382 AMERICAN FORESTRY 



In the case of one tract, Tract A, the mineral rights had been reserved 

 not by the present owners, but by former owners, and apparently the reser- 

 vations were made and appear to be entirely without restrictions as to how 

 the mining is to be carried on or the minerals removed. In such a case it 

 would be apparently impossible to adequately protect the forest. Should the 

 government purchase the land the Weeks law specifically provides that in 

 every case the rules and regulations under which the mining and removal 

 of such minerals shall be done shall be expressed in the instrument of 

 conveyance and thereafter the mining and removal of the minerals so reserved 

 shall be done only under and in obedience to the rules and regulations so 

 expressed. Of course, it is impossible to apply the provisions of the law 

 regarding these restrictions where the reservations were made years ago and 

 are simply carried over in the present deeds. It seemed to the Commission 

 that the effect of such reservation should be reported upon by the Attorney 

 General before any action should be taken. 



In another case Tract B, where it was proposed to purchase the land, 

 with' the timber standing thereon reserved to the owner under a contract 

 to run 20 years or more, the question arose as to the specific agreement to 

 be entered into with the company for the cutting of this timber and for the 

 protection of the land and young growth against fire. 



All these matters called for further investigation and for negotiations. 

 Until this can be done the Commission may not think it best to take any 

 action. This should not, however, take very long. 



Representatives Hawley and Gordon Lee, accompanied by Mr. William W. 

 Ashe, of the Forest Service, after the meeting on June 19th, made a trip 

 to Georgia especially to investigate the deeds and titles involved in that tract. 

 They will make their report to the Commission after this magazine goes to 

 press, for the Commission is to meet again on Monday, the 26th of June, 

 to see if any action to use any portion of the two million dollars' appropriation 

 to purchase any lands approved both by the Forest Service and the Geological 

 Survey can be taken before the end of the fiscal year. 



^Tien it became evident because of the delay of Director Smith that only 

 a very small part of this two million dollars could be used before the end 

 of this fiscal year, three resolutions were introduced into Congress one by 

 Rei)resentative Austin of Tennessee, one by Representative Weeks of Massa- 

 chusetts, and one by Senator Gallinger of New Hampshire providing that 

 the unused portion of the appropriation remaining in the Treasury of the 

 United States should be placed to the credit of the National Forest Reserva- 

 tion Commission for use within the ten years of its official existence. This 

 session of Congress is, of course, not concerned with appropriation bills and 

 the Democratic caucus has ordered that no bills involving appropriations 

 should be reported out of committee this session. The fate of these three bills 

 is evident. Whether or not the next Congress will take the desired action 

 remains to be seen. 



Within the short time between the passage of the Weeks bill in February 

 and the end of the fiscal year in June, every effort has been made by the 

 Forest Service to proceed with the acquisition of lands. A very efficient 

 organization was ready for action as soon as the bill became law and has 

 done its part. All the men possible were put into the field to make surveys 

 and examinations. They worked night and day with their characteristic zeal 

 to carry out the letter and spirit of the law. The same cannot be said of the 

 Geological Survey, which has apparently regarded itself as clothed by the 

 law with ])ower without obligation. 



Summed up, the situation is as follows : It is very doubtful if the Georgia 

 tract and the Tennessee tract together comprising 90,000 acres and approved 



