The Daily Express. (San Antonio, Tex.), Vol. 45, No. 249, Ed. 1 Tuesday, September 6, 1910 Page: 12 of 14
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THE ^AN ANTONIO DAILY EXPRFSJ
-0-
TUESDAY MORNING, SEPTEMBER 6, 1910.
methods of disposing of
11V agricultural lands The
have worked well Tne en-
ead law has encouraged the
•n ing of lands in the semi
Of course the teachings
ultural Department as 10
barid lands may treated
preserved for useful eul-
ho very essence of conser-
• "nservation of agricultural
wn in the reclamation of
irrigation and 1 should de
ds to what the Gm-
and is doing in this
ered,
estry
Government land is timber-cov-'
where the land is needed for for-
purpo
The
portar
next
it for
position of
States and in Ala
United Stat
of this
fled
entry
COAIj lands.
subject, and one most ini-
li consideration, Is the dls-
oal lands in the United
First, as to those
At the beginning
the
rn- ! 867,*'HtO acres
re-
administration there were classl-
coal lands amounting to 5.4TH.OOO
and there wer« withdrawn from
for purposes of classification 17.-
<e that time there have
by m order from entry
ence of crude fuel oil The history of the ' attention to this matter. Is one of them)
law* affecting the disposition of Alaska i who Insist that this matter of transmut-
eoal lands shows them to need amend- Ing water power Into e^trlclty. which
n-ipnt hi.il" can be conveyed all over the country ana
The Government of the United States ! across state lines, it a matter that ought
ha much to answer for In not having!'" h® retained by the general govern
given proper attention to the govern- j
ment if Alaska and the development of j
her resources for the benefit of all the
PRESIDENT SURPRISES AUDITORS,
AT ST. PAUL WITH KNOWL-
EDGE OF SUBJECT.
i nitc
LAMATION.
•\ act a f ind has b^en
>c "ds of the public
(1 Siates with which
s f >i storing great
i'per altitudes from
people of the country. 1 would not force
■ !• loj rntnt at the expense of a present
or future waste of resources; but the
problem as to the disposition of thf coal
lands for present and future use can be
w . -ly and safely settled in one session
jrress gives it
OIL AND (
careful attent''
AS LANDS.
last administration there were
di
?r the
ernme
MraillF:!
nts.
st be
ST
Tart,
Minn.,
todaj
nserv
on
on
Hi
iitte
hi
PALL,
in his
National
made piain his
subject of consei
exhaustive and
care than anv p
has made since
President sr.<»vv -
the. subje* t whV
hearers. The .■'t-
was an appeal t >
in conservation.
President fat't
submit to <"ui£
problem of a ii
power sites as
the general Gov
Tart gave rep
to Colonel Hot
ticn, but apparently took f
"new nationalism when
the;- days there is a di&pi
too much to the Fedeul t
everything, i am liberal
j—Presi1
before
the
spef
not
t.
tr
ini
cti al<
oun.t
a r h >v
sting
jet^ ee
tr<
tin
ate
address
n sense
he will
of the
water
,d
suitable system of canals
the water is to be distrib-1
y arid and subarid lands of1
to be sold to settlers at!
-nt to pay for the im-1
:marilv, the projects are J
the improvement of pub-
dentally, where private i
hin the reach of tne wa-!
? furnishing at cost or!
water to private owners •
->■ Government Is held by the Fed-
ourt of Appeals not to be a usurpa-1
<»r' power. But certainly this ought!
o be done except from surplus wa- j
not needed for Government land '
sMons have been made that the >
-il States ought to aid In the drain-'
of swamp lands belonging to the!
s or private owners, because, it'
ed, they would.be exceedingly valu-'
for agriculture and contribute, to;
general welfare by extending the;
of cultivation. I depreciate the agi-1
i been withdrawn .
| for classification 77,64$. 000 acres, making "
a total withdrawal of 95,515,000 acres '
Meantime of the acres thus withdrawn. \
11,371,000 have been classified and found Ir! .' - .■ - . 0c-vi
not to contain coal, and have been re- i uithdriwn from agricultuial entry
stored to agricultural entry, and 4,356,000 \[^ acres ot supposed oi. and "
acres have been classified as coal lands; ! fornia; about l.oCO.OOO acres in LouLjan ,
while 7!>,78A,0(ki acres remain withdrawn
from entry and await classification. In
addition .>36.000 a> have been classified
as coal lands without prior withdrawal,
thu9 increasing tl> classified coal lands
er,t.
?ati-
:lt
n his speech
conserva-
tling at the
e said; In
iition to lop a
comment for
in the con-
struction of the Constitution with tei
ence tc> Federal power. but I a.in firmly
convinced the only sat
pursue is to hold fast to the limitations
of the Constitution and to regard as sac-
red the powei of th< Stat*
President Tatt's address follows:
CONSERVATION -PRESERVATION.
Conservation as an economic and po-
litical term has come to mean the preser-
vation of our natural resources for eco-
nomical use. so as to secure the greatest
good to the greatest numcer In the de-
velopment of this country, in the- hard-
ships of the pioneer, in the energy of
the settler, in the anxiety of the investor
for quick returns, there was very little
time, opportunity, or desire to prevent
waste oi those resources supplied by
nature which could not be quickly trans-
muted into mone . while the investment
of capital was ?■» great a desideratum
that the people as
little or no care t
to lO.ltiS.OOQ acres
Under the law> providing for the di?- ,
position of coal lands, the minimum price
at which lands are permitted to be sold
is $lu an acre, but the Secretary of the
Interior has the power to fix a maxi-
mum price and to sell at that, price. By
the first regulations governing appraisal,
approved April < 1907. the minimum was
$10 as pro v. led l>v law, and the maxi- ,
mum was $100 and the highest price
plat ed upon any land sold was $75 Under
the nev\ regulations, adopted April 1'*.
1909, the maximum price was increased to
$300. '-y -.pt In regions where there are
large mines where no maximum limit is
fixed and the price is determined by the
estimated tons of coal to the acre The
highest price fixed for any land under
this regulation has been $608. The ap-
praised value of the lands classified a.a
coal lands and valued under the new and
old regulations is shown to be as fol-
lows. 4..03.921 acres, valued under the
old regulation at $77,644,329. an average of
either by private capital or at the in-j $18 an a-re. and 5,864.*('2 acres classified
stance of the State In these days there! and valued under the new regulation ai
is a disposition to look too much to the j or a total of 10,168,623 acres,
Federal Government for everything, i valued at ,.4a.S4.,cxl.
am liberal in the construction of the I ending March 31. 1909, ...»
Constitution with reference to federal W^L mi&v,
power: but , „.firmiy convinced th« SSSJMlS.
ourse for us to pursue is, ljiere werG ^ entries, embracing an area
limitations of the of ,,,res< whlch sold for $608,813; ai.d
regard as sacreu | (jown t0 August, 1910, there were but
f whifh only 6500 acres were known to
• va» ant unappropriated land, 75,000
cres in Oregon and 174,000 acres in Wyo-
ming, making a total of nearly i.'M" »"o
errs In September, 1909, I directed that
! public oil lands, whether then with-
rawn or not, should b« withheld from
:i position pending Congressional action,
or the reason that the exist! g placer
nining law. although made applicable to
ment, and that it should avail itself of
the ownership of these power sites for
the very purpose of co-ordinating in one
general plan the power generated from
these government-owned sites
On the other hand, it is contended that
It would relieve i complicated situation ir
the control of the waterpower site and
the control of the water were vested iu the
same sovereignty and ownership, viz, the
States, and then were disposed of for
development to private lessees under the
restrictions needed to preserve the inter-
ests of the public from the extortions
and abuses of monopoly. Therefore, bills
have been introduced in Congress pro-
HEM GOLD RAINS FILL [|
Drnuth in North Texas Is Believed to
Be Broken and Water ..hortage j
Relieved.
Sperinl Telegrams to The Express.
DALLAS, Tor.. Sept. 5.—Heavy cold rains
are falling tonight at Dallas and over North
Texas generally The drouth la believed to'be
broken and th* water shortage permanently
relieved
Off!
TEMPLE, Tex.. Sept. 5-
Tbls section was
which great
riding that whenever the State authorities! visited by heavy sh..w«« today, which great
(Ifwn a waterDOwer useful they may up- ly eoi»l«l the atmosphere and laid the dust,
ue&m a aierpower useiui > United Tree* and shrubbery ore commencing to But-
etno of the f<>r lack of moisture, and large cracks in
' 1(1 ■ j I the ground indicate the extreme dryness of
the soli.
ply to
States
the Government of
lor a grant to the
adjacent land for a waterpower site, an
that this grant from the Federal Govern
ment to the State shall contain a con-
dition that the State shall never part
with the title to the waterpower site or
the waterpower. but shall lease it only
. for a term of years not exceeding fifty,
■posits of this character. Is not suitable | with provision In the lease by which the
.' <ucli land'* and for ti e further rea- rental acid the rates for which the power
t! .. it seemed desirable to reserve is furnished to the public shall be re-
lain fuel-oil deposits for the use of i adjusted at periods less than tLe term of
\merican Navy A.-ordmslv the i the lease, say. every ten years The
ali existing viihdrawals was | argument is urged against this disposition
in?-?d. aid nev. withdrawals agure- |
nting 2,700,000 acres were made in Ari
-A fair rain fell at
Indications are for
of power sites thnt Legislators and State
authorities are more subject to corporate
jntlueuce and control than would be tl>e ■ rL*|rR0 t6X
Central Government; in reply it is claim- BlKWe'r fen in"
ed that readjustment of the terms of | ,ui0ugij to f
leasehold every ten years would secure to
GOLIAD, Tex., Sept. 5.
this plan* thifc morning,
more ruiu tonight.
KCNGE, Tex., Sept. 5.—A slow, drizzling
rain has bei*n 1 ailing here all the morning.
Most of the farmers would rather not have
any rain for a few days, until they g'^t more
of their cotton picked out.
SMILEY. Tex.. Sept. 5.—A g<">o<i shower fell
this morning. It will afford some temporary
relief.
MURDER PLANS LEAK AND GEOR-
GIANS BEGIN WAR OF
EXTERMINATION.
KILL FAMILY, IS THE PLOI
draii
able
the
area
-ition in favor of such legislation. It is
inviting the General Government into
contribution from its treasury toward
enterprises that should be conducted
in
. California. Colorado. New Mexico,
h and Wyoming Field examinations
ing the year showed 'hat of the orig- ^iay_uv(a ^ _
withdrawals 2.1.0.ooo acr* ^ . the public and the State just and equit- | i,oma vista, Tex . Sept. 5.—A nice shower
for oil, and they wc"r.e able terms. Then it is said that the Stale; fell here. Kast of here t
Sept. 5.--Another very light
Cuero i his morning, hnrdly
ttle the dust.
able
i authorities are better able to understand
for 'agricultural entry Meantime, other i(jimjiiiicij w
witndrawala of public oil land., in the local need and what is a fair adjust
states were made, so that ';oy 1. iyi . j menr \n particular locality t'uan would
the outstanding withdrawals hen f lhe authorities at Washington. 11 has
amounted to 4.55<\00n acres. ! |tef,n argued that after the Federal Gov-
Ti-e needed oil and gas law Is essen- ernmenf parts with title to a power site
tiji'-v a leasing law In their natural oc- | it can nor control the action of the State
, irrenoe, oil and gas cannot
but I
the only safe
to hold fast to the
Constitution and t
the powers of 'he States, W e have made j seventeen entries, with an area of 172'
wonderful progress and at the same time aires, which sold for $33,910 W. making a
irsp tor us to ' have preserved with judicial exactness disposition of coal lands in the last two
| the restrictions of the Constitution. There1 .... .... ,
be meas-
ed in terms of acres, like • oal. and it
•'.dlows that exclusive title to these prod-
u, i-- oan normally be securer) only after
thev reach the surface Oil should be
disposed of as a commodity in terms of
els of trans per table product rather
in fulfilling the conditions of the deed, to
which it is answered that in the grant
from the Government there may be eas-
ily inserted a condition specifying the
terms upon which the State may part with
the temporary control of the waterpower
sites, and, indeed, the waterpower. and
is an easy way in which the Constitution
can be violated by Congress without judi-
cial inhibition, to wit. by appropriations
from the National treasury for unconsti-
tutional purposes. It will be a sorry day
for this country if the time ever comes
when our fundamental compact shall be
habitually disregarded in this manner.
FOREST LANDS.
Nothing can be more important in the
matter of conservation than the treat-
ment of our forest lands. It was prob-
ably the ruthless destruction of forests
in the older States that first called at-
tention to a halt in the waste of our
resources. This was recognized by Con-
gress by an act authorizing the Execu-
t ommunlfv exercise-d j tive to reserve from entry and set aside
prevent the transfer | public timber lands a* National forests.
ship. The Government
. b« .n-teriritr °n an experiment
years of about. bO.OOO acres for $U"5,00G. !.,uirins mto effect a plan
WHAT CONGRESS HAS DONE. , operated it. private contracts.
The present Congress, as already said, sii.> ild not the Government as a
has separated the surface of coaJ lands. I i.wner deal directly with ihe
either classified or withdrawn for class!- ' r]
h els of tramptriani f _ of j providing for a forfeiture of the title to
than in acres of real estat . ^ waterpower sites in case the condi-
, . rse, the reason for the ^ ' al^. j tion is not performed; and giving to the
versal adoption of the basing * _ ! ]>resident. in case of such violation of
wherever oil land is in private jwn - ; 4 0nriiti(»iis. the power to declare fwfeiture
rship of many of the val-
esources to private indi-
retaining some kind of
ol absolute own>
uable natural i
viduals, withou
control of their use.
Among ?■lenti11< aen and thoughtful ob-
servers, however, the danger has always
been present ; but it needed some one to
bring home the (Tying need for a rem-
edy of this evil so as to impress Itself
on the public mind and lead t<> the forma-
tion of public opinion and action by the
representatives of the people Theodore
Roosevelt took up tins task in the last
two years of his second administration,
and well did he perform it.
INHERITS ROOSEVELT POLICY
As President, of the United States 1
have, as it were, inherited this policy,
and 1 rejoice m my heritage. I prize
my nigh opportunity to do all that an
executive > an do to help a great people
realize a „-reat National ambition. For
fication, from the coal beneath, so as to
permit at all times homestead entries
upon the surface of lands useful for agri-
culture and to reserve the ownership in
the coal to the Government. The question
which remains to be considered is
| whether the existing law for the sale of
the coal in the ground should coMinue in
force or be repealed and a new method
of disposition adopted. Under the pres-
ent law the absolute title in the coal be-
neath the surface passes to the grantee
of the Government. The price fixed is
upon an estimated amount of the tons of
coal per acre beneath the surface, and the
prices are fixed so that the earnings wi|l
only be a reasonable profit upon
amount paid and the investment neces-
sary. But, of course, this Is more or less
Speaking generally, there has been re-
s rved of the existing forests about 70 j
per ent of all the timber lands of the i
Government. Within these forests (in- guesswork, and the Government parts
eluding 2»>,000,000 acres in two forests in with the ownership of the coal in the
Why
land-
pro-
•r rather than through the interyen-
t mi of a middleman to whom the Gov-
ernment gives title to the land"
Under the proposed oil legislation, es-
neeially where the government oil lands
embrace an entire oil field, as In many
cases, prospectors, operators, consumers,
ar.il the public can be benefited by the
adoption of the leasing system The pros-
pector can be protected in the very ex-
penfive work that necessarily antedates
discovery; the operator ran be protected
against impairment of the productiveness
of the wells which he has leased by rea-
son of control of drilling and pumping
of other wells too closely adjacent, or
bv the prevention of improper methods
thp as employed by careless, ignorant, or is-
1 responsible operators in the same field
, „rA11i,i r.nt i conditions, the power to declare f«i
thus wouiri r i Qn(j t0 proceedings to restore the
V . ! Central Government to the ownership of
.uccessfuiiy
Alaska* are 192.000,000 of acres, of which
Ittf.OUO.OOO of acres are in the United
States proper and include within their
boundaries something like 22,000.000 of
acres that belong to the State or to pri-
vate individuals. We have then, ex-
cluding Alaska forests, a total of about
114,000,000 acres of forests belonging to
the Government which is being treated
in accord with the principles of scien-
tific forestry. The taw now prohibits
the reservation of any more forest lands
in Oregon, Washington, Idaho. Montana,
Colorado and Wyoming, except by act
of Congress. 1 am informed by the De-
partment of Agriculture that the Gov-
ernment owns other tracts of timber land
conservation is National. It affects every I in these States which should be included
man of u-. every woman, every child, j in the forest reserves. 1 expect to rec-
The public domain of tlie Government j ommend to Congress that the limitation
of the Unite,! St
hos
ites. including all the '
cessions from those of tlie thirteen States
that made cessions to the United States
and including Alaska, amounted In all
to about 1.>00.000,000 acres. Of this there
is left as purely Government property
outside of Alaska something like 700.-
000,000 acres. Of this the National forest
reserves in the United States proper em-
brace 144.000,000 acres. The rest is large-
ly mountain or arid country, offering
some opportunity for agriculture by dry
farming and by reclamation, and con-
taining metals as well as coal, phos-
phates. oils and natural gas. Then the
Government owns many tracts of land
lying along the margins of streams that
have water power, the use of which Is
necessar> in the conversion of the pow-
er into electricity and its transmission
1 shall divide my discussion under the
heads of (l agricultural lands; (2) min-
eral lands—that is. lands containing
metalliferous minerals; Ci forest lands;
f4.) coal lands, (5) oil and gas lands; and
phosphate lands
AGRICULTURAL LANDS.
Our land laws for the entry of argl-
CUltural lands are now as follows
The original homestead law. with the
requirements of residence and cultivation
for five years, much more strictly en-
forced than ever before
The enlarged homestead act, applying
to nonlrrigable lands only, requiring five
years' residence and continuous cultiva-
tion of one fourth of the area
The desert-land act. whi< h requires on
the part of the purchaser the ownership
of a water right and thorough reclama-
tion of the land by irrigation, and the
payment of $1.25 per acre
The donation or Carey ae* under which
the State selects the land and provides
for it? reclamation, and the title vests
in the settler who resides upon the land
ar.d cultivates it and pays the cost of
the reclamation
The National reclamation homestead
law, requiring five years residence and
cultivation by the settler on the land Ir-
rigated by the Government, and pay-
ment by him to the Government of the
cost of reclamation.
There are other acts, but not of suffi-
cient general Importance to call for men
tion unless it is the stone and timber
act. under which every individual, once
in his lifetime, may acquire 160 acre?
of land, if It has valuable timber on it
or valuable stone, by paying the pri e
of not less than $2.50 per acre, fixed
after examination of the stone or tim-
ber by a Government appraiser. In times
past a grt ,t fraud has been per-
petrated In the ,1, qL j. it I"?: ;. nds under
this act; but it is r v
strictly enforced, a. I the entries
for
ommend to Congress that
herein imposed shall be repealed. In the
present torest. reserves there are lands
which are not properly forest land and
which ought to be subject to homestead
entr\. This has caused some local irri-
tation. We are carefully eliminating
such lands from forest reserves or where
their elimination is not practicable, list-
ing them for entry under the forest
homestead act. Congress ought to trust
the Executive to use the power of reser-
vation only with respect to land cov-
ered by timber or which will be useful
In the plan of reforestation. During the
present administration 6.250,000 acres of
land, largely nontimbered, have been e..
eluded from forest reserves, and 3,500,000
acres 01 land principally valuable
forest
forest reserves, making a reduction in
forest reserves of nontimbered land
amounting to 2,760,000 acres. The Bureau
of Forestry since its creation has initiat-
ed reforest ration on 5600 acres
A great deal of tho forest land is
available for grazing During the past
year the grazing leases numbered 25,400,
and they pastured upon the forest re-
serves 1,400,000 cattle, S4,:^4o horses and
»,jcSO,400 sheep, for which the Government
received ila—a decrease from the pre-
ceding year of $45,470. due to the fact
that no money was collected or received
for grazing on tha untlmhered lands
eliminated from the fnrest reserve An-
other source of profit in tha forestry is
the receipts for timber sold This year
they amounted to »1,0«,M». an increase of
$307,000(1 over the receipts of last year.
1 his increase fs due to the improvement
in transportation to market and to the
greater facility with will, h the timber
ran be reached.
The Government timber in this country
amounts to one-fourth of all the timber,
the rest being in private ownership. Only
.1 ji*r 1 ..jit of that which Is in private
ownership is looked after properly and
treated according to modern rules of for-
Mtry. The usual destructive waste and
negh-ct continues in the remainder of the
forests owned by private persons and cor-
poration!. It is estimated that fire alone
destroys $60,000,000 worth of timber a year.
: - e of forests not on public,
1 ind is beyond
Federal
ground absolutely." Authorities o£ ttv
Geological Survey estimate that in the |
United States today there is a supply of )
about 3,000.000,000,0«l of tons of coal, and [
that of this, 1,000,000,000,000 are in the pub-
lic domain, of course, the other 2,000,-
000.000.oou are within privato ownership
and under no more control as to the use
or the prices at which the coal may be
sold than any other private property. If
the Government leases the coal lands and
acts as any landlord would, and impof.es
conditions In Its leases like tliosa which
are now Imposed by the owners in fee
of coa' mines in the various coal legions
of the East, then it would retain over the
disposition of the coal deposits a choice
as to the assignee of the lease, a power
of resuming possession at the end of the
term of the lease, or of readjusting terms I
at fixed periods of the lease, which might i
easily be framed to enable it to exercise I
a limited but effective control in the dis-
position and sale of the coal to the public. |
It has been urged that the leasing system
has never been adopted in this country,
and that its adoption would largely inter- I
l'ero with the investment of capital and
which results In the admission of water
tr. the oil sands: while of course the con-
sumer will profit by whatever benefits
the prospector or operator receives in
reducing the first cost of the oil.
WATER-POWER SITES.
Prior to March 4, IMS, there had been,
on the recommendation of the Reclama-
tion Service, withdrawn from agricul-
tural entrv, because they were regarded
as useful for power sites which ought not
to lie disposed of as agricultural lands,
trncts amounting to about 4,000,000 acres.
The withdrawals were hastily made and
Included a great deal of land that was
not useful for power sites. They were In-
tended to include the power on twenty-
nine rivers in nine states. Since that time
3 47(1,422 acres have been restored for set-
tiemen' of the original 4,000,000, because
thc\ do not contain power sites, and
meantime there have been newly with-
drawn 1,245.892 acres on vacant public
land and 211,007 acres on entered public
land or a total of 1,458.899 acres. These
withdrawals made from time to time
cover all the power sites included in the
first withdrawals, and ninny more, on
135 rivers and in 11 States. The disposition
of these power sites involves one of the
most difficult questions presented in car
the rain was much
heavier. Stockmen here are preparing to feed
cattle again during tb»? winter, as it will be
necessary unless rain falls soon. The cotton
crop h^K been gathered. It was very light.
ADK1NS, Tex., Sept 5.—Clouds for a short
while yesterday gave tho appearance of a
general rain, but nil passed away with only
enough rain to lay the dust. It is reported
that, a heavier rain fell at St. Hod wig.
ELMENDORF, Tex.. Sept.
this afternoon we v general
The outlook is tor more.
5.—Heavy rains
in this section.
', % 11,1 l"e investment or capital and ' Tvjne ()llt practical conservation. The
tJie.,Propfr. dev elopment and opening up | Service, under a power found in
of the coal resources. 1 venture to"*dif-
fer entirely from this view. My investi-
gations show that many owners of min-
ing property of this country do not mine
it themselves, and do not invest, their
money in the plants necessary for the
mining, but they lease their properties
for a term of years varying from twenty
to thirty and forty years, under condi-
tions requiring the erection «»f a proper
plant and the Investment of a certain
xss s« 2 msS-Srs?
royalty, sometimes an absolute figure
and sometimes one proportioned to the
market value of the coal Under this lat-
ter method the owner of the mine shares
in the prosperity of his lessees when coal
Is high and the profits good, and also
shares to some extent In their disappoint-
ment when the price of coal falls.
By the opportunity to readjust the
terms upon which the coal shall be held
by the tenant, either at the end of each
lea^e or at periods during the term, tho
Government may secure the benefit of
sharing in the increased price of coal and
the additional profit made bv the tenant.
By imposing conditions In respect, to the
character of work to be done in t he mines,
the Government may control the charac-
ter of the development of the mines and
the treatment of employe.* with reference
to safety. By denying the rlgl.* to trans-
fer the lease except by the written per-
mission of the governmental authorities,
it :nav withhold the needed c rnsent when
It is proposed to transfer the leasehold
to persons interested in establishlrg a
monopoly of coal production in any State
or neighborhood one-third of ml the
coal supply is held by the Oov ^nnient.
it seems wise that it should retain su'.h
control over the mining and the r-jle ,is
the relation of lessor or lessee furnisher.
The change from the absolute grant to
the leasing system will involve a rood
. deal of trouble in the outlet and the
beyond the jurisdiction of the | training of experts in the mat.oi f mak-
overnment If anything can ; ing proper leases, hut the change will be
c~ iionn by law it. must be done by the a good one and can be made. The change
!'■ Legislatures I believe that it is ; jp jn the interest of cor.serva*ion, and T
v'' llJ Tfle" constitutional power to re-j am giad to approve it
quire the enforcement of regulations in1
ongress pa?
are so few in nun • er t a: it
serve no usefu put post-
repealed.
The present 0
great importance, sev.'nnw ■ •
ship of coal bv the Governrnen
grouod fro mthe surf i.ee and j
homestead entries up n the su
the land, which, when ■ • • ?:• • t
the settler the right to farm the
while ?he coal beneath tie si
retained in ownership b> the
ment and may be disposed of 1
der other laws.
There ,. no crying need for rad
!• general public interest, as t.» fire and i
»f 'ier caust-,3 of waste In the management :
»!' f owned by private individuals
iid «t.rnorations. Exactly how far these!
•••gul.i!i"ns ran go nnd remain consistent:
*ith the rights of private ownership, it
mu' h more nol necessary to discuss; but 1 call
made 1 attention to the fact that
ALASKA COAL LAXI'S
The investigations of the Geological
Suivey show that the coal properties in j or
Alaska cover about 1200 square milt*, and
that there are known to be available
about 15,000.000,000 tojis This is. however,
an underestimate of the coal in Alaska,
because further de\elopmer.t? will prob-
ably increase this amount ma: times;
the statute, has leased a number of
these power sites in forest reserves by
revocable leases, but no such power ex
js,s with respect to power sites that are
not located within forest reserves, and
the revocable system of leasing is, of
course, not a satisfactory one for the
purpose of inviting the capital needed
to put in proper plants for the transmu-
tation of power.
The statute of 1S91 with Its amendments
permits the Secretary of the Interior to
grant perpetual easements or rights of
wav from water sources over public
lands for the primary purpose of irriga-
tion and such electrical current as may
be incidentally developed, but no grant
can be made under this statute to con-
cerns whose primary purpose Is generat-
ing and handling electricity. The statute
of 1901 authorizes the Secretary of the
Interior to issue revocable permits over
the public lands to electrical-power com-
panies, but this statute is woefully in-
adequate because it does not authorize
the collection of a charge or fix a term
of years. Capital is slow to invest in an
enterprise founded on a permit revocable
at will
The subject is one that calls for new
legislation It has been thought that
there was danger of combination to ob-
tain possession of all the power sites and
to unite them under one control What
ever the evidence of this, or lack of it,
at present we have had enought experi-
ence to know that combination would
profitable, and the control of a great
number of power sites would enable the
holders or owners to raise the price of
power at will within certain sections,
and the temptation would promptly at-
tract investors, and the danger of mon-
opoly would not be a remote one.
Dt'T V OF GOVERNMENT.
However this may be, it is the plain
duty of the Government to see to it
that in the utilization and development
of all this immense amount of water
power, conditions shall be imposed that
\m11 prevent monopoly, and will prevent,
extortionate cnarges. which are the a. - 1
companlment 01 monopoly. The difficulty
of adjusting tne matter is accentuated
by the relation of the power sites to tne
water, tne fall amd flow of whicn create
the p>iw«:' In t: e state where these sitrs
are the riparian owner does not control
>wn the power in the water which
the power sites with all the improvements
thereon, and that these conditions may he
promptly enforced and the land and plants
forfeited to the General Government by
suit of the United States against the State,
which is permissible under the Constitu-
tion.
I do not express an opinion upon the
controversy thus made or a preference as
to the two methods of treating water-
power sites I shall submit the matter to
Congress and urge that one or the other
of the two plans be adopted.
I beg of you. therefore, in your deliber-
ations and in your informal discussions. |
when men come forward to suggest evils
that the promotion of conservation Is to
remedy, that von invite them to point out
the specific evils and the specific reme-
dies; that you invite them to come down
to details in order that their discussions
may flow into channels that, shall he use-
ful'rather than into periods that shall be
eloquent and entertaining, without shed-
ding real light on the subject The people
should' be shown exactly what is needed
in order that they make their representa-
tives in Congress and the State Legisla-
ture do their intelligent bidding.
IN VARIOUS COURTS.
Jury Summoned at New Braunfels.
Special Telegram to The Express.
NEW BRAUNFEL8, Tex.. Sept 5,~
Distrlct. court convened here today A
number of criminal cases are on the
docket and several civil suits. The fol-
lowing have been summoned for the grand
jury: Theodore Schwab, S V. Pfeuffer,
Fritz Armke, A G. Starts, O. Bartels. Ad
Ilolz, Arthur Sabm. Othmar Gruene. Wil-
liam Triesch. August Bartels. August (.Mk-
ers, Julius Wunderlich. Ernest Ilerbst, F.
We he. Adolph Koch, Otto Relnarz.
District Court Opens at Bryan.
venial 'jvMegr'tn to The E*pre««.
BRYAN. Tex . Sept, 5 The District
Court of Brazos County met this morn-
ing at 9 o'clock at the court house. Judge
J «' Scott of Franklin presiding. Dist let
Attorney .T F, Lane was also present The
grand jury was Impaneled as follows:
E J Fountain, foreman; H P Datisby.
S I Dowling. W M Sbealcy, Arthur Gan
dy. O. L Andrews. L. J Hensarling. Sam
Symms. W. D Yardley, Fletcher Pool, M
R Easters and A M. Waldrop.
Goliad Court Has Light Pocket.
Special Telegram to The rJxpreas.
GOLIAD. Tex . Sept 5—District Court
convened at this place this morning in
regular session with John M. Green, dis-
trict judge, and Guy Mitchell, District
Attorney, present. The civil docket, will
be taken up this week and the criminal
docket next week A light docket, both
civil a*»d criminal, is reported.
/
A. and M. CONTRACT IS LET.
Waco Firm Will Build Dormitories
at College.
ROS/' .-vKY. Tex . Sept. 5.—Local show-
ers have been falling today.
ADKINS. Tex., Sept. 5.-K. J. Cover,
the. gin man at Adklns, has ginned to
date 278 bales of cotton. The farmers
for the last few days are taking some
of their cotton home for belter prices.
The gin is not running nn full time on
account of scarcity of water supply.
CTERO, Tex.. Sept. 5.—Not more than
25 bales of cotton were marketed in
Cuero today, seed bringing $4.90 a hun-
dred pounds and lint $13.30.
YOAKT:M, Tex., Sept. 5.-There has
been received here 5000 bales of 1910 cot-
ton. It is estimated by buyers that there
will be 1500 more bales.
LAMPASAS, Tex., Sept. B.-Ths cot-
ton is disappointing the growers, the
"turnout" not being anything like as
good as expected before picking began.
Reports show that it requires nearly nine
acres to produce a bale of the cleaned
staple, and many of the fields are giving
all at the first picking. The cotton
fields will soon be ready for pasturing
and much of the land will be sown to
wheat, which will pay better than cotton
has paid this year.
LAKE VICTOR, Tex , Sept, 5.—Owing
to the continued drouth ther^ will be a
very light, cotton croy in this section.
!"p to the present 25 bales have b?en
sold at 14 and 15 cents Stock water is
very scarce and but little grass.
VARIOUS SCHOOL NEWS
These C.et Certificates.
Special Telegram to The Express.
BAY CITY, Tex. Sept. f>. In the county
examinations for teachers' certificates,
three out of the four applicants made cer-
tificates. Miss Claude Howard and T F
Wasson, made second grade certificates
and Miss Rhoda Saunders a third-gTade
certificate.
Schools Will Close at 3 O'clock.
Special Telegram to The Express.
CORPUS CHRISTI, Tex, Sept. 5.-For
the first, time in years the school children
of the Central School in this city will get
out at 3 o'clock during the coming term
instead of ?> *30. the time-honored hour
The recess periods have been reduced from
fifteen minutes to five minutes This ac-
tion was taken on account for the abridged
condition of the yards, due to the con-
struction of the new $75,000 building.
Schools at Bastrop Open.
Special Telegram to The Express.
BASTROP, Tex., Sept. 5.—The public
schools of Bastrop opened for the fall
term this morning with a splendid at-
tendance. Miss Maude Brewster of
Granger is the only new teacher in the
school.
Twelve Fail in Examination.
BASTROP, Tex., Sept. 5.—Twelve ouf of
the twenty-six applicants for teachers
certificates before the Bastrop County
Board of Examiners in this city Satur-
day failed In the examination.
Spccial Telegram to The Express.
ATHENS, Ga., Sept. 5.—Caught In a*
attempt to commit arson, murder-and an
attack, five negroes were lynched early
this morning In an Isolated part of Clarke
County by infuriated neighbors of the
family against whom the negroes had
plotted.
The plot was discovered last nlghl
shortly after midnight when a daughter
of J. W. Huff, a prominent planter of the
county, discovered a negro in her room,
Her father made a prisoner of the negro
Neighbors arrived, and after putting the
negro through the third degree, he con-
fessed that four other negroes had
planned with him to enter the home ot
the Huff's, attack Mrs, Huff and her
daughters, then kill Mr. Huff and all
the members of the family, rob the
house and set it on fire.
A posse was formed and started in pur-
suit of the other negroes. When the
posse overtook the negroes they refused
to surrender and a running fight fol-
lowed in the course of which the negroes
were shot down and killed.
ONE IS DEAD; FOUR WILL DIE
Another Report of Killing: if Received
in Athens.
ATHENS, Ga., Sept. 5— An unconfirmed
report has been received here to the ef-
fect that five negroes were lynched neat
Carlton, ten miles east of here.
News reports tell of the killing of one
negro and fatal injuries to four others
by the enraged posse
It is said the negroes planned to murder
the family of J. W. Huff of Blakely, a
planter, and that a daughter of Mr, Huff
discovered a uegro in her room early
yesterday.
The negro was caught.
Mr, Huff's daughter, acording to re-
ports, aroused her father, who kept the
negro in her room until neighbors could
be summoned by telephone. It is sa.ld
the negro confessed that be and four
others planned to rob the house, assault
the wotupn, kill the occupants and then
burn the dwelling.
The dispatch says the four other negroes
were Immediately located and when they
resisted arrest were shot down.
Ppeeiu! Telegram tc The Express
COLLEGE STATION. Tex,. Sept, 5.
This afternoon the board of directors of
the Agricultural nnd Mechanical College
of Tews opened bids for the erection of
the two dormitories which are to be con-
structed at once from the funds arising
from the pure food tax, which was re-
cently voted to the college for permanent
improvements by the special session of
the Thirty-first "Legislature.
The foliowlnp: were the bids: G. C.
Street, Houston, 1189,900; Texas Building
Company, Fort Worth, $14n.S00; Otto P
Kroeger' ,?• Co.. San Antonio, JUS,TOO; J.
5 Harrison, Waco, S1'.'50; Stand ird Con-
struction Company. Dallas, $150,000; Fred
A, Jones Co., Houston, $161,400; Thames
6 Weber, Beaumont, 9135,946: J. O. Polhe-
mus Austin, $20ij.7l'
The contract was let to J, S, Harrison
ol Waco.
DEFENDS WOMAN; HE IS FINED
Houston Minister Lands in Corporation
Court on Charge of Fighting.
jspeelBl THf'jrraro tn The haptens.
HOUSTON. Tex . Sept. 5.—Rev C. W.
Hughes, pastor of the Brunner Metho-
dist Church, was fined $8.45 in the cor-
, . a very 1m-
ems to port an t par' or conservation must always
t to be | fall upon Stat* Legislatures, ar.d that ,
j they would letter be up and doing if ' hut we con say with considi"able rer
bill of j th-v would save the wan* and denuda- I talnty that there are two field- on 'he j
«»wner-jtion and destruction through private ' Pacific Slope which can b~ reached by |
in the i greed or accidental firns that have made 1 railways at a reasonable '-ost "om deep j
mlttlng Barren many square miles of the older' water—in one rase of ubou* fifty rrjlles I
1 i• "t* oi I States j and in the other case of about 1^" rnllep— j
I have shown sufficiently the conditions I wbich will afford certainly 6.<
rfa
7s |
rn -1
ical re-
cert a inly 6.
to Federal forestry M indicate that1 tons °f coa1' :'norf' ,haj1 ''i.1.1' of whMl 13
no further legislation is needed at the ! n very high grade of bituminous and
moment except an increase in the fir^ j anthracite. It is estimated tr- be
protection to National forests and an aer worth, in the ground, one-rial' n cent a
resting the Executive with full power to ton. which makes its value per acre from
make forest reservations in every State, to $500. The coking coa! land? of
flows past his land. That power is under
the control and within the grant of the
State, and generally the rule is that the
fex ! Patten court this mr,mng following
ter-power site over which the water is j his plea of guilty to a charge of fight-
to be conveyed in order to make the pow- j ]nr,
er useful, gives to its owner an advan- , . .. . . . , ,
tage and a cartaln kind of control over 1 I he testimony showed thnt he had heen
the use of the water power, and it is i arrested Saturday afternoon after he had
proposed that the Government in dealing , j j Barron, a street car o-on-
with its own lands should use this ad- ; 1, 4 ^ T». , ,
vantage and lease lands for power sites , ductor Rev Hughes told Judge Kirllcks
Better be right
at the start, thiin SORRY
AFTERWARDS.
Start Right—P atronize the Quality Yards.
F. J. OWENS
Lumber Company
Pennsylvania are worth from JS00 to I3CH0
i an acre, while other AppalacMan fields
are worth from tlO to 8336 nn o're, ar.d
! the fleWB in the Central States from $10
; to $?000 an acre, and in the Rocky Moun-
; tains $10 to {.:00 an acre The demand for
' coal on the Pacific Coast is for about
4,f,OO.OOn tons a year It would encoun-
j tcr the competition of cheap fuel oil, of
which the equivalent of 12,000<VYi tnns
of roal a vear is used there it |? ngti-
i mated that' the coal could be laid down at
Seattle or gas Francisco, a high-grade
, bituminous, at M a ton and anthracite at
$5 or $6 a ton The price of coal on the
! Pacific Slope varies creatly from time to
time in the year and from year to year
—from $4 to $12 a ton. With s regular
to those who would develop the power,
and impost conditions on the leasehold
with reference to the reasonableness of
the rates at which the power, when
transmuted, Is to be furnished to tne
public, and forbidding the union of the
particular power with a combination of
others made for the purpose of monopoly
by forbidding assignment of the lease
save by ionsent of the Government Ser-
ious difficulties are anticipated by some
in such an attempt on the part of the
General Government, because of the sov-
ereign control of the State over the wa-
ter power in Its natural condition, and
the mere proprietorship of the Govern-
ment in the riparian lands It is con-
tended that through Its mere proprietary
right ln> the site, the Central Government
has bo power to attempt, to exercise po-
lice jurisdiction with reference to how
the water power in a river owned and
controlled by the S'ate shall be used,
and that it is a violation of the State s
rights. I oufstlon the validity of this ob-
Government may Impose
,,. , . .im ... I lection. The
■"■oal sunply established, the expert if the any conditions that it chooses in its
Geological Survey, Mr Brooks, who has I lease 0f jt3 0WT1 property, even though
made a report on the subject, does not
think there would be an excessive profit
In the Alaska coal mining because the
price at which the coal could be »old
would he consider;-bly lowered by compe-
tition from these fields and by the pres-
it may have the same purpose, and in
effect accomplish just what the State
would accomplish by tjie exercise of its
sovereignty. There ire those (and the
Director of the Geological Survey, Mr.
Smith, who has given a graat deal of
that the trouble started over what he
considered the 111 treatment of nn elder
ly woman, who was a fellow passenger |
on a San Keiipe car.
The minlstfr said the conductor failed
to allow the woman to alight from the
car where she. had asked to get off
Kev Mr. -ughes was fined and Barron
was released, as the evidence showed
that he had been struck first.
Baptist Minister at Luling Resigns.
sp*Mui Tetsgrani tr. The t;xi>re8»
LULJ.NG, Tex., Sept 5.—Rev J. K
MeaseJls, par-tor of the Baptist Church,
tendered his resignation yesterday, the
resignation to take effect October I He
leaves In order to finish his theolog-
ical course in the Southern Baptist Sem-
inary.
Institute Convenes.
tlpoclsl Telegram to Tbfl Express.
LOCKHART, Tex., Sept. 5,-The Teach-
ers' Institute for Caldwell County was
organized this morning Prof, M. L.
Hurst, county superintended delivered a
short address, stating the purposes of Ihe
institute. Paul \\ Jeffrey delivered the
address of welcome. An elaborate pro-
gram has been arranged, and very inter-
esting questions will he discussed.
Yoakum Schools Will Open Monday.
Special T^.egram to The Express.
YOAKUM Tex., Sept B.-Th« public
schools will open next Monday morning.
Lavaca County Institute is Begun.
Si l rolipram tfi Tho Krprosn.
HALLETTSVILLE, Tex.. Sept. 5-The
white teachers' institute met here today
with about one hundred in attendance.
The institute wil last the entire week
DEWITT COUNTY TEACHERS MEET
Institute Is Bee;un at Cuero With an
Attendance of 100.
Spccial Telegram to "he Express.
CUERO, Tex . fte?> 5.-Tho DeWitt
COlinty teachers' institute opened in this
city a' the John C. French hi»;h school
th:V morning at 9 o'clock with nearly
on • hundred teachers present.
The work is divided into two sections,
C A. Peterson and N. Wilson having
charge of the primary, and M V. Peter-
son and H. K. Williams the intermediate
Tho term will last five days.
Four Teachers Pass.
Srodft! 'J'elflffrnm to The Express.
SJNTON, Tex . Sept. 5.—At the teachers'
examination here only four teachers ap-
plied, All passed and received county
certificates.
TWO DALLAS BOYS ARE KILLED
Third Is Probably Fatally Injured
While on Train.
JEFFERSON CITJT. Mo„ Sept. S.-
John Burke and Jacob Kennedy were
killed and Edward Hurd probably fatally
Injured by being struck by the lop of a
tunnel while riding on top of a Missouri
l'nclflc train near here. The bodies of
Hurkc and Kennedy were found fonlght
near Washington. Hurd Is being cared
for nt Chamois.
The boys were from Dallas. Texas.
GAYNOR WOl LD> BE GOVERNOR
New York Mayor Is Receptive Candi-
date for Greater Honor.
NEW YORK, Sept. 6.—Mayor (raynot
will not be an active candidate for the
Democratic nomination for Governor of
this State, hut the New York Times will
say tomorrow on the alleged authority of
several of his close persona! and political
friends that he is a receptive candidate.
BOLD ROBBER TIES UP TWO MEN
Then Ho Talks to Victims Until the
Train Arrives.
Spoclnl Telegram to The Express.
LL'FKIN, Tex., Sept. 5.—E. R. Dickey
and Bayne Sntterfleid were robbed last
night ahout 2 o'clock.
Dickey Is the night engineer of the
light plant, He was making his rounds
over the plant when he met the robber
He was ordered to throw up his hands
which he did. He was then robbed of
$2>i and a watch. His hands were then
tied behind him by the robber
About forty-five minutes later, Satter-
field, the night telegraph operator at thn
Cotton Bolt, came over to the light plant
to find out why the lights had gone out
Ho crawled through a window. Just aa
he got in he was ordered to throw up
his "hands. He wns robbed of 86 cents
after his hands had been tied behind him,
The robber then sat down and talked 1o
Dickey and Satterfleld until the arrival
of the southbound Houston East & West
Texas passenger train, when he took his
departure.
Satterfleld managed to untie his hand!
and gava the alarm, but this was after
tho train had come and departed.
The man who committed the robbery
was a white man. His face was masked
by a handkerchief tied over it. Officers
were notified and are working on the
matter, They have no clew so far as li
known,
LIGHTNING KILLS YOUNG MAN
Frank H. Meeks of Circleville Is the
Victim.
Blir-cln! Telegram to Tbo Expresf.
TAYOH, Tex., Sept. 5,-Durlng a rain
and thunder Btorm about 11 o'clock this
n orning, Frank R. Meeks, aged 23 years,
son of J. J. Meeks, near Circleville, five
miles north of Taylor, was struck by »
bolt of lightning and killed.
i'oung Meeks was In a farm wagon
returning home from Taylor, where he
hns been marketing cotton. His death
was witnessed by his sister, Miss Myrtle
Meeks, who was standing in the door-
way of the Meeks home.
Ixtma Vista Schools Open.
Special Teiegiam to Th« Expresn.
I.OMA VISTA, Tex., Sept. 5.—The pub.
lie school opened here today,
Attack Has Another Version.
ATLANTA. Ga.. Sent 5.-A telephone
message this morning from Elbcrton. five
miles east of Carlton, is to the effect that
one negro was found dead last Thursday
or Friday near Carlton It is said that the
negro was suspected of an attempt to
commit criminal as»al|!t on the daughter
of J W Hutf
KORELOCK DOORS
The best hardwood door on the market and ahout
pin« door prices. You want to see these and then
you will be sure to specify them in the contract.
Glad to show you.
Hillyer-Deutsch-Jarratt Co.
1309 South Flores St. Both Phone* 329 and 255
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The Daily Express. (San Antonio, Tex.), Vol. 45, No. 249, Ed. 1 Tuesday, September 6, 1910, newspaper, September 6, 1910; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth434418/m1/12/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.