SUPPLEMENTARY PROCEEDINGS

LAWS THAT SHOULD BE PASSED

Francis G. Newlands Senior Senator From Nevada

Regretting my inability to address the Conservation Congress personally on the subject assigned to me, I submit my views briefly by telegraph.

Conservation legislation necessarily involves harmonious action by forty-seven sovereigns, the Nation and the States, each acting within its jurisdiction. As the legislative bodies cannot confer together, it is necessary that there should be some intermediate organization which will bring about team work. There should be a National Commission and State commissions which can act together, as well as separately, in recommending needed legislation. A reactionary Congress disregarded Roosevelt's recommendations on this subject, but the progressive sentiment of the country will not brook further resistance; and the bill for the appointment by the President of a National Conservation Commission composed of publicists and experts in civil, hydraulic, and electric engineering, in arid and swamp land reclamation, in transportation, and in mining and lumbering, reported by the Senate Conservation Committee at the last session, should surely pass. With Roosevelt as chairman, and Garfield, Pinchot, Newell, and the Chief of Engineers of the Army as members of this Commission, we would have the men who in practical administration have become more thoroughly informed regarding the natural resources of this country than any others.

As to the land laws: It is evident that for years large portions of the public domain have been gradually drifting into private and monopolistic ownership under antiquated and misfit land laws utterly unadapted to existing economic conditions, and therefore stimulating fraud in their evasion and perversion. Legislators outside of the public land States have taken little interest in the subject, relying mainly upon the States involved to suggest legislation. Had the Senators and Representatives from the public land States counseled together continuously, patiently, and tolerantly regarding the land laws, as they did regarding the Reclamation Act, the confusion and scandal and the prosecutions of the past six years would have been lessened, and a wise solution of needed legislation would have been evolved and accepted by the country. At the next session of Congress such a council of western Senators and Representatives should be held, and the present deadlock of conflicting views ended. In shaping laws regarding the public lands the central idea should be a rational development, without monopoly or waste; the establishment of individual homes upon the agricultural lands; the utilization of the forests and the coal, iron, and oil deposits under conditions that will enlist the aid of needed capital without monopolistic exaction or excessive prices; and the improvement of our waterways, regardless of State lines, so as to promote every use to which civilization can put them, and in that connection secure team work on the part of the various services, National and State, engaged upon them, as well as the cooperation of the Nation and the States, each within its appropriate jurisdiction in the work to be done and the expenditures to be made.

Until comprehensive plans are developed, the Nation should not part permanently with the title to any lands suited for the development of water-power, the promotion of navigation, or the establishment of transfer facilities and sites, but should hold the National properties in such shape that they may be utilized in the working out of comprehensive plans involving the union of National and State powers. In forming these plans it should be borne in mind that the Nation holds the public domain, not for National profit, but in trust for the population, present and future, of the public land States which welcome immigration from other States whose surplus population there finds a resting place. The money realized either from sale or rentals should therefore be applied to the schools, roads, reclamation projects, and other public development of the States in which the lands are located.

The ultimate purpose of the laws should be to gradually substitute State sovereignty for National sovereignty in the direction and control of this great public trust; but great care should be taken not to prematurely turn over the trust to States too weak to resist powerful combinations and monopolies, or until the organization of adequate public regulation and control is effected.

CONSERVATION OF THE NATION'S RESOURCES

J. B. White Chairman of the Executive Committee of the National Conservation Congress

In the division of the program set apart for discussion there are many ideas and inquiries crowded upon our minds for expression; and while much will be made clearer to us, there will be many questions that will remain to us unanswered.

Perhaps we may first ask ourselves: Why are we here? What came we here to do? What is Conservation? To whom does it apply? Who are Conservationists? And who are enemies of Conservation? Are there any, and why? What special principles must we subscribe to in order to be known as sufficiently orthodox in creed that we will be received as worthy disciples in this cause? And who but ourselves (and each for one another) shall pass upon our credentials as to our honesty of purpose in this great work? To whom are we answerable but to ourselves, the people? And why should a great congress of thousands of American people meet here, as we are doing this week, on this occasion, when we have a legal Congress in Washington representing every district in this broad land, whose members we have elected to make such laws as are necessary for our present and future welfare?

The answer seems to be that this assemblage represents a popular upheaval of public sentiment, animated and encouraged by those who have thought along advanced lines and are pioneers in this cause in the press and on the rostrum; some of whom have been right, and others of whom were almost wholly wrong. We are here to discuss these features, to winnow the chaff from the golden grain in this agitation of thought which we trust will be the beginning of wisdom, to be crystallized as far as practicable into proper National and State laws for the regulation of Conservation of public resources, and that the people may become awakened to that greater saving principle of personal and private Conservation. It is we, the people, instead of we, the politicians, who are and should be most in evidence at this Congress.

It has been said that knowledge is power. It is perhaps a better truism to say that action, with knowledge, is power. Knowledge without action would avail little; and action without knowledge would be groping in the dark. But with knowledge and action we can accomplish noble results.

All great reforms and improved conditions spring from the wants, needs, and consciences of a dissatisfied people. Sometimes the needed relief comes through an armed and sometimes through a peaceful revolution. Some man looms up above his fellows from the sea of unrest and his greatness is proven by his devotion to the cause, free from the selfish thought of personal aggrandizement; and by his wisdom and tact he creates confidence in his judgment, in his sagacity, in his fitness for leadership. So few there are who are willing to bear the cross from this high sense of duty and offer themselves a mark for calumny and vituperation, and often in many ways to become a sacrifice to a people's cause! And when one is found, it frequently happens that the public are slow in showing their gratitude and appreciation for what his discernment and discretion saved to a nation; the reward of proper recognition is often withheld until long after he is dead, because he lived in advance of his time.

But there are fictitious and exaggerated issues which are created and developed to huge proportions for the dear people by the sleek politician (and his name is Legion) who sets up his scarecrow of impending woe that he may rush valiantly in and save his constituents and the citizens of a nation from dire calamity, and generations unborn from distress and want. It is not my purpose to attempt to lull to sleep in fancied security those who have been influenced by those suspected of being unnecessarily active in fighting windmills. Always there is need of sound, conservative consideration before taking hasty action, and the people are becoming better informed and more critical in their discriminations, and are learning to know the loud-mouthed pretender from the thoughtful, loyal, public-spirited citizen. People now are doing their own thinking. Time was not long ago when the greatest newspapers of largest circulation manufactured public opinion so successfully that they were the great thinking machines for the country. It was so much easier for the people than doing the actual thinking and logical reasoning for themselves. People read the editorials of their respective journals in order to get ideas to use in their arguments with each other. I think that as an educator the newspapers then, as now, served a most valuable purpose, but it is infinitely of more help to the thinking man, who criticizes and analyzes what he reads before he accepts and assimilates it as his own. The pen has been mightier than the sword, and the "power of the press" has matured and developed conditions that had to be arbitrated by the sword.

The People Deceived

Much harm has been done by wrong thinking in regard to Conservation, and the people have been deceived and prejudiced; and like a strong man awakening from a sleep they have reached out in alarm to search for and punish, in advance of ascertaining what, if anything, was really the matter. Innocent people and innocent industries were maligned and injured. The public are now finding that they have been deceived by the scheming politicians, and by highly colored newspaper comments, and that "Conservation" has been used as a trick word and is not what they thought it was. They had been led to believe that it was something that someone else ought to do, or should be forced to do, and that they were being robbed because Conservation was not practiced; and that if Conservation laws should be passed as recommended by these ignorant agitators they would be greatly benefited; that everything would be cheaper than they had to pay, and that they could get more for what they had to sell. They never stopped to reason that Conservation without use means holding back from development the natural resources of the country and producing stagnation in business, and that if each succeeding generation should follow the same policy there never would be any improvement.

Those whose education never has extended beyond the three Rs can understand the principles of Conservation in reforestation, reclamation, and restoration—reforestation where it will pay to reforest; reclamation where it will pay to reclaim; and restoration where it will pay to restore to the soil the elements needed, and where forestry will not pay better.

The great American leader of Conservation always has maintained, and especially in his speech at the first Conservation Congress a year ago, that the first principles of Conservation is development of resources for the benefit of the people who live here now; he stated that there might be just as much waste in neglecting the development and use of natural resources as there is in their destruction by wasteful methods. In the second place, Conservation stands for the prevention of waste; and in the third place, Conservation stands for the preservation and perpetuation of our resources through wise economy and thrift. And its principles apply alike to individuals and to nations. If a policy in any department of Conservation requires great outlay of money in order to develop and conserve for this and future generations, then the Government, the whole people, and succeeding generations may be rightfully asked to bear part of the expense, which could be done by the selling of bonds, and by exemption from taxation some products of growth, like the forests, which are now taxed every year, making the owners pay taxes for a hundred years to get for the market only one crop. No other crop is taxed like this. The owners of any one resource should not bear all the burdens for growing it for future generations; and, if it does not pay, the soil will be used for other crops which will pay better.

True Leaders Misunderstood

As a matter of fact, the true leaders in intelligent Conservation have been misunderstood by press and people. The principle has been attacked as if it meant the non-use of our natural resources by the present generation. Even in Alaska the best known teachers of Conservation urge the development of all the resources for the benefit of all the people. They wish to encourage pioneering on both a small and on a large scale. It is not the purpose of Conservation to preserve from exploration and discovery unknown resources if there can be found for new fields men brave and fearless enough to take the risks of life and of capital. For instance, when in the prospecting of a country's possibilities, and in the risks of life and capital incident thereto, there is called into action every bit of physical or mental energy to meet conditions that seem insurmountable, it is not our purpose to hamper or retard, and say that this risk and cost shall be left entirely to future generations. We are willing to encourage the cutting out of the way, and doing all we can in this generation, believing that the next generation will find new duties suited to its advanced condition and change of needful requirements.

Wise Conservation with use means the maximum of efficiency and profit with the minimum of waste and cost. We do not wish the few to have unfair advantage. We desire each and all to have opportunity according to their talents and their physical or financial abilities, that the known and unknown resources of a country shall not be gobbled up by a few without an equal opportunity to others who can furnish the same needed measure of requirements to insure success. We realize that corporations are necessary to develop a country; that aggregations of capital, made up from large and small stockholders of the people, can accomplish more with less waste than can individuals. They can put in expensive and saving devices and can operate at a far smaller percentage of profit.

For example, in gold mining the individual works his placer claim with simple equipment; he will leave 50 percent as waste. Then the dredging companies will follow, and get half as much more. Then come the big hydraulic companies, reaching benches and levels that men with small capital could not attain. These companies require millions of capital, and they save the waste and are satisfied with a net profit of a few cents per ton. Just so with Alaska's coal; Alaska needs the coal, and all we ask is that some fair method shall be adopted which will best subserve the requirements and will encourage development.

Conservation and economy must enter into our very life, and every effort should be made to get the most out of little; to find a use for what now we are in various ways wasting. In European countries the hard struggles of the masses have produced the saving habit—a virtue we have got to learn and practice individually and as a people before Conservation will become a National success. Unless we halt in our mad extravagances, perhaps there will come to us in some degree those sad experiences of suffering that have put the saving principle into the very fiber of the old world peoples; and we will learn our lesson as they long ago learned theirs. We must each share the burdens of Conservation, and we all likewise will share in its blessings.

Conservation is not any one man's opportunity, prerogative, or privilege. It is for the use and benefit of each and all, and can be practiced in any business or occupation as an important aid to success. It is for peasant and prince, rich and poor, and for the Nation as well as for the individuals. We must discover some effectual means to prevent disastrous forest fires. We must restore the fertility of our soils.

The Question of Ownership

Whether Conservation is best promoted by individual ownership of certain natural resources is a disputed question, depending on the nature of the public utilities, the location, and other conditions. Government ownership does not mean that the Government is going into business competition with private capital. It means reasonable royalty and fairness and protection to the lessee, to enable him to compete under prescribed conditions favorable and just alike to all parties.

In most cases ownership causes a man to see the need of conservation and economy. The idea of protecting natural resources against waste is not so strong with some, if they do not have possession; while with others it is true that possession gives them the desire and opportunity to see the actual dollars, and they make haste, manufacturing more than the market demands so that only the prime and best qualities find a market, which causes a grievous waste. Especially is this true in the lumber business, but it is not so true in the meat business. The packers of meat products have studied the science of saving and conservation, so that the entire carcass is utilized in some useful manner absolutely without waste. And on the farm the man who is financially able to study and practice conservation of the soil prevents its exhaustion, while his poorer neighbor, lacking the funds for the initial expenses, sells the life of the soil with the crop that he markets, and his farm is soon impoverished. We, or some of us, believe that there should be some way of extending State aid at a low rate of interest to the poor farmer to enable him properly to fertilize his soil; and that the chemistry of soils and scientific agriculture should be taught in the common schools. Thus would the entire country be benefited, and National efficiency strengthened.

Practical Application

The science of Conservation, as a philosophy, is wholly independent of who owns the property; but its successful practical application often depends very much on ownership. Combinations of capital have the advantage, and this needed capital gives greater possibilities for Conservation. Compare the country butcher and his 50-percent waste with the million-dollar packing house which has no waste. It is not the fault of Conservation that there are extremes in combinations, resulting in trusts or monopolies. They are practicing Conservation in the extreme, in saving of raw material by greater utilization, and by the discovery of new uses for by-products. The Standard Oil Company is another example of the very fineness of division and subdivision of by-products, which finds a place in therapeutics and in the arts, and appear in vaseline, paints, dyes, and a hundred other valuable chemical products. This is Conservation. But there are hundreds of ways where Conservation can be practiced to a profit in every occupation of life, to the physical, intellectual, and moral betterment of mankind. As corporations are made up of many individuals to do certain things that are necessary to be done, which it would be impracticable or impossible for any individual to do alone, is it not best to recognize them as artificial individuals, subject to the control as well as to the protection of wise laws, which permit no individual to prosper at the expense, discomfort or injury of another individual?

Conservation, as a living, vital principle stands out beyond and above selfish partisan politics; and no man or combination of men will ever be able to make a political issue of it any more than you can make the gospel of spiritual salvation a political issue. But, like the gospel of spiritual and physical health, it demands the homage and acceptance of all. There will be many men of many minds, crystallizing by their combinations into different sentiments, and advocating different methods. It is so with churches. But their central doctrine of salvation will continue to be the basis of creed. And ours is Conservation, that the country and its people may continue to prosper and progress, and that the principle and practice of love and charity, which make up the Golden Rule, shall not cease to influence the hearts of men. The great question to each one should be: Where and how does Conservation apply to me?

We are here to build the temple, and to bring men up to the standard which we now unfurl to the world.

The sower goeth forth to sow; some sow to discord and strife, and some to peace and harmony; some sow to love and some to hate; some sow to adversity, and some to prosperity; some sow to selfish greed, and some to philanthropy and public good; some sow to prudence and Conservation, and some sow to extravagance and waste.

"There is that scattereth, and yet increaseth; and there is that witholdeth more than is meet, but it tendeth to poverty."

"Be ye not deceived. For whatsoever ye sow, that shall ye also reap."

PRACTICAL ASPECTS OF CONSERVATION

A. B. Farquhar Executive Committeeman National Conservation Congress

In the forum of argument the Cause of Conservation, as a general principle and in every detailed application, has already won. When taken on its own merits, hardly a voice is now raised in opposition. Yet it has still its enemies, none the less pertinacious or dangerous that their antagonism is based not on public but on private interest—enemies who are carrying on a bitter contest by indirect methods, and clouding the issue by starting side questions. We have all heard of the medical practitioner who covered his general ignorance of pathology by the device of inducing fits, which were his specialty. So, when anybody finds the Conservation policy an obstacle to his pecuniary interest, it is an easy expedient to cover his inability to overthrow or confute that policy on point of principle by a display of his skill in exposing real or fancied weaknesses on irrelevant points.

Instances of this effort to secure an advantage by an adroit befogging of the question will occur to everyone who has followed the discussion of our subject. Some of these have been so often exposed that it would be only wearisome to allude again to them, were it not for the importance of being on guard at all times on all points against the crafty contrivings of the enemy.

Let us first consider the confusion of Conservation with hostility to corporations; of encouragement to enterprise, with license to destruction of natural resources. It is true that we have heard and read some vigorous protests recently against grants of timber and water-rights to certain business corporations, whose profits would be sharply curtailed by preventing or limiting their free use of the country's forest and river wealth. Perhaps those protests were stronger because a combination was to profit by the grants than they would have been had the beneficiaries been dissociated individuals; what is certain is that they were decidedly stronger because of a belief that the concessions were to be granted without exacting for them their full money value. Yet, even allowing that objections founded on the principles of Conservation may have been mixed in this case with objections on other grounds, it is contrary to common-sense to apply to the former the invalidity or the validity that may be discovered in the latter. Arguments for Conservation are no more or less sound because aggregations of capital in large industrial undertakings are dangerous or useful to the public. As Conservationists, we are not concerned either to palliate the frequent dangers or to depreciate the frequent valuable services to the public from such aggregations. But we are concerned to see that the National resources are not squandered for private gain, if our best efforts can prevent it.

Another example of a confusion of the question, or raising a false question, is when a saving of natural resources is identified with locking them up; as though energy conserved were to be understood as energy neutralized. Quite the contrary: Conservation means so treating our resources as to get the most we can from them. In the case of our forest wealth, as of any other in which there is growth and decay, a judicious degree of consumption of the product is a necessity. After the period of most rapid development has been succeeded by a slower rate of increase, approaching that when losses by accident and by interior degeneration are barely made up by the growing season, there is obviously a gain in removing the tree and leaving its place to be filled by something that will continue to grow. In a properly conserved forest no tree is left standing until attacked by decay, but each is cut when its value is greatest, so that the best management is recognized not so much by the largest amount of standing timber as by the largest yearly gross increase in growth of timber. It is somewhat similar with water-power. "The mill never grind with water that is past," so the power has to be used when it is within our grasp, or be lost. Conservation of water-power is maintenance of the amount of such power that so appears, and disappears. It is for use; Conservation for disuse, in this case, becomes an absurdity. Even as to mineral resources, which cannot be replaced when once withdrawn, Conservation calls only for economical use, not for neglect or insufficient use. The argument is that we have quite as good a right to the enjoyment of the gifts of Nature as our successors have, but not a right so much better than theirs as to render a wanton waste of our patrimony justifiable, or even pardonable.

In connection with this same identification of forest Conservation with neglect of the forests, we should consider the hasty tendency shown in some quarters to regard the terrible forest fires of the last few weeks as proof that we are safer without a woodland than with it, and that therefore our policy is at fault. But our policy is care, and not neglect. We would avoid such calamities by preventing them. The recent fires appear to have been due very largely to carelessness, from meal-preparation or from smoking in presence of dry combustible material; and in some instances to actual incendiarism, which was, where it occurred, a crime no less serious than wilful murder. These forests might have been safeguarded by an expenditure of one-tenth the loss by fire, and at no danger to life. Fires from locomotive sparks—a far too frequent nuisance—should no longer be classed with unavoidable accidents; for the masses of dried grasses, etc., that make the sparks dangerous could and should be removed from the track vicinity; or the locomotives provided with efficient spark-arresters, or oil used instead of coal. From strictly non-preventable accidents such as lightning, general conflagrations must be exceedingly rare; and thus the cure for the entire evil is within the reach of capable caretakers. Where an efficient forest guard is provided, as experience in European countries and some American States has demonstrated, these disastrous visitations are no longer dreaded. To look on a universal removal of our Nation's tree-wealth as the only remedy, is like the old proposition to drive rats from the granary by burning the barn.

One more illustration will be enough. It is a great advantage to any cause when the opposing advocate can be found in error on any point, no matter how trivial or how far aloof from the essential issue; for then the convenient presumption of "false in one thing, false in all," can be raised, and the weakness of the said cause most effectively disguised. This expedient is at least as good as the famous rule in pleading: "When you have no case, then abuse the plaintiff's attorney." It is readily possible, I dare say, to show that some of our Conservationist champions may have in a few cases underestimated the life yet remaining to our National resources. Estimate in these matters is necessarily uncertain, few or none of the elements of the calculation being well ascertained. This is particularly true of our mineral supply. The time when our coal, for example, may be expected to become practically exhausted cannot be set within a hundred years, for we cannot gauge the stock in veins out of sight, nor foresee the rate at which the use of coal will be accelerated. But it would seem sufficient to know that, at the present rate of extraction (the amount mined in 1906, as the figures show, excelled all previous records, and yet the increase in 1907 over 1906 was more than the total annual supply 10 years earlier), no finite quantity could indefinitely survive; hence more attention must be paid to avoiding the present lavish waste in mining, as well as applying water-power and wind-power wherever adapted to do the work now done by burning coal. These economies should be introduced now from choice, not left till the disappearance of our fuel-supply drives us to them by force. It is a wretched business to allow our boast that "The country's coal supply is good for many hundreds of years yet" to uphold us in the reckless waste we now make of it.

But I attempted to cover the whole field of Conservation in an address at our first Congress, and will not repeat but, in conclusion, will touch upon that form of Conservation which all will concede to be of supreme importance—the Conservation of the most precious asset of the State: its men, women, and children. If the life and health of citizens is sacrificed, by vicious measures or by simple neglect, no saving of any other of our possessions will at all avail us. The importance of efforts, on a National scale, for the maintenance of public health has been proved by ample experience, and we should see to the continuance, and especially to the proper organization, of such efforts. An important step in that direction is the proposed formation of a Department of Health under the Federal Government, as contemplated in the bill so ably championed by Senator Owen at the last session of Congress. Our race is a prey to epidemics which extend far beyond State boundaries, arising from causes that often require long-continued and expensive investigations for their determination and their counteraction; and it is obvious that any effectual work against them must be under charge of the General Government. The clear and cogent reasons for this view have again and again been given by sanitary experts, and it is needless to repeat them. The matter is of sufficient importance to call for action from our Congress, and a resolution favoring a Department of Health, at the National Capital ought surely to meet with no opposition. I would propose the following resolutions:

Resolved, That this Congress declares its hearty approval of the opinion made public last week by our honored Chief Executive, President Taft, that his party and his Administration are pledged "to make better provisions for securing the health of the Nation. The most tangible and useful form that this can take would be the establishment of a National Bureau of Health, to include all the health agencies of the Government now distributed in different departments."

Resolved, That we accept, in principle, the "Health Department" bill of Senator Owen now pending, and strongly recommend that that measure, suitably amended where necessary, be enacted into law.

Resolved, That our Secretary be directed to communicate a resolution advocating a Department of Health to the members of the National Senate and House of Representatives, and that our own membership be urged to use all their individual influence to aid the passage of the measure hereby recommended.

REPORT FROM ARKANSAS

Sid B. Redding Secretary Arkansas Conservation Commission

Progress has been made in the Conservation movement in Arkansas through the recent organization of the Arkansas Conservation Commission. Up to this time we have had no legislation along Conservation lines, and our Conservation Commission is one whose members serve without compensation. The Commission was appointed by our present Governor, and its officers are George W. Donaghey, Chairman, and Sid B. Redding, Secretary. The Commission has effected a permanent organization, and its membership includes some of the leading business and professional men of our State. The Arkansas Legislature will convene in January, 1911, and at that time Governor Donaghey will perhaps recommend legislation covering a fixed Conservation policy for our State.

REPORT FROM COLORADO

Frank C. Goudy President Colorado Conservation Commission

The Colorado Conservation Commission is composed of thirty-six members appointed by the Governor of the State February 17, 1909, with Mr Frank C. Goudy designated as Chairman. The Commission met on call to organize March 11, 1909, at which time Mr Goudy, the Chairman, was elected President of the Commission for the ensuing year, and the following subjects were fixed upon as embracing the general scope of Conservation in Colorado, viz: Lands, Waters, Minerals, Forestry, and Natural History. Standing Committees were appointed and put in charge of these five divisions of labor.

The organization is composed of men holding all shades of opinion concerning Conservation. Some think the Federal Government should turn over to the State all the public domain within its borders, together with its natural resources of every kind; that the State should own and control the public land and all it contains. Others hold that these transfers from the Federal Government to the State should be made, but that they should be subject to conditions to be named in the grant, providing adequate protection against monopoly and other objectionable control. Still others believe there should be cooperation with the General Government, at least until such laws are enacted as will assist in the work of Conservation and until the State is better prepared, financially, to meet the expense necessarily attending such a work. There are many others who believe in the continued Federal control of the public domain and its resources.

Including the first meeting, five sessions have been held, each occupying two days. In connection with the several sessions already held, considerable labor has been performed. Many papers have been read, numerous addresses have been delivered, and the Standing Committees have made sundry carefully prepared reports. Of the papers read, more than half have been given by persons not members of the Commission, not for lack of readiness on the part of our own people, but to divide this feature of the work with the public at large. It has never been difficult to secure speakers either inside or outside of the Commission. The Commission itself is composed of a body of more than ordinary intelligence. The Annual Meeting was marked with a banquet to emphasize the passing of the year. The last meeting, April 18-19, 1910, was devoted entirely to the subject of the water-power resources of the State. Numerous letters from men prominent at Washington were received and read, and five papers were given by persons interested in the subject. All phases of the question were presented, and the most mature thought of the present time was elicited.

One of the duties of the Secretary of the Commission is to take notice of any unlawful waste or destruction of natural resources and report the same to the proper authorities. This work has been sufficiently pursued to disclose a field calling for special attention—one that calls for legislative recognition, authority, and assistance.

It may be of interest to the Congress to know something of the resolutions that have been adopted by this Commission. A brief abstract of the elements of a few will suffice to show how the body stands on the subject of Conservation.

1—A hearty endorsement of the general policy of the Government in control and conservation of the resources of the Nation.

2—Hearty cooperation between the State and Nation in Conservation.

3—That all plans of Conservation should safeguard against monopoly.

4—That in disposing of water-power sites, all franchises should be limited to a reasonable period to prevent monopoly and regulate charges.

5—That in taxing forested lands, no account should be taken of the timber until it is cut and sold.

6—That all afforested lands over one acre and not over ten acres on a tract of 160 acres should be exempt from taxation for a period of ten years.

7—That the State, by proper laws and reasonable appropriations, should cooperate with the General Government in the protection of the forests within the State from fire and lawless depredations of every kind.

Among other things, a committee has been appointed to prepare and submit to the next meeting a brief and clear statement, for general circulation, as to what Conservation is and what it is not; what it stands for, and what it seeks to do. The purpose is to clear away the haze of misunderstanding and misapprehension in the public mind concerning it.

The Commission is about to publish a full report of its proceedings, covering the five sessions already held.

In closing this statement, it may not be out of place to say that nature has been lavish of resources in our State—they are many and abundant, but in a certain measure undeveloped, and, so far, we have had no leisure to take up matters not directly and specifically local to Colorado, except in cases where they are necessarily general.

REPORT FROM FLORIDA

Cromwell Gibbons Florida Conservation Commission

The spirit of Conservation prevaileth everywhere in these modern times, and for the reason that during the past several years vicious attacks have been made upon the National resources throughout the length and breadth of our land, and to such a marvelous extent that our whole people have awakened to the fact that something must be done and at once if we wish to preserve our general resources sufficiently to care for those we expect to come after us, and who are dependent on our country for an honest and successful living. We have been greedy and selfish in the past, and now is the time for us to curb this vicious appetite and think of those who are to come hereafter. Modern times have come to stay, but the spirit of Conservation will grow until we have accomplished the grand results of providing proper protection to our forests, mineral wealth, lands, water-power and waterways, and last but not the least our various climates that God Almighty has given us to conserve the health of our people.

Much is said as to the methods to be adopted and what necessary legislation should take place to obtain actual results of Conservation. The idea of giving absolute control over the forests, the inland waterways, and the public lands confined within the States to the National Government is repugnant to me and I believe to all of the people of my State. It has too much the tinge of centralization of power in the Federal Government, and we have had enough of this already. The notion that giving the States power and control is in favor of the special interests is ridiculous when we look back and know what has already been done by the Federal Government giving away some of its most valuable resources to the trust-monopoly corporations of the country, and we view in comparison what the States have done where they have controlled many of these resources. I have but to call your attention to what we are doing in Florida and have done the past several years in the way of Conservation. We realized some years ago that our public lands were fast being absorbed by the railways operating in our State, and that the time would soon be at hand when our people would be unable to secure homesteads, and immigration to our great State would be unable to place that energy with the soil of our State and bring about the development of resources we were entitled to through the natural course of developments. We had within our borders a vast empire of land, over 4,000,000 acres of fertile land known as the Everglades, all of which was looked upon by the land grabbers as not worth 15 cents an acre; but greatly to his credit, to Governor Napoleon B. Broward, now our nominee for United States Senator, is due the reclamation of this property and a saving to the State of lands now valued at over $35,000,000. Against great political odds and vigorous contests, the policies of Governor Broward were endorsed; and after much litigation through the State and Federal courts we have been able to conserve this vast area of land by drainage under State supervision and at the expense of the State. The policy was greatly doubted, but it has proven a grand success in that the State, securing title to these lands, successfully sold half of the same at a price sufficient to build the necessary dredges and pay for the work of the draining of the entire tract of property by carrying the surplus waters from Lake Okeechobee through the trunk canals to the waters of the Gulf and to Atlantic Ocean. The work that is now going on has accomplished over 100 miles of main canals with locks to preserve sufficient water for the purpose of irrigation in dry spells. When the work is completed, which will be inside of three years, the State will have provided over 275 miles of canals with the lateral canals approaching the properties of the various owners, all of which will not only result in giving the necessary drainage and irrigation but will also furnish water transportation to the Gulf and to the inland water route from Key West to Jacksonville (a distance of about 500 miles), as well as deep-sea connections at the various ports along this route. By this State Conservation we are giving to the people one of the richest bodies of fertile lands in the United States, a territory greater than the States of Rhode Island and Connecticut combined, every inch of which will grow either sugar-cane or truck of all kinds through winter and summer. These lands will produce at least three crops a year, and to the industrious citizen who desires to live in a country that will give renewed youth and a climate unexcelled and a living independent of the world. I know of none that can be found better located to give the results than this vast empire known as the Everglades, so promptly conserved by our State Government and our people.

We are also interested in another line of Conservation, and that is the preservation of our pine forests and the prohibiting of the destruction of our sapling trees which have been attacked by those who are greedy for wealth and have no regard for the future. Much will be accomplished in this direction, as our people are absolutely opposed to the complete destruction of the forests, as it will provide no future for our timber markets; and destruction of our pine forests would undoubtedly affect our climate, which by all means should be conserved as well as the timber for the building of our homes of the future.

It may be as well for me to call your special attention to the fact that, in addition to this great work of Conservation I have related in reference to the saving of public land and our efforts in the direction of saving the forests, our State has for several years aided in a public way in the building of the great inland waterway along the Atlantic coast within the State of Florida. These canals have been made during the past 15 years, until now we have a thorough water route from Saint John's River southward connecting streams and inlets until there has been dug over 300 miles of canal, giving this great waterway and enabling the people along the eastern coast sections a cheap means of transportation to the railway center of the State at Jacksonville.

I think that we have done our part toward Conservation, and all under the jurisdiction and authority of our State. There has been no effort at graft, but all have worked in harmony in the interests of the public welfare, thus demonstrating (so far as Florida is concerned) that she is able to control her own affairs; and all she asks of the National Government is its aid and assistance.

REPORT FROM IDAHO

Jerome J. Day

We believe that, in the interest of the United States and the State of Idaho, the agricultural land within the forest reserves of Idaho should be opened to settlement and made available for home building; and that the decision as to whether land is good agricultural land or not should be referred to those who are primarily agriculturists, rather than to those who are primarily arboriculturists, and to those who are familiar with farming in Idaho rather than to those who are familiar only with farming in general.

We believe that the protection of the forests of Idaho and the safety of life and property in Idaho require that good roads be built along the lines of streams leading into the heart of the forest reserves; and that the land along these roads, whether valuable for agriculture, timber, or mineral, should be open to entry, with such provisions in relation to habitation and improvement as will secure the presence, between the months of June and September, of a local fire-fighting force, consisting of men who know the country, have a financial interest in the locality, and are skilled in the use of the axe and in methods of fighting a forest fire.

We believe in the separate classification of coal lands, oil lands, phosphate and mineral lands; and we believe in the administration of those lands in such a way as to prevent waste, promote safety in mining, and defeat monopoly. We do not believe in a policy for revenue in relation to these lands. The revenues to be derived should be incidental, and belong of right to the State of Idaho.

We believe in the cooperation of the State and the National Government in the conservation and utilization of the water-power within the State of Idaho.

We will recommend that the Governor of Idaho call a convention or congress to consider questions relating to home Conservation in Idaho, and to recommend policies and legislation and a system of administration for all forms of public wealth that lie within the borders of the State.

REPORT FROM INDIANA

A. E. Metzger Indiana Conservation Commission

The Indiana Conservation Commission was appointed by former Governor Frank P. Hawley shortly before he left the gubernatorial chair. The Commission as appointed by Governor Thomas R. Marshall, his successor, consists of nine members with Mr Henry Riesenberg as chairman. The Commission, through its chairman, made an effort to get a bill through the Legislature, making an appropriation for the use of the Commission, but it failed to pass. Governor Marshall was repeatedly urged to set aside a small sum out of the contingent fund so that an investigation could be made and published, but this the Governor has repeatedly declined to do, and it is thought he is not very favorably disposed toward the cause of Conservation. Having no means the Commission could do absolutely nothing, and hence may be said to be in a state of "innocuous desuetude."

Mr Riesenberg, the chairman, has, however, lectured on the subject throughout the State, visiting many points, giving his time freely and defraying the expenses out of his own pocket. He has also written innumerable articles for the papers of Indiana, and these, together with his lectures, have served to keep the subject alive; and Indianians are probably as well informed and as fully alive to the subject as people in any other State.

REPORT FROM IOWA

A. C. Miller Chairman Iowa State Drainage, Waterways and Conservation Commission

I have been asked to prepare for your consideration and information a history of the Conservation movement in Iowa, reviewing briefly the work done by the State Drainage, Waterways and Conservation Commission.

The sentiment toward the Conservation of our natural resources has been developing gradually for a number of years, keeping pace with the development that has been aroused throughout the country. So far as Iowa is concerned, it was augmented greatly through the efforts of the commercial bodies throughout the State, and especially of those of the city of Des Moines, when during the year 1907 they inaugurated a movement which had for its object the securing of an appropriation by Congress to be used in surveying three of our principal streams in order that we might determine whether or not they were subject to improvement for navigation, and for the further purpose of ascertaining the value of the water-power which might be developed if the rivers were improved for navigation.

Great interest was manifested by our people, and we were finally successful in securing an appropriation by Congress for a survey of the larger of the three rivers, the Des Moines; and the United States Government has at this time a corps of some 30 engineers at work. They expect to finish their work early in 1911.

The Thirty-third General Assembly of Iowa convened in December, 1908, and remained in session until the following spring. The sentiment had been aroused to such an extent at this time that there seemed to be a general demand for the creation of some kind of a Commission to take these matters up and work them out intelligently for the good of our people and report with recommendations to the next General Assembly. It seemed hard, however, for all to unite on a general plan. Portions of our State demanded a Commission for dealing with the question of drainage only, leaving it to other Commissions to handle the question of water transportations, forestry, and water-power. A compromise was finally made, and this Commission was created. It is composed of seven members appointed by the Governor: A. C. Miller, Chairman, L. W. Anderson, E. A. Burgess, A. F. Frudden, T. W. Keerl, Thomas H. McBride, and W. H. Stevenson.

Duties Defined

First—To investigate the present condition of public drainage in Iowa and the benefits which can be derived from the best drainage engineering practice, the most economical administration of drainage projects, and a more economical best method of procedure to bring about the development of the water-power of those benefits may be secured.

Second—To investigate the present condition of all overflow of flood-plain lands of Iowa, showing losses due to floods in the destruction of farm crops, the losses due to the destruction of property in the cities and towns and built-up districts, the losses due to the withdrawal from crop cultivation of such flooded lands, and recommending the proper methods of preventing such flood conditions.

Third—To investigate and survey at least one representative Iowa river to ascertain the available dam sites and the potential water-power and report the best method of procedure to bring about the development of the water-powers of the State, at the same time retaining the ultimate control of the water supply as a property of the State.

Fourth—To cooperate with the United States survey provided by act of Congress and investigate the possibilities of navigation upon the rivers or upon adjoining lands by canal, and to secure the aid of the Government experts when practicable in the several matters investigated by this Commission.

Fifth—To investigate the questions of forests and their preservation and culture in the State, especially with reference to the influence of forests on the flood conditions of the rivers and the erosion and waste of the soils.

Sixth—It is the clear intent and purpose of the act providing for the Commission that the close interrelation of the several phases of river development shall be shown, and the necessity for a broad, comprehensive treatment of our rivers shall be studied and reported upon.

Seventh—The general question of the relation of the State to the preservation of the fertility of the Iowa soils.

Eighth—The general question of the wise and conservative development and use of the mineral resources of the State, especially with reference to the mining of coal.

Ninth—The general question of the nature and condition of such lakes in Iowa as now belong to the State, and the relation of lakes and streams to the preservation of such varieties of fish, birds, and native animals as are desirable which now belong to the State.

Members Serve Without Pay

We have but $5,000 to carry on the expenses of our two years' work. Out of this must be paid our secretary and office expenses, and the cost of printing our reports and whatever field work is done by the engineers. It would seem that the great State of Iowa, producing annually more than $600,000,000 of wealth could well afford to have been more liberal in appropriating for this work. The task assigned surely is no small one.

Work of the Commission

We have begun to compile our report for the printers, and expect to present a report that will be valuable for future reference and we hope of much interest to our people.

We have investigated the drainage conditions over the State quite extensively, and undertaken to ascertain the number of acres of land not available for agriculture through lack of drainage. We will have recommendations to make pertaining to this question, but have not yet worked out any plan for financing cost at reduced rates. This will be considered later, but the Iowa farmer has money and is not so much interested in having the interest rates for carrying his debt reduced, as he is in getting the first cost reduced.

Water-Power

We have investigated and surveyed a number of water-power sites and are more and more impressed with the importance of the State looking after them and seeing that the control does not slip away. No estimate has yet been made as to the value of the undeveloped water-power of the State, but I will venture that it will be shown to be several millions of dollars. If not looked after, it will be but a short time until it will be under the control of individuals or private corporations. Almost invariably wherever our engineers have gone, they either find the engineer for some crowd of individuals—for some corporation—on the job, or find that he has preceded them. I will cite one example in our State: On Cedar River, at Moscow, individuals are planning the construction of a great dam which will store an immense body of water. They have 7,500 acres of land already acquired, adding greatly to the power developed by the natural flow of the river itself. When this dam is completed, it will turn from the channel into a canal practically the entire discharge of the river at low stage, carrying it around the country to the city of Muscatine, with an average fall of about ninety feet, developing 25,000 horse-power, and finally discharging the water into the Mississippi, never returning to the original channel from which it was taken. A syndicate plans to finance this proposition on a basis of $3,000,000, and if unmolested the probability is that it will be carried out successfully. The Commission, however, is powerless, being a temporary creation with its duties defined. We, therefore, can only call attention in our report and urge upon our Legislature that it take some action toward protecting our people in their rights in these matters.

We are working in perfect harmony with the United States Government engineers who are on the Des Moines River work at this time. We expect much from them in the way of information that we can use in our report. Iowa is interested in some 900 miles of navigable streams, either touched by her borders or within her territory, and we hope some day to again reap the benefit of being able to load and unload freight at docks within the corporate limits of our beautiful capital city, as we did for many years in its early history; and not only Des Moines but all the cities bordering on the great Mississippi or the equally great Missouri.

Iowa occupies a proud position among the States today, rich in fertile soil, rich in minerals, coals, and shales, blessed with a happy and contented people; if given the benefit of improved waterways like the Mississippi, the Ohio, and the Missouri, making them great highways; and if at the same time permitted to improve our tributary rivers and the water-powers of this great Central West, it will make a mighty empire of itself—and Iowa, magnificent State that she is, will be in the center of it all.

We are not yet so far advanced with our work that I am able to tell you what the Commission will or will not recommend to the next Legislature. I am firm in the belief that a permanent Commission should be created, with a liberal appropriation for carrying forward the work. Possibly the field now covered by our Commission should be divided. It would seem that the drainage interests of the State would be of sufficient importance to justify the employment of a State engineer, and possibly the question of drainage would receive the entire attention of some State board. There is a great work that can be done by our Commission in the future if the State should see fit to make it permanent and appropriate the money to carry forward the work. The beautifying of our meandered lakes is something that is attracting the attention of our people, and would prove a popular move if started. They are also becoming much interested in the treatment and handling of soils, and much good would ultimately result to our farmers if this phase of Conservation was handled intelligently and carefully. Professor Stevenson, of the Iowa State Agricultural College, a member of this Commission, is recognized as an expert in this line of Conservation work, and I believe that his part of the report when published will be instructive and interesting. I can only hope that enough interest will be aroused throughout our State to influence the next Legislature to put the Commission on a permanent basis, furnishing the means to carry on the great work.

REPORT FROM LOUISIANA

Henry E. Hardtner Chairman Louisiana Conservation Commission

Louisiana was the first State to create a commission for the Conservation of Natural Resources by legislative enactment, and enjoys the proud distinction of being the first to enact sane and comprehensive laws tending to conserve, protect, and perpetuate the natural resources of the State. In 1908 the Legislature created a Conservation Commission, whose duty it was to report to the Legislature in 1910 as to the conditions of the various resources and to recommend necessary laws for their use and preservation.

The Commission went to work with a will, holding meetings all over the State for the purpose of arousing the people and educating them in the great work. The lumbermen were our friends from the beginning; so were the owners of timber lands, and operators in the production of oil, gas, sulphur, and salt; the farmers dependent on the streams for irrigation purposes soon saw the benefit to be derived from a policy that would protect and perpetuate our natural resources, and also gave us their hearty cooperation. This great work accomplished, the people as a whole soon realized that 80 percent of the proceeds of the forests and rivers was expended for labor and supplies, and joined heartily in the movement; and thus we were prepared to ask the Legislature that certain laws be enacted.

Honorable Harry Gamble, our efficient Secretary (and a member of the Commission) prepared the various acts, and with such care that they will stand the test of any court. It was my pleasure as a member of the Legislature from the newly created parish of Lasalle to introduce and handle a number of the Conservation measures. Governor Sanders, one of the greatest men in the United States, who recently resigned a United States senatorship to which he had been unanimously elected because the people needed him at the helm of the State Government, gave his hearty support to every measure bearing on Conservation. But with all the serious obstacles removed, and the advantage of a friendly administration, our bills could not be made effective without a constitutional amendment; and so we faced a real crisis.

In order to raise a sufficient fund to protect our forests from fires and for reforestation purposes, and to prevent the gas and oil fields from being recklessly exploited and wasted, it was necessary to levy a license-tax on timber and minerals severed from the soil. Our resources being in the hands of individuals and corporations, it was just and proper that they contribute to the cost of the work for preserving their properties, and the people through the State would enact and carry such laws into effect as would benefit all. To pass a constitutional amendment is not any easy matter; and thus the real work began. The Constitution of the State, which provided for a license-tax on nearly every profession or business, had left out lumber and minerals, probably because it has only been in recent years that there was any development along such lines. That part of the amendment referring to natural resources was as follows: "Those engaged in severing natural resources, as timber or minerals, from the soil or water, whether they thereafter convert them by manufacturing or not, may also be rendered liable to a license-tax, but in this case the amount to be collected may either be graduated or fixed according to the quantity or value of the product at the place where it is severed."

When the amendment came up for final passage I spoke in part as follows: "The whole Conservation program as recommended by the Conservation Commission, of which I had the honor to be chairman, is dependent on this amendment of Article 229 of the Constitution. In carrying out the idea of Conservation, as in carrying out any other governmental policy, it is necessary to raise money. In order to introduce a forestry system and to protect your forests from fires, it is necessary to have money to employ persons informed along these lines whose special duty it will be to look after that kind of business. Now in order to do this, it seems no more than fair that the persons who are profiting by the depletion of our natural resources should contribute to the payment of these bills; but before that can be done, it is necessary to change the Constitution.

"Article 229, as originally made, exempts manufacturers. Notwithstanding this fact, in 1902 a general license act was passed in which the Legislature, in their wisdom, saw fit to levy a license-tax on the manufacture of lumber. When it was attempted to collect this tax, it was carried to the Supreme Court which held that a license-tax levied on the manufacture of lumber could not be collected for the reason that manufacturers were exempt under Article 229, and the sawing of lumber was a manufacturing business. The court did not say that the attempt of the Legislature to levy a license-tax on the manufacture of lumber was inequitable or unjust, but merely that it was unconstitutional according to Article 229. This bill, from and including lines 12 to 24, attempts to change the Constitution so that the tax may be levied on the severing of trees from the soil. It is to be noticed that there is no attempt to levy a license-tax on the manufacture of lumber, but it is proposed to change the Constitution so that the license-tax may be levied on the cutting down of trees in forests.

"As stated before, the Conservation Commission, after having investigated this question for two years and examined the laws not only of the United States but of foreign countries, has reached the conclusion that those persons who are engaged in the exhaustion of the natural resources of the State, in justice to the State which permits them to do business under this law, in justice to the people, and in justice to future generations of the State, should bear a slight additional tax in order to restore and protect those resources.

"This, Gentlemen, is the reason why you are asked to change Article 229 of the Constitution. You are already acquainted with the facts connected with the natural resource depletion of this State, and I will not now discuss that question. I am simply explaining to you, to the best of my ability, the necessity of changing the Constitution as proposed in this bill in order that we may have the proper source to raise a revenue in order to carry out Conservation policies."

We succeeded in passing the amendment, and then passed the License-tax or Revenue Act which provides the following taxes: ³/₄ cent per 1,000 feet log scale on fine and hardwoods severed from the soil; 1 cent per 100 stave bolts; ³/₁₀ cent for each telegraph and telephone pole; 1 cent each for piles; ¹/₈ cent per cup per year for extracting turpentine from growing trees; for production of oil, ²/₅ cent per barrel; for natural gas, ¹/₅ cent per 10,000 cubic feet; for mining sulphur, 2 cents per ton; for mining salt, ¹/₅ cent per ton. The license-tax on timber will yield about $20,000 annually, and the same amount will accrue from mines and mining. The Conservation Commission will use these funds for the protection and perpetuation of the State's natural resources.

The Forestry bill, which we consider a good one, was then passed. There are no restrictions as to size-limit in cutting timber. Ample provisions are made for a complete fire patrol system and methods for preventing loss by fires. In Louisiana and all southern States, denuded lands will reforest naturally if fires are prevented, and a good crop can be grown in from 25 to 40 years. For any one who will engage in the business of growing timber, especial inducements are held out. The assessment on the land is fixed at $1.00 per acre for 30 or 40 years, and the growing timber is not taxed during that period. The Deputy Forester must be a man practically and theoretically educated in silviculture, and under the State Forester has supervision of forestry work. Consent is also given to the United States to acquire by gift or purchase not exceeding 100,000 acres for a National forest reserve; the State may also acquire by gift or purchase lands for forest reserves.

Act 254 provides for the establishment of a department of mining and minerals, including oil and gas production, authorizing the prohibition of unsafe and wasteful mining and the appointment of a supervisor of minerals on recommendation of the Conservation Commission.

Act 265 to "establish a Board of Commissioners for the protection of Birds, Game, and Fish," empowers them to employ wardens, officers, and assistants, and to provide means to carry the Act into effect; gives them complete control and management of all the waters of the State, such as the Gulf of Mexico (within the jurisdiction of the State), all lakes, bays, sounds, rivers, streams, passes, bayous, creeks, lagoons, and ponds by granting management and control of all fish, shell-fish, oysters, diamond-back terrapin, turtles, shrimp, crabs, and alligators; and provides for oyster, game, and fish reserves by granting them control of birds, game, and fur-bearing animals, etc. Birds, game, and fish are among the greatest natural resources of the State, yielding an enormous food supply and a large revenue.

Act 57 declares that waters found in the bayous, lagoons, lakes, bays, and rivers to be the property of the State. The idea is that the State will not permit any one to create a monopoly of this resource, which belongs to the people.

Act 280 provided for the creation of a Commission for the Conservation of Natural Resources.

Act 333 provided for conservation of natural gas and oil by preventing waste.

A number of other Conservation measures were enacted into laws, 29 in all, but I cannot touch upon them at this time.

We are proud of our success in inaugurating safe and sane policies for Conservation; we are proud of our Governor, J. Y. Sanders, who urged the passage of the various bills; we are proud of our lumbermen, timber owners, gas and oil operators, and miners who recognized the need for Conservation and the justness of our bills, and assisted in their passage. And above all we are proud of our people as a whole, who are so wide-awake on the question of Conservation of natural resources.

REPORT FROM MAINE

Cyrus C. Babb District Engineer Maine State Water-Storage Commission

The two principal resources of the State of Maine are its forests and its water-powers. Of its total area of 30,000 square miles, 21,000 square miles, or 70 percent are in forest lands. Over 1500 lakes and ponds are located in the State, covering 2200 square miles of water surface, and not including the innumerable little ponds of an acre or two in area that are located in all directions. There are in the State one lake to each 20 square miles of territory, and one square mile of lake surface to each 14.3 square miles of territorial area.

Although the State ranks 35 in area, and 30 in population, it ranks third in the Union in water-power development, having, according to the U. S. Census, a total of over 343,000 horsepower in use. It is surpassed only by New York and California in total horsepower.

The State has always conserved its water-power. The Supreme Judicial Court of the State has held as follows:

It is a rule of law peculiar to this State and Massachusetts under the Colonial Ordinance of 1641-7 that all great ponds—that is ponds containing more than 10 acres—are owned by the State.

While private property cannot be taken for public use without compensation, the waters of great ponds and lakes are not private property.

Under the ordinance, the State owns the ponds as public property held in trust for public uses. It has not only the jus privatum, the ownership of the soil, but also the jus publicum, and the right to control and regulate the public uses to which the ponds shall be applied.

The authority of the State to control waters of great ponds and determine the uses to which they may be applied is a governmental power, and the governmental powers of the State are never lost by mere non-use.

Early Investigation

Maine has always been in the forefront in the investigation and conservation of its resources. Thirty years before the National Government authorized its first geological investigations, and over forty years before the Federal Geological Survey was established, the State of Maine had made such a survey. By Act of the State Legislature, March 28, 1836, a geological survey of the State was authorized under the direction of Dr Charles T. Jackson, State Geologist. The investigation was continued for three years. The results of this geological survey, considering the difficulties of transportation at that time and the non-existence of accurate maps, are interesting.

A detail survey and report on the natural history and geology of the State was made in 1861 and 1862 by Ezekiel Holmes, Naturalist, and C. H. Hitchcock, Geologist. Reports were made on the zoology and botany of the State, but the most interesting and detailed reports treated of the geological resources.

A hydrographic survey of the State was authorized by the Legislature as early as 1867. The resulting report of Mr Walter Wells is considered as authority even to the present day.

Present Organizations

At the present time there are two organizations in this State working along geological, topographic, and hydrographic lines. They are known as the Maine State Survey Commission, and the Maine State Water-Storage Commission. The first organization was authorized by Act of the State Legislature March 16, 1899. Its powers were subsequently amended and enlarged by an Act approved March 23, 1905. It is authorized to cooperate with the U. S. Geological Survey, and its work includes the topographic and geological surveys of the State.

The creation of the State Water-Storage Commission was authorized by Act of the Legislature April 2, 1909. His Excellency, Governor Fernald, at the Conference of Governors in May, 1908, was so impressed with the importance of the objects and recommendations there brought forth that, at the next meeting of the State Legislature, he advocated and finally approved the Act creating said Commission. This Commission is directed to collect information relating to the water-powers of the State, the flow of rivers and their drainage area, the location, nature, and size of the lakes and ponds in the State, and their respective value and capacity as storage reservoirs, with a view to conserving and increasing the capacity of the water-powers of the State. The Act further provides that every person, firm, or corporation before commencing the erection of a dam for the purpose of developing any water-power in the State, or the creation or improvement of a storage reservoir, shall file with the Commission certain prescribed engineering plans.

The first report of the Commission to the Legislature is asked to show, in so far as time will allow, a comprehensive and practical plan for the creation of such water-storage reservoirs as will tend to develop and conserve the water-powers of the State, and to report the necessary steps that should be taken by the State to further conserve and increase them. The Commission is further requested to ascertain what lands can be purchased by the State and the cost thereof, with information as to their value as forest reserves or for conserving the water-powers of the State, or for reforestation; and further to investigate the question of denuded, burnt-over, or barren lands in the State, and their extent and value, with a view to their purchase by the State for reforestation.

By an agreement dated December 1, 1909, between the Director of the U. S. Geological Survey, the Chairman of the State Survey Commission and the Chairman of the State Water-Storage Commission, the work of the three organizations in the State is brought under one direction. This agreement provides for a cooperative survey of the natural resources of the State; that said survey shall include the continuation of topographic mapping, a determination of the amount and availability of water resources, their present development and the best methods of their future utilization; also the further determination of geologic resources. The executive officer, under the terms of this agreement, is a duly appointed employee of the U. S. Geological Survey, with the title of District Engineer.

State Highway Department

This department was authorized by legislative Act of 1907. The appropriation for the work is based on a tax of ¹/₃ mill on the State valuation. Provision is made in the law whereby the State will aid financially, on a sliding scale, the various towns if they raise money for highway construction purposes. On the average it may be said that for every dollar appropriated by a town, the State will pay an additional dollar. The law further provides for a limitation of the amount that the towns may raise for this purpose, based on the valuation of said town. The sliding scale of appropriation by the State is as follows: to towns having a valuation of $200,000 or less, the State will pay two dollars for each dollar appropriated by said towns; to each town having a valuation of over $200,000 and less than $1,000,000, one dollar for each dollar appropriated by said town; to towns having a valuation of over $1,000,000 and less than $1,200,000, ninety-two cents; to towns having a valuation of over $1,200,000 and not exceeding $1,400,000, eighty-five cents; to towns having a valuation of over $1,400,000 and not exceeding $1,600,000, eighty cents; to towns having a valuation of $1,600,000 and over, seventy-five cents for each dollar appropriated by the town; and to unincorporated townships, one dollar for each dollar appropriated.

State Forestry Department

This department was created by legislative Act of 1891 through the appointment of the State Land Agent as Forest Commissioner. This Commissioner is directed to institute an inquiry and to report as to the extent to which the forests of the State are being destroyed by fires and by wasteful cuttings, and the effect of such action on the watersheds of the lakes and rivers and on the water-powers of the State. His principal duties, however, are the supervision and control of measures for the prevention and extinguishment of forest fires in all plantations and unorganized townships in the State. An efficient fire-fighting organization is now in operation in the State under this department, and during recent years valuable tracts of timber have been saved that would otherwise have been destroyed.

Other Organizations

There are other departments and organizations that are doing very valuable work in the preservation of the natural resources of the State of Maine. Many pages could be written on their results but at present a number of them will only be mentioned by name. Included in this list are the Departments of Inland Fisheries and Game, Department of Agriculture, Bureau of Industrial and Labor Statistics, State Board of Health, and Department of Harbor and Tidal Waters.

REPORT FROM MASSACHUSETTS

Frank William Rane State Forester Henry H. Sprague Chairman Metropolitan Water and Sewerage Board

While we do not have an authorized Conservation Commission in Massachusetts, we nevertheless have many wide-awake and active State officials and commissions in charge of work which in the total answers the same purpose to the Commonwealth.

Massachusetts is noted for her excellent roads, and she is constantly enlarging the mileage. The Fish and Game Commission is perfecting our laws and encouraging modern protection and management of both fish and game. The propagation and dissemination of each is a large part of their work.

General agriculture is undoubtedly improving and various rural industries such as apple raising, cranberry growing, asparagus culture, and various specialties are receiving renewed attention. The State Agricultural College is growing in influence and value to the State.

The increasing population of the State has made it necessary to set apart and protect many of the ponds and streams throughout the Commonwealth for the purpose of water supply. During the past fifteen years the Commonwealth has expended more than $41,000,000 for the acquisition and construction of Metropolitan works in order to provide the city of Boston and surrounding municipalities with water. One of the storage reservoirs constructed for the "Metropolitan District" is the largest reservoir in the world built up to the present time for the purpose of providing domestic water supply. Large sums have been spent not only for the direct protection of the reservoirs from pollution, but also in acquiring and improving large marginal areas of woodland, and in the planting with trees of many hundreds of acres of cleared lands which have been acquired. Cities and towns outside of the Metropolitan District have made and are making like provisions for obtaining and preserving their water supplies.

Under recent legislation the gradual metering of all water services in the Metropolitan District is required, and more vigorous inspection has been introduced; so that in the past year or two a material reduction in the total consumption has been effected notwithstanding the increasing number of water takers.

In the building of the great Wachusett reservoir for the Metropolitan Water-works provision has been made for the utilization of the power which may be generated by the fall of the water over the dam to the level of the aqueduct through which the water is conveyed into the Metropolitan District. Machinery for a power plant is about to be installed in the power house already erected, by which it is estimated that from 2500 to 3000 horsepower may be generated and disposed of, not only at a profit to the District, but also to the advantage of the local industries.

While the State has permitted the taking, for the benefit of the municipalities, of the necessary sources of water supply by the exercise of the power of eminent domain, it has adopted the policy of compelling the husbanding of the waters by the prevention of unnecessary and wasteful consumption, and of utilizing the power generated by water works for the benefit alike of the works of the mechanical industries of the Commonwealth.

For conserving forest, park, and shade trees, Massachusetts has undertaken the great task of suppressing the ravages of the gypsy and browntail moths. This work has now extended over a period of years, and eminent entomologists concede that nothing equal to this undertaking has ever before been attempted. As many as 2700 men at one time have been employed by the State in this work. Massachusetts has spent millions of dollars in the work, and it is not only a protection to our own people but equally prevents the dissemination of these pests to other States. Parasites have been collected and introduced from foreign countries, and everything possible undertaken to assist in the work. Our improved high-power spraying machines with new and improved devices for destroying these insects will undoubtedly prove of great value in future spraying undertakings throughout the Nation.

The forestry work meets with continued whole-hearted support at the hands of our people. The work of reforestation is becoming more popular each year, and great good is bound to result therefrom. Our forest fire laws are proving to be workable and hence practical. The poorer towns are receiving State aid in the purchase of fire-fighting equipment, and the wealthier towns are equipping themselves. The past year, as heretofore, the Legislature has been inclined to assist the State Forester in his various endeavors.

REPORT FROM MISSOURI

Hermann Von Schrenk Chairman Missouri State Forest Commission

The Forest Commission of the State of Missouri was appointed a year ago for the purpose of making recommendations to the Governor concerning a future forestry policy for the State.

The Commission, after a thorough study of the conditions prevailing in the State, prepared a report to the Governor, the principal feature of which was the recommendation that a State Forest Board be established with a State Forester. In submitting its report to the Governor, the Commission suggested a bill, modeled after what appeared to be the best laws already in force in other States. The Commission called particular attention to the necessity for establishing fire guards and doing educational work among the people of the State. The report and the bill were sent to the Legislature by the Governor with a strong recommendation that the bill be passed. Owing to the enormous amount of other business on hand and the lateness in the year, the Legislature did not have time to fully consider the bill, and it will come up again at the next session.

The Commission has investigated the forest resources of the State in a general way, and feels that there is a large field for the work of perpetuating forests, especially in some parts of the State where the land is more or less unfit for agricultural purposes. The Commission has furthermore planned the organization of a State Conservation Association, this to be organized sometime this fall along lines similar to those of Associations already existing in many States.

While the Conservation work of this State is as yet in its infancy, the general interest awakened is very large, and the Commission anticipates large practical results during the coming year.

REPORT FROM MONTANA

Rudolph von Tobel Chairman Montana State Conservation Commission

Probably none of the Governors of States who attended the Conference of Governors called by President Roosevelt in May, 1908, returned to their constituents more thoroughly imbued with the principles of Conservation, or more fully determined to put those principles into practice in this State, than Governor Norris, of Montana. Almost immediately, acting on the suggestion of Governor Folk at the Conference, he appointed a Forestry Commission, consisting of Judge Lew A. Callaway, of Virginia City, Ex-Governor Robert B. Smith, of Kalispell, and Ex-Senator Paris Gibson, of Great Falls.

It soon became apparent to Governor Norris, in view of the most unsatisfactory condition of the land laws of the State, that there was work along the lines of Conservation of a broader scope than was comprehended in the plans laid down for the Forestry Commission, and he appointed what was known as the State Lands Commission, which was expected to draft a bill covering all State lands, except timber lands, to present to the Legislature. This Commission consisted of Honorable David Hilger, of Lewistown, Ex-Governor B. F. White, of Dillon, and Honorable Charles S. Hartman, of Bozeman. Subsequently, Mr E. M. Brandagee, of Helena, was appointed to fill the vacancy on the Forestry Commission caused by the death of Ex-Governor Smith, and Mr Rudolf von Tobel, of Lewistown, was appointed on the Land Commission to fill the vacancy caused by the resignation of Mr Hartman.

After several meetings had been held by each of these Commissions, it was found impracticable to separate the work of the two without duplicating much of it and causing some conflict; so the two were consolidated, and thereafter worked together in the preparation of a bill covering the entire land holdings of the State to present to the Legislature. Such a bill was prepared, submitted, and passed by the Legislature, and approved by the Governor, March 19, 1909, and is now the law of the State.

This Act places all State lands under the control of the State Board of Land Commissioners, consisting of the Governor, Secretary of State, Attorney General, and Superintendent of Public Instruction. It provides for the appointment of a Register of the State Land Office, a State Land Agent, a State Forester, and other minor officials. The duties of the Register are to attend to the sale of lands, and he is the chief of the office. The State Land Agent's duties are, generally, to examine all lands in the field; and the State Forester has general charge of the timber lands of the State.

The Act further provides that no timber land shall ever be sold, except only such as, after being cleared, would be more valuable as agricultural land, than it would be for the growing of timber; and that only the merchantable timber in the forests of the State shall be sold from time to time. It also provides for the reforestation of the lands as occasion may require. The State Forester is made the general Fire Warden of the State, and the Deputy Forester, all peace officers, and the Game Wardens, are made Deputy Fire Wardens, charged with the duty of protecting the forests of the State, all being liable to forfeiture of office for neglect.

The Act provides for prohibiting the sale of lands known to be coal lands, and provides that mines may be opened in the coal lands of the State and worked on the royalty basis, the minimum royalty being fixed at ten cents per ton; it provides that every patent issued for State lands shall reserve to the State the coal, oil, gas, and other minerals contained therein, with the right to enter upon the land and extract the same: thus reserving to the State all coal and other minerals in State lands, whether the same are known at the present time to exist or not. It also provides for the location of water-rights by the State for irrigation of State lands and provides for the location of mining claims on State lands in practically the same manner as it provided for the location of such claims under the Federal Statutes.

This, in brief, is an outline of the work accomplished by the Commission.

Owing to the facts that the timber lands of the State are not in one compact body and that large tracts of timber land lying adjacent to the State forests are owned by private parties and corporations, the experiences of the past summer in fighting forest fires, has demonstrated that all owners are not equally interested in preventing the destruction of the timber upon their lands; at any rate that they are not equally willing to pay the expense of preserving it. It was found that while some few corporations, owning large tracts of timber land, furnished their quota of men and money to protect their interests, by far the larger number either declined or neglected to furnish either, throwing upon the State the burden of protecting the timber of private owners in order to protect State property; and it is the intention of the Commission to recommend and urge upon the Legislature the passage of an Act requiring private owners of timber land to protect their forests, and in case of their failure or neglect to do so, authorizing the State to do so and to charge the expense thereof to the land.

Inasmuch as the State has a large quantity of timber land within the National forests which is unsurveyed, and which if surveyed would be school sections, but which the Secretary of the Interior has decided belongs to the National Government until surveyed, the State derives no benefit whatever from the land and will not derive any until the same has been officially surveyed. The Commission proposes to recommend the passage of an Act ceding to the Federal Government all of the lands within the National Forests which would be school section, upon Congress granting to the State a like area of equally good timber land, in one or more compact bodies so located that the State can obtain some benefit therefrom. This method of handling the matter, I understand, was favorably considered by Mr Pinchot while in office, and also by President Taft.

The Commission also has in mind the preparation of a bill looking to the conservation of the waters of the State. While Montana has many valuable water-powers, most of which are still undeveloped, the principal use of water in the State is, and always must be, for the irrigation of the land; nevertheless, much of the water of the State is available for power purposes which could not be made available for irrigation. Under a long line of decisions of the Supreme Court of the United States, beginning with the case of Martin vs. Waddell (16 Peters, 367) decided by Chief Justice Taney in 1842, down to the case of Kansas vs. Colorado (206, U. S.), the beds of all navigable streams below high-water mark, together with the waters flowing over them, belong absolutely to the State, subject only to the right of Congress to regulate commerce, and are subject to State control. On the other hand, the land bordering upon such streams all belonged to the general Government originally, and in many places available for power sites the lands bordering on the streams still belong to the General Government. In order to develop these power sites the work must be undertaken by both State and Nation, or by their joint consent; and it is hoped that some legislation may be secured in the State and in Congress regulating this joint control. Much has been said and written in regard to the compensation due the Government, either State or Nation, from the owners of developed power sites such as we have in Montana; but the Montana Commission is more interested in the power to regulate rates than in the power to exact compensation for the use of the waters, for the reason that all compensation paid to the Government must eventually come from the consumer, and in any event would be comparatively small, while the regulation of rates to the consumer is the only power necessary to complete control and the prevention of monopoly—although it is believed that some compensation should be exacted. Such legislation would eventually conserve the undeveloped water-powers of the State, but other questions arise as to those sites which have already been developed.

There are four dams across the Missouri river in Montana, either completed or in process of construction, each of which utilizes, or is intended to utilize, the entire flow of the river. All of these powers were developed under special Acts of Congress passed after Montana became a State; but in no case was the consent of the State obtained, or even sought. The Commission has not yet decided whether it will attempt to bring these developed powers under State control or not, and of course has not devised any method of doing so (in case it should be deemed advisable to attempt it), although individual members of the Commission—including the writer—have expressed themselves as decidedly of the opinion that the owners of these developed powers, not having obtained any consent from the State for the construction of their dams or for the use of the water, may be brought under State control. The Montana Commission looks upon this water conservation as its main work for the immediate future.

On the whole, the Commission feels that it has already accomplished considerable in the way of practical Conservation, but that there is much more to be done, some of which it hopes to be able to accomplish at the coming session of the Legislature during the first of the coming year.

REPORT FROM NEW MEXICO

Colonel W. A. Fleming Jones

I come from a Territory that for sixty years has been knocking at the doors of Congress, seeking admission to the sisterhood of States. The treaty of Guadalupe Hidalgo provided that our Territory should be admitted to Statehood "at the proper time" (which was to be judged by the Congress of the United States), and to the enjoyment of all the rights of citizens of the United States according to the principles of the Constitution. The implied requisites for admission are population, taxable wealth, and the desire of Statehood. All of these we have in abundance, including a population that exceeds by far that of any of the States at the time of their admission, with the single exception of Oklahoma, and something that is by no means generally known is the fact that our Territory has fewer foreign-born citizens per thousand than any State in the Union. However, the present Congress has enacted legislation under which we may be admitted, and our Constitutional Convention is now in session, framing a fundamental law that I am sure will meet with the approval of Congress and the President. But for the fact that the best brains of our Commonwealth are engaged in the work of framing this Constitution, a much larger representation would have been present here.

New Mexico is proud of what she has done in the cause of Conservation. The Act of the Thirty-eighth Legislative Assembly creating our Conservation Commission is broad in its scope and is a model for those States which have not enacted any such legislation.

I hope to attend the Third National Conservation Congress, not from a Territory whose people are wards of the Government and not considered capable of the management of their own affairs, but as the representative of the Great State of New Mexico, the forty-seventh star in our flag.

REPORT FROM NEW YORK

J. S. Whipple Chairman State Forest, Fish and Game Commission