1024 



THE IRRIGATION AGE. 



State Against Federal Control of Natural 

 Resources 



By F. C. Finkel 



Since the verdict of the eastern states in the fall elec- 

 tions it may seem like adding insult to injury to add to 

 the argument against the so-called "New Nationalism." 

 The idea put forward under this title was new in name 

 only, and was quickly recognized as the old and discred- 

 ited Federalism of our country's early history. 



The "New Nationalism'' gave its last gap at the "Sara- 

 toga Convention," even as the "Old Federalism" did at the 

 "Hartford Convention." The only difference was that 

 this last reincarnation of Federalism was shorter lived 

 than its prototype. The people of the United States have 

 studied history and the majority have not yet forgot- 

 ten it. 



All this hysterical agitation in favor of the Federal gov- 

 ernment taking charge of the undeveloped natural re- 

 sources in the different states was the result of what? 

 Merely the desire of certain individuals to create a pow- 

 erful bureaucracy in this country and thereby to arrogate 

 to themselves almost unlimited power. 



It was during the last adminstration of Roosevelt that 

 Gifford Pinchot, then chief forester, matured the plan to 

 make of himself a potentate so powerful that he might 

 to all intents and purposes control the resources of this 

 nation. It was then unnecessary to invent high sounding 

 names like the "New Nationalism"; for Mr. Pinchot's 

 work was then being done quietly and effectively while 

 the people slept in the belief that he was only their faith- 

 ful servant. 



What Col. Roosevelt's exact part in the plan was at 

 that time may never be known. But when President Taft, 

 who is endowed both by nature and education with a 

 deep seated respect for law, checked the ambitious plan 

 of Mr. Pinchot, the ex-president, after his return from 

 Africa, came to the rescue of his former chief forester 

 at the St. Paul Conservation Congress last summer and 

 launched his meteoric and misnamed "New Nationalism." 

 While this may be evidence tending to show that the 

 Pinchot bureaucracy was as much Col. Roosevelt's plan 

 as his own, it is by no means conclusive. We must re- 

 member that Col. Roosevelt's very nature tends to draw 

 him to those ideas of government, which demand the in- 

 crease of autocratic official power. Himself a man who 

 never could consent to have his own power limited, or 

 his ideas modified, what is more natural than that he 

 should come to the rescue of his friend Pinchot, also desir- 

 ing and striving for personal power? 



The opportunity seized upon by Mr. Pinchot for self- 

 aggrandizement was afforded him by the very men and 

 interests now most opposed to him. These men and inter- 

 ests are those who have, since the first settlement of the 

 West, labored industriously and continuously to develop 

 and improve the West and its resources, in many instances 

 profiting financially by their efforts, but invariably benefit- 

 ing the community at large more than themselves. 



These men and interests saw that there was much 

 unnecessary waste and misdirected effort in the develop- 

 ment of natural resources, and asked that some means 

 of protection be devised to prevent reckless and wanton 

 waste of natural resources in the western states and ter- 

 ritories. The first step taken was the calling of the First 

 National Irrigation Congress, which met at Salt Lake City, 

 Utah, on September 15, 1891. Water is the great essential 

 of the arid west, and prior to 1891 the only important us<> 

 of water was for irrigating land. The men who repre- 

 sented the West in the First National Irrigation Con- 

 gress (the writer was one of them) saw the necessity for 

 conserving the water supply in every possible manner. 

 With this idea uppermost in his mind each returned to 

 his own state or territory and took up the work of water 

 conservation. This led to the protection of the forest 

 cover on the mountain drainage areas of streams, and 

 the necessity for wholesome regulations to prevent tres- 



pass on the watersheds by men and animals, which would 

 tend to diminish and impair the water supply. 



As the lands in these watersheds were mountainous 

 and principally lands belonging to the United States, what 

 was more natural than to ask the United States Govern- 

 ment to protect them? This the people of the West did. 

 California taking the lead, and the San Bernardino Forest 

 Reserve (now a part of the Angelus National Forest) was 

 created by President Benjamin F. Harrison at the request 

 of the Arrowhead Reservoir and Power Company of San 

 Bernardino, Cal., in December. 1892. Other forest re- 

 serves rapidly followed in different parts of the western 

 states and territories, always created at the request of 

 those who were developing and using the water of streams 

 first for irrigation and later for power, or both combined. 



It was never the idea of these pioneers in the work 

 of conservation, that the Federal Government should ac- 

 quire any right in the waters of the streams which, by 

 law belonged to the people of the different states to be 

 acquired and beneficially used under state laws. Nor was it 

 ever the idea of the national administrations under Pres- 

 ident Harrison, Cleveland and McKinley, as is proven by 

 all the decisions of the commissioner of the general land 

 offices and secretary of the Interior in cases then aris- 

 ing where rights of way were sought across the national 

 forest reserves for conserving and carrying water for irri- 

 gation and power. 



It was, of course, necessary to have a department of 

 forestry to manage the different forest reservations, but 

 the original purpose of such a department was merely 

 to see that lumbering and grazing were carried on in a 

 manner which would not impair the watersheds, that reck- 

 less trespassing, resulting in forest fires, were prohibited 

 and that rights, easements and permits to occupy lands 

 for developing water, mineral and other natural resources 

 were granted under restrictions and regulations, which 

 would afford correlative protection to all such interests 

 and the forest reserves themselves. In the beginning, 

 while the forestry department was under the secretary 

 of the interior, an old department of the government 

 which has respect for the constitution and law, there was 

 no cause for complaint. Had it not been for the personal- 

 ity of Gifford Pinchot, there is no doubt that it would 

 still have continued to be a conservative and well admin- 

 istered department under the secretary of the interior. 



But Mr. Pinchot was a young and ambitious million- 

 aire, and having a clear and far seeing mind, perceived the 

 great possibilities in store for a bureau of forestry under 

 the new department of agriculture, and with himself as 

 its head. Further, Mr. Pinchot is blessed with a very 

 pleasing and captivating personality, which made it pos- 

 sible for him to convince the people that it was for their 

 best interest to surrender their rights to a government 

 bureau presided over by himself as absolute dictator, 



Had the people of this country perceived the tre- 

 mendous power, which this bureau of forestry could wield 

 over them and the states in which they live, the plan could 

 never have been carried to the extent desired by Mr. 

 Pinchot. From the lands they embrace the people of the 

 West must draw their very life blood, water, minerals 

 and fuels. He who can control these under a govern- 

 ment bureau giving him absolute power has the people 

 of the western country for his serfs. Once well intrenched 

 with all the power to issue permits revocable at his will, 

 to levy charges for the use of water, minerals and other 

 resources of these mountain reserves in the amount he 

 may decide, and to enact and enforce the many and varied 

 fegulations invented by the fertile mind of Gifford Pinchot, 

 the head of the forestry bureau will be invested with im- 

 perialistic power. The things he would control are nec- 

 essary to make of any value all else possessed by the 

 people of the West. Against such a bureau, presided over 

 by such a bureaucrat, the people would be compelled 

 to protest in the words of Patrick Henry: "Give me lib- 

 erty or give me death." 



But Mr. Pinchot's justification of it all is that corpo- 

 rations must not develop and control the natural resources 

 of the country any longer. He says the "small man" must 

 be allowed to do it. How is the "small man" without 

 capital going to construct hydro-electric power plants 

 costing millions, unless a large number of "small men" 

 combine to do it, and then you have the corporations 



