68 



WILD LIFE PROTECTION FUND 



decrees requiring the Utah power com- 

 panies to remove their property from the 

 public lands unless they secure Federal 

 permits were sustained. 



The court maintained the power of 

 Congress to regulate all public lands and 

 denied that its authority was limited to 

 lands actually tised for Federal pur- 

 poses. All Government regulations were 

 not specifically upheld, but the court 

 refused to disturb any of them. It also 

 held the Government entitled to reason- 

 able compensation from the Utah power 

 concerns for use of lands occupied. 



The suit decided was that of the Gov- 

 ernment to oust the Utah Power and 

 Light Company and the Beaver River 

 Power Company from public lands in 

 the Wasatch and Fillmore forest reser- 

 vations in Utah. The power companies 

 had permission from Utah to develop 

 water power in the forest reservations 

 for " public •' purposes. In court, thev 

 contended the State — not the Federal 

 Government — had authority to permit 

 use of public lands in developing- public 

 resources within their borders, even on 

 Government land. Federal control as 

 against State control was sustained in 

 the Utah Federal courts. 



We hope that the above decision will be accepted as con- 

 clusive, and that it will forever lay the State Right ghost 

 that last year was dragged from its tomb, brushed off, and 

 set in the broad glare of publicity. Will any member of 

 any future Congress risk setting himself up against the 

 Supreme Court of the United States? 



We hope not. 



