the Forestry Bureau, and practically all of the argu- 

 ments which have been made before this committee, have urged that 

 it is the upper slopes of the mountains that need to be protected, 

 leaving the inference, of course, that the lower slopes, which are now 

 cleared off for farming, are not necessary to the success of this project. 

 It rather seems to me, therefore, that if the fact should be developed 

 that it is the 'lower slopes and not the upper slopes that are important 

 to the project, our confidence in the judgment of those to whom we 

 have looked for guidance in this matter must be severely shaken; and 

 furthermore, if it should be developed that it is the lower slopes and 

 not the upper slopes that must be safeguarded, it will be at once 

 conceded that the cost of the project will be enormously increased. 

 We have been urged to pass this measure upon the theory that be- 

 cause it is the inaccessible upper slopes that are needed we can get 

 them cheaply, but we know that if it should prove to be the acces- 

 sible lower slopes that are necessary, those can not be gotten cheaply, 

 and, you see, it makes a vast difference. 



Governor GUILD. I quite understand. 



The CHAIRMAN. That was the point of my inquiry. 



Governor GUILD. I quite understand it, sir, and it was a fair in- 

 quiry, unquestionably; but the point I wished to establish was, that it 

 is practically impossible, as I understand it, to establish an absolutely 

 hard and fast rule that in no cases must lower slopes be taken. 

 Furthermore, one other point I wished to put in was in regard to the 

 constitutionality which was put here, that eight Southern States and 

 two Northern States, Maine and New Hampshire, have already passed 

 enabling acts in regard to the right of eminent domain, by which the 

 State practically invites the National Government to come into those 

 States and exercise that right for the purpose of forest reserve. 



Mr. POLLARD. Now, Governor, if that is the case, and there is a 

 general disposition among the States that are covered by these moun- 

 tain regions in question, why is it not just as feasible for the Govern- 

 ment to come in and cooperate with those States and exercise the right 

 of supervision instead of purchasing the land? 



Governor GUILD. I would state that the governor of California, 

 who has had some practical experience on just that point, will answer 

 that question later. 



Mr. POLLARD. It seems to me if we would have a cooperative ar- 

 rangement between the Government and the States, or desire to co- 

 operate, we might find a solution in that way and not purchase the 

 land. 



Governor GUILD. The first part of your proposition I think I have 

 already answered, or at least I have tried to, by saying that the States 

 are perfectly willing to cooperate, and are cooperating, and in our 

 Commonwealth of Massachusetts, for example, where we are asking 



