314 Proceedings op the 



looks to me to be very unfair to a few of the great 

 industries operating about and within those reserves. 

 Under the presidential proclamations creating the 

 reserves, and under the laws as they now exist, it is 

 not possible for any industry — railroads and irrigating 

 companies excepted — ^to be made secure in the posses- 

 sion of a right of way extending through a forest 

 reserve. Is that fair? Is there any reason why a 

 great mine, after spending a large sum of money in 

 constructing a waterway through a reserve for the 

 purpose of bringing a supply of water to its works 

 and to the people manning those works, should not be 

 able to get as good title or right of way for such 

 conduit as is given to the irrigating company or to the 

 railroad company that builds a line through the same 

 reserve in order to haul other kinds of supplies to the 

 same works and to the same people operating the 

 works ? 



Under the laws and proclamations creating the Black 

 Hills forest reserve the miner is protected in the pos- 

 session of such mining locations as he possessed at the 

 time of the creation of the reserve. Further than that, 

 he is permitted to make new and additional locations. 

 Both these provisions are just. They are, however, 

 inadequate. They stop short of giving that protection 

 to which the mining industry in the Hills is justly 

 entitled. The absolute necessity of water for the devel- 

 opment of the mining claim is universally conceded. 

 The United States Government recognized this neces- 

 sity. It has thus far failed, however, to make adequate 

 provision to enable the miner to secure himself in the 

 possession of this necessity. Since 1866, the Govern- 

 ment of the United States has granted to the miner the 

 right to construct upon its public lands ditches and 

 flumes to conduct the waters of the streams required 



