14 THE COMMISSION OF INQUIRY, 



within the necessary flowage area, it can either prevent the impounding 

 of the water altogether, and thereby defeat the whole plan, or it can, 

 as the price of its consent, impose any conditions it sees fit. Its power 

 is not in any way defined by the vague limits of the so-called police 

 power. Its power is not only absolute, but the State cannot be divested 

 of it, since the title can not be taken under the power of eminent domain. 

 The ownership of only a few acres, therefore, may enable the State to 

 keep forever the destiny of a stream within its absolute and unrestrained 

 power. A very little land of small value, measured by the standards 

 that ordinarily fix the value of land, thus becomes of immeasurable im- 

 portance to the public welfare. Through its ownership the State may 

 be enabled to take and forever keep a central control over both original 

 development operations and subsequent distribution of the water in our 

 streams. This central control would make it possible for the State, 

 not only to protect the public in the matter of rates and charges, but 

 to dictate concerning both development and operation in Such manner 

 as to prevent clashing of interests and secure fair and impartial service 

 between communities as well as between individuals, to minimize flood 

 conditions, to prevent pollution of water needed for urban uses, and 

 generally to secure the maximum of public benefit. The maps and town- 

 ship plats submitted with this report show that a great many parcels 

 of tax homestead land have been sold, and that^ many are still left, on 

 important streams known to have considerable fall, and to possess a 

 large capacity for the development of power. The Commission has not 

 attempted to ferret out the facts concerning these sales because it seems 

 unnecessary, since what is done can not be undone, and those from whom 

 such information must be obtained are naturally close-mouthed, espe- 

 cially where the project is in process of working out. In some instances 

 full information has been freely given. One instance will sufflciently 

 illustrate. A company organized to develop and exploit a part of the 

 water power on the Manistee river purchased from the State eighty- 

 seven parcels of land aggregating three thousand and ninety acres, all 

 tax homestead land except six forties, two hundred and forty acres. 

 The prices ranged from fifty cents to two dollars an acre. Six parcels 

 brought the latter sum. Most of the sales were at one dollar or less per 

 acre. The diagram of the engineers based, on actual survey, shows that 

 practically every parcel of this land is in whole or in part, within the 

 area that will be flowed by the proposed dam. A rough copy of the 

 engineers' map and township plats from the land, wilV for reference, 

 be filed with this report but not printed. Like schemes will, unless the 

 law is changed, shortly result in all State land within the fiowage area 

 of all the important streams being picked up by interested speculators. 

 It is known in a general way to many that agents of those interested in 

 acquiring such lands are numerous and active in different parts of the 

 State, locating flowage areas and State lands therein. Alfred 0. Lane, 

 the State Geologist, writes: "I may say that I know that private in- 

 terests have been carefully looking up the various water powers of the 

 State and their flowage, and that such topographic maps as the United 

 States and the State have been issuing conjointly would be of very 

 great service in determining lands subject to such flowage. I am not, 

 however, anxious to have our present series of maps cover such areas 



