1908 



EDITORIAL 



183 



a length of time sufficient to allow 

 them to conduct their business profit- 

 ably. A reasonable charge should of 

 course be made for valuable rights and 

 privileges which they obtain from the 

 National Government. The values for 

 which this charge is made will ulti- 

 mately, through the natural growth 

 and orderly development of our popu- 

 lation and industries, reach enormous 

 amounts. A fair share of the increase 

 should be safeguarded for the benefit 

 of the people, from whose labor it 

 springs. The proceeds thus secured, 

 after the cost of administration and 

 improvement has been met, should 

 naturally be devoted to the develop- 

 ment of our inland waterway-." 



The bills to which, pre- 

 Designaticns sumably, reference is 



above made are as fol- 

 lows, the letter following each num- 

 ber being introduced for convenience 

 in reference in this editorial : H. R. 



2i2(A),H.R. 3907 (B),S. 435 (C), 

 S. 2661 (D), H. R. 11356 (E), H. R. 

 12887 (F), S. 4060 (G), H. R. 17306 



(H), S.4I79 (I)- 



Some or all of these bills would 

 operate, if enacted, as modification of 

 the Act of February 15, 1901 (31 

 Stat, 7<;o). By this, the Secretary of 

 the Interior is authorized and empow- 

 ered to grant licenses within the Na- 

 tional Forests, provided these be not 

 incompatible with the public interest. 

 Further, these licenses are revocable 

 by the Secretary of the Interior (now, 

 so far as the National Forests are con- 

 cerned, the Secretary of Agriculture) 

 in his discretion. Further, it is ex- 

 pressly provided that these licenses 

 "-hall not be held to confer any right, 

 or easement, or interest in, to or over 

 any public land, reservation or park." 



These limitations are evidently irk- 

 Si une to certain great concerns desir- 

 ing free access to the public property 

 known as National Forest-. Several of 

 these bills grant easements and rights 

 of wav. as the following quotations 

 -h' >w : 



Perpetual ' uK;> " lhat 



Privileges 



and ri-ht- of w;. 



hereby -ranted ir the o Mi-tructi. MI. 

 u-e, maintenance and operation 

 roads and highway-, canal-, ditch' 

 reservoirs, telephone and t. -1. -graph 

 line-, and lines for tin- transmission 

 electric light and power within and 

 through the various forest n 

 The bill further provide-, it i- true. 

 that these ea-emeiU- and riidit- c.|" uay 

 are granted "under such rule- and 

 regulations as the Secretary </f Agri- 

 culture shall prescribe;" but it will be 

 observed that, when granted, they . 

 "permanent." 



Bill B provides likewise for the 

 granting of "rights of way through 

 the public lands and reservations, ex- 

 cepting lands reserved for military or 

 naval purposes or for National ceme- 

 teries." 



Bill C grants "rights of way i <r the 

 construction of highway- over public 

 lands and lands included in forest re- 

 serves, not otherwise reserved for 

 public use." Bills D, E, F and G c 

 tain similar provisions. Bill D p- 

 vides "that any of the persons or c 

 porations referred to "may construe. 

 and maintain all necessary roads and 

 trails over any of the lands referred 

 to," though such roads and trail^ ma\ 

 also be used by the Government and 

 the public. Bill E contains the -ame 

 provision. 



Those who recall til- 

 Flooding tempt of certain com- 

 panies ' by 

 legislation, from the State >f New 

 York, at the la ion of the le- 

 lature of that Commonwealth, the 

 right to flood large areas of tl: 

 inMidacks. and the Storm f pr<>: 

 raised thereby, will read with inter, 

 in Bill I'., that this measures car- 

 with it "the right tn suhn nd 

 flood such a- ly as may be ne, 

 ry to impound the water in such 

 rvoirs." Bill I* conve; "the 

 right" to submerge and flood such 

 ar, are -ho\vii and described u; 



