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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 22, 1915)
ADMirlSTRATiQN OF POWER IS SCORED Present System of Water Con trol Declared Unwise and Unauthorized by Law. FERRIS BILL AGGRAVATING Clyde C. Dawson, Representative of Colorado Governor, Asks All States in Conference to Vnlte Against Measure. The keynote address of the Western fttatcs Water Power Conference was delivered at yesterday's session of the conference by Clyde C. Dawson, of 3ienver, head of the delegation from Colorado. His subject was "Developed Water Power Ideal Conservation." Mr. Dawson, who is here as the representative of Governor Carlson of Colorado, made a masterly presenta tion of the case against the Ferris bill. It passed, he said, its effect could not be other than blighting on the West. "My chief interest in this matter prows out of the fact that I am, and for almost 40 years have been, a citi zen of Colorado, a state rich in unde veloped water power. 58 per cent of whose area of 61,500.000 acres is still classed as public lands, and whose fu ture progress depends largely on a right solution of this and related ques tions," he said. Administration Regarded Unwise, "The people of my state feel that the attitude of the administrative fcranch of the Federal Government for the past eight or ten years as to the development of water power in Colo rado and all the public-land states has rieen unwise, unauthorized by law and not for the upbuilding of the states having undeveloped power sites or for the best interests of the country or the people as a whole. "We do not question the good faith of those responsible for the Govern ment's attitude and conduct; "but we 3o question the wisdom1 of the policy pursued, and its legality under exist ing law. and we assert most earnestly and with confidence that legislation euch as Is proposed Sn the Ferris bill will but aggravate present conditions by giving a semblance to legislative authority for the doing of that which we contend has heretofore been un authorized by law and brought about by administrative usurpation and the perversion of existing laws." Union Against Bill Asked. Mr. Dawson said that if the people of Colorado were right In their view of tho situation, every state repre sented at the conference should, for the same reasons, act In accord and unite against such legislation as the Ferris bill. "While in this conference we are primarily considering water power, I cannot overlook the fact that such leg islation as-is now proposed in refer ence to that subject is but one strand of the rope which the administrative officials and bureaucratic chiefs, at Washington would braid to bind for all time all the resources which are etM a part of the public domain with in the public-land states. Servile Tenantry Would Result. "The completely rounded scheme which looks to the control of all of our resources on the public domain would lead to the substitution of a pervile tenantry for an independent citizenship of owners, and would leave the destiny of our future growth and development to the arbitrary control of ever-changing officials in the far distant city of Washington." Mr. Dawson said that in saying the resources of the states belong to all the people, those favoring an increase of Federal control were using a catch phrase that would not justify its meaning under analysis. "It was never intended that these public lands should be indefinitely held and exploited by the Federal Gov ernment," he explained, "and, in so far s the resources under immediate con sideration is concerned, water power, the Federal Government never had within a state, has not now, nor should It have any control; for the water which is primarily essential to the creation of such power belongs to, and Is under the control of the respective states, and their people, except for navigation. In seeking to control the development and use of such power by reason of the existence of public lands along the streams, the administrative officers of the Government seek to do by Indirection what they cannot do di rectly, seek to do that for which there is not and should not be any authority in law. As a matter of law, as a mat ter of right, as a matter of Govern mental policy this agency of a state's development should be under the con trol of the state within which it lies, and easements over the public domain, which are necessarily incidental to the use of the water, should go as a matter of course without restriction and with out price. States Can Prevent Monopoly. "As to monopoly, the states properly have the inalienable right and author ity to control and prevent monopoly within their own borders, arid to con trol and regulate the prices at which power shall be sold by public-utility corporations. "There is no more reason why the Federal Government at this time should seek to regulate and control the development of our water powers, no more reason why it should seek to place a charge or tax upon the devel opment of this water power, the pro duction from our coal, phosphate, oil and other lands, than that it should have sought, in like manner, to have controlled and taxed the development of the fertile linds lying in the great Mississippi Valley." After pointing out that, the policy expressed in the Ferris bill was not real conservation, but reservation, he continued: "The Ferris bill is objectionable for tho following, among other reasons: "First: It leaves it in the uncon trolled discretion of the Secretary of the Interior, or some Federal officer in charge of the Federal lands, to say whether any development shall take place in the vast, vacant territory of public domain which now covers the public-land states like a pall. No far distant officer should be clothed with euoh tremendous power. "Second: The limitation of 50 years in the proposed leases puts an abrupt end to a public use which In its na ture should be perpetual, the very continuance of which the state author ities have the rignt and power to en force. This limitation is also in con flict with the laws of those states in which beneficial use is the basis, the measure and the limit of the right to the water, and likewise It conflicts with the power of the state to deoiare what uses may be preferred above others. Law Wonld Dtuerimtnata, "Third: Tha bill singles out for regulation by the Interstate Commerce Commission power companies which may be enga8 In business within a territory or ia two or more states, if SOME OF THE DELEGATES AT WESTERN STATES' WATEK L . -fT ) ' ' ' " , ,' "'',fy- '1T' ' "'""I 'iP - V; -A! v - f-i :. X'fiV" V . V ? .:iv .ft: u ' J X A V4) - a r Z " t '-' ci -"X " A7 ! Jf v fe. , J"" '"' r yHSfc ' . --x; o 1 their structures happen to touch upon the public domain, and leaves other interstate power companies unregu lated, thus placing enterprises which are on the public land at a disadvan tage in this respect, and defeating the declared purposes of the bill. "Fourth: Section 5 provides for the acquisition of title to the lessee's plant by the United States itself, on a basis which expressly excludes certain well recognized elements of value, and which, if not confiscatory, would cer tainly tend to discourage the invest ment of capital. If such plants are acquired by the Government and oper ated by it. we should have the anoma lous situation of the Government com peting with its own citizens in a com mercial enterprise, in which it would have the unfair advantage of being exempt from taxation and state regu lation. "My objections go deeper than to any specific provisions of the bill. Its whole tenor is contrary to the spirit of our free institutions and of our fundamental laws. .In its present form it is obvious, and hardly needs the tes timony of practical men, that the bill will not encourage investment and de velopment; but it is equally obvious, and should be recognized by every citi zen, that the exercise of such powers by the Federal Government within the public-land states tends to reduce those states to mere provinces and to sap and undermine the very founda tions of our Union. Kxlstine L.avrs Ample. "The advocates of this class of leg islation may say that the criticisms by its opponents offer nothing of a prac tical nature in the place of the pro gram which they are seeking to carry out. The professed purpose and aim of all are. indeed. Identical, to provide for the broadest possible development of the water power resources of the country. All unite in saying that this is ideal conservation. "We think we have sufficiently demonstrated that the methods of the Ferris bill will not produce the de sired results. And when they ask us what we would substitute In its place, our answer is, that the existing acts of Congress, properly construed, per mit the development of these resources under the control and regulation of the local laws; that there should be no legislation, which-does not recognize and reaffirm the fundamental principle that the states have the right and au thority to control their own purely in ternal affairs, and that the title to the public lands is held in subordination to this rule of law." EXTENSION PLANS GROW BRIDGE COSSECTIXG STARK AND LINSTOS BOl'LETARD ASKED, Right of Wr la Promised and Adjoin- In Property Owner Will Pay for Hardaurfaclngr, A direct and attraetive genaectien between Stark street ar-d the new Linn: ton boulevard by way pf a bridge vec Macieay Parjs ravine through Willam ette Heights an Blytheswoo( i$ now sought as a part of the proposed ex tension of Btark' street from its pres ent nd to Cornell road) Tha project U beins uushed bj; fc-tarkr street property owgtrs and ettlers and THE MORNITTO OltEGONIATT. WEDNESDAY, SEPTEMBER 22, 1915. 1 Montana Delegation. From Left to KiKht. Sam D. Cioza, United States senator alsh, Thomas Kurtz, of Portland; Judge J. K. Brlckaon, J. B. 1 oIHiih. 2 Thomas Tongrue. of Den. ver. S Congressman MoArlhur (Left) of OreKon. and Jteed Smool, L'nlted states Senator From Utah. " Gover nor William Spry, of Utah. 5 W. P. K. Mills, of Denver. 0 L'nlted States Senator Walsh, of Montana, a Kerrls Bill Supporter. 7 A. P. Ardonrel, of Boulder, Colo. S Ueorse C. West, of Uurango, Olo. likely will be included in the Stark street extension proceedings, prelim inary surveys for which are now being made by Commissioner Dieck. .Prop erty owners likely will fin a petition soon asking for the extension. It is pointed out by those interested that the work will solve the problem of making Macleay Park accessible. Th3 bridge across the ravine, accord ing to plans, will be artistic and un usual, and the distance to be spanned is said to be not so great as to make its cost excessive. Beginning at the end of the straight section of the Cornell road from Love joy street, where the projected line of new Stark street strikes it, this exten sion will avoid the two sharp turns where the Cornell road meets the en trance to Westover Terraces by cutting diagonally across the unoccupied lots at the head of Twenty-ninth street and Joining the winding Cornell road some 1600 feet farther on. From the bridge, located at this point, it will strike across unoccupied land or lots to Aspen street, in Willamette Heights, and con tinue along it until merged in the Hill side boulevard on the western slope of Blyth's Wood. The right of way for the bridge and its approaches on both sides already has been promised and the sn.all sec tion of Aspen street not now hard surfaced will be paved by the adjoin ing property at its own expense. MR. GALLUP RULED OUT Jltuey Insneotoc to Contest Icclslou of Civil Service Bourd. The JfunleipaJ OIvlJ Berviee Board stood firm, yesterday and refused to permit Q Gallup, who helds tha pe Bitiert pf jitney inspector on tempo rary appeintment, to take the exami naion held to provide an eligible list frew which, to make a permanent ap pointment i the position. Mf. Gallup was barred because Pf his net having resided within the city for a year prior to the test. . Mr; Gallupt svh c was appointed by Commissioner Paly, is a brother of D. Q. Gallup. secretary pf Multnomah Typegrapaieal Union. He will contest - POWER CONFERENCE. the decision of the Board. John T. Tuley, Raymond Gill, W. S. Overlln. Gilbert J. Newell and Harold T. Gue rin took the test yesterday. Golden AVedding Celebrated. ABERDEEN', Wash.. Sept. 21. (Spe cial.) The golden wedding anniver sary of Rev. and Mrs. C. W. Austin, of Pasadena, Cal., was quletlv observed here yesterday at the home of their son. IJr. O. li. were married in Austin. The couple Michigan, In held charges which state Mr. Austin for 40 years. SIDELIGHTS ON WATER POWER CONFERENCE T a peculiar coincidence each of the three Governors who spoke at yesterday" morning's session is a native of England. Governor Withycombe, of Oregon, who delivered the opening address, was borp in Devonshire; Governor Spry, of Utah, who was made the permanent chairman, is a native of Yorkshire, and Governor Lister, of Washington, who took ' part in some of the discussions was born in Berkshire. And then there was Thomas Tonge, who may be Governor of Colorado some day. and who is a native of Lancashire. "And there isn't a hyphen in any of our names," commented Mr. Tonge. "Every one of us is an American from the ground up." One of the interesting delegates at the conference is Thomas Tonge. of Denver, who long has been identified with the mining development of Colo rado. ' Mr. Tonge also was a member of the lower house of the Colorado Leg islature last Winter his first dip into politics. . . It is as a newspaper man and as a correspondent for various mining journals that Mr. Tonge is best known to the people of the West. For many years he has been the Colorado corre spondent for the Mining Journal of London, and has written extensively for various other mining publications. He is a prominent member of the Den ver Preso Club and is popular among the newspaper men throughout . Colo rado. Incidentally Mr. Tonge is one of the biggest men at the conference. His size, avoirdupois, has been the subject of frequent guessing by various of the other delegates. When he is in fight ing trim, Mr. Tonge says he balances the beam at something like 340 pounds. "And I have very decided ideas about Federal control of water power," he comments. "Yes, they are so very de cided that I can't utter them out loud for fear of being arrested." . Don V. Moore, of Grand Forks, N. D., who Is representing his state at the conference, la secretary of the Xorth Dakota State Fair Aasociatlon. He is on hia way to the World's Fair at San Franolseo, 'Whilo we haven't ea much natural water power in North Dakota na you have out here," said Mr, Moors yes terday, 'we are interested in retain ing the authority over the natural re sources in the hands pf the states," W. 5. Humphrej:, Representative In Congress fron Washington, in ona of the interested visitors at the confer ence, Mp. Humphrey has served hia. PATERNALISM NEW DANGER, IS OPINION Ex-Senator Piles Defends Rights of States to Con . trol Own Resources. MANY DECISIONS CITED Development or Arid West Wlien Government Kept Hands orr Is Pointed Out as Argument Against Kerrls" BUI. A forceful argument for state con trol instead of Federal control of the natural resources of the West was pre sented to the water-power conference yesterday afternoon by Samuel H. Piles. ex-United States Senator from v ashington. Mr. Piles offered a series of court decisions, including several bv the Su preme Court of the United States, to support, his contention that the right to control the water powers of the several states belongs to the respective states themselves. He denounced the threatened "sys tem of Federal bureaucracy" as a be ginning of a paternalistic form of government, which ultimately is bound to destroy the independence," the prog ress and even the liberty of the people. "Notwithstanding the fact that a number of propagandists contend that the United States, and not the states, own these waters one of the greatest natural resources that we have, if not the greatest there Is not the slightest foundation for the contention." Jie said. "Every state admitted Into this Union since the adoption of the Con stitution was admitted upon an equal footing with the original 13 states, and as the people by the Constitution reserved unto themselves all power not granted Jo theFederal Government and that necessary to enjoy tho granted powers, it 13 perfectly clear that the states not only never intended to sur render, but in fact never did surren der to the general Government all pow er with respect to the life-giving con trol and disposition of their waters; but that the states surrendered only such rights as are necessary to the exercise of the constitutional powers granted the general Government. "This water ownership in the states and this right of entry upon and ap propriation of the waters flowing through the public domain is founded very largely upon the law and the fact that the United States hold the public lands, not in their sovereign capacity, but solely as proprietor; that Is to say. in the same capacity in which every citizen of the states owns his land. "The ownership by the states of the water within their limits means that the states have the right, subject to certain qualifications, to appropriate or authorize the appropriation of such waters for all uses beneficial to the states, unhampered by Federal control." He continued by pointing out that in the early history of the country the states' rights to administer the control over their waters was unquestioned, and as a result of that practice, he explained, "where there was once an arid waste we now find fields bur dened with grain and orchards bending with fruit.. Where there once stood a wilderness of trees there now stands a wilderness of homes. All of this was induced by the wise and beneficent policy of the general Government In leaving to the people of the new states tho right to work out for themselves the problems which have made the country what it is. Will any man deny that the system pursued has not re dounded to the glory, honor and re nown of the Federal Government? "Are not those who advocate the pas sage of a law placing the control of our waters in the Federal Government urging the adoption of a system of paternalism that will render nugatory the powers we have so long exercised and enjoyed, and which will, after all, make us dependent for our practical existence upon the will of Congress? We have only to turn to Alaska to see the effect of paternalism in govern ment, for there a great and wonderful land has been practically paralyzed by its baneful influence. state many years in the House, and Is this year an aspirant for a place In the Senate. He Is considered a strong nepuDiican possiDUity. Judge James A. Gibson, of Los An Keies, uuoiner conierence visitor. Is one of the most distinguished attorneys of Southern California. 'He is an ex-Judge of the California Supreme Court, and was the law partner of United States Senator Works, of California, before the latter s election to the Senate. .The "farthest East" delegate Is George Lyon. Jr., of Nelson. Neb. Though Nebraska is not one of the so called Western power states. Governor Morehead is taking such Interest in the conference that he sent Mr. Lyon to represent nim. Mr. Lyon is a errand father, and a, graduate of Harvard in the same class with ex-United States Senator Bourne, of Oregon, but he is still so interested ir. college work that ne attended Harvard most of last vear. and says he will be there all this year tailing a special course m English lit erature. His hobby is learning and reciting the poems of Rudyard Kipling anu noueri w. service. GovcrnorlLIster, of Washington, head of the delegation from that state, used to be a Tacoma busines man. His hobby is traveling. The Governor does not like to be asked about the Colum bia River interstate bridge, as he vetoed the appropriation passed by the 1913 Legislature to pay Clarke County's share of the bridge cost. With the arrival today or Senator Clarence D. Clark, of Wyoming, there will be four United States Senators at the conference. The others are' Sena tor Chamberlain, of Oregon; Senator Smoot, of Utah, and Senator Walsh, of Montana. There is also one ex-Senator S. II. Piles, of Washington. Four Governors and one ex-Governor are at the conference. Tho Governors are Withycombe, of Oregon; Spry, of Utah: Alexander, of Idaho, and Lister, of Washington. James H. Hawley, of Idaho, Is ex-Governor of that state. The adjourned session of the Governors' conference held in Seattle last Spring will be called here during the water power conference. Albert Johnson, of. Grays Harbor, Representative in Congress from Wash ington, Is a newspaper man when not in Washing-ton, D. C. Mr. Johnson, who Is attending the conference, was for some time managing editor of the Seattle Times, and left the city field to buy a oountry daily. He delights In leaving politics to plunge back into the newspaper gnme, and car. silll cover a story with all the skill of the veteran reporter and all the "pep" of a cub. I. . Awarded Medal of Honor at the Panama-Pmclfic Exposition. iLe un mno no se debe esperar grandes obras." "Do not expect a child"! to write Grand Opera.?J r- B . AH, that precious Havana tobacco! I do not fear for it when I see it in the hands of workmen like those in the Van Dyck factory. Here are no raw beginners. Rarely does one of these Cuban workmen qualify to meet the Van Dyck standard of workmanship until he has produced between 200,000 and 300,000 cigars. The workmanship is Spanish throughout each precious leaf is rolled into the cigar with its ten der tip toward the lighting end. The wrapper is put on with the care of Velasquez spotting the highlight into the warm eye of some Spanish senorita. Not in every factory will you find such care. To me a Van Dyck is a cherished companion. .When to a friend I hand one it is never with a muttered apology. I do not liope he will like it I know he will, for would he be my friend if he had not good taste? Havana all Havana Spanish made TWo for a quarter and up SL A. Cunst & Co., MANY SPEECHES DOE Men of Note to Make Address es at Conference Today. DISCUSSION TO BE GENERAL Only Social Event Planned Will Be Dinner Tonlglit by Chamber of Commerce, Including: Pictures of Power Development. Many prominent delegates to the Western states conference will be heard in the sessions today. Some of the principal speakers, who could not be heard yesterday, will de liver their addresses this morning. Among them will be S. Z. Mitchell, a prominent public utility banker of New York, and chairman of tne Pacific Light & Power Company, of Portland. Mr. Mitchell will- tell "Why Financing Power Development Is Not Practicable Where Government Lanii Is Involved." Wesley L. Jones. United States Sena tor from Washington, also will speak at today's sessions. Another address today will be that of Frank H. Short, of Fresno. Cal., who will discuss the "Constitutional Aspects of the Ferris Bill." It is the intention, however, to de vote most of the time today to an open discussion by the delegates. Each of the several state delegations, it is ex pected, will be given opportunity of being heard. It was decided yesterday to limit the time of speeches to 15 minutes each ex cept by unanimous consent. The rules also require that all reso lutions be introduced not later than 12 o'clock today: All resolutions will be read when they are introduced and then passed to the resolutions commit tee. It is probable that the resolutions committee's report will not be forth coming until tomorrow, the last day of the session. Meanwhile every opportunity will be offered for a full and open discussion on every phase of the water power question. This evening at 6:30 the principal social event in connection with the conference will take place at the Cham ber of Commerce. The visiting dele gates and other distinguished attend ants at the conference will be guests of the Chamber at an informal dinner at 6:30. Edgar B. Piper will be toast master. The talks will be Informal and may or may not bear upon the con ference and the subject that it has under consideration. In connection with the banquet the visitors will be entertained by a series of moving pictures illustrating the "Commercial Necessity of Water Power Development." This entertainment, j m (S) Inc-, Distributors which is highly Instructive, will be of fered by Henry J. Pierce, of Seattle. 2 SENTENCED FOR THEFT Clemency to Bo Asked for One, Only Support of Girl-Wife. Charged with being accomplices in the removal of $40 from the coat pocket of a companion in a Burnslde street poolroom. Jack Morris and Hugh Alderman were sentenced to 6ft days each by Municipal Judge Steven son yesterday. A third man, who is believed to have obtained the money, has not yet been apprehended by the police.- The men were arrested by City De tectives Hellyer and Tackaberry. An effort was made to secure clem ency for Alderman on the ground that he Is the only support of his girl-wife and she is about to become a mother. JOB BUREAU AX HOVERING Council to Pass on Ordinance Abol ishing: Employment Efforts. Portland's Municipal Free Employ ment Bureau, established several years ago, will be in the balance be fore the Council this morning with Commissioner Baker, who has charge, in favor of its abolition as a failure. An ordinance doing away with the office, will be up for final passage. It Is Mr. Baker's hope to have the meas ure become effective by October 1. when the lease on the building now oc cupied expires. City Attorney La Roche is preparing an ordinance re establishing an employment bureau to have a much wider scope than the present. RECOVERY FROM GRIP The form of influenza popularly called grip lasts but a short time, is seldom fatal but causes suffering and misery out of all proportion to its importance. The reason is this. When the acute stage of the grip is passed there often remains a neurasthenia that persists for months if not properly corrected. The patient is moody, in poor spirits, suffers lack of appetite and vigor and feels indisposed to work or even to en joy life. Warmth and quiet alone give comfort and these not for long at a time. Sleep is restless and does not refresh the nerves which are always at high tension. The best way to correct this after effect of the grip is to build up the blood and there is no better blood builder than Dr. Williams' Pink Pills. As soon as the revitalized blood courses through the system you aro aware of Its soothing influence. Grad ually the color returns to the pale cheeks, appetite and digestion improve and you are on the roa.l to health. The free book "Building L'p tho Blood" contains a chapter on the after effects of the grip. Send now for a copy to the Dr. Williams Medicine Co.. Schenectady. N. V. You can get Dr. Williams' Pink Pills at the nearest drugstore or by mail on receipt of price, 60 cents per box; six boxes 12.50. HI (22)