lvACJli 0 niK citizen, fiuday, juja ss, ton. MESSA6 CONTROLLER BAY President Answers Critics ot His Elimination Order. THE "DICK TO DICK" LETTER, No Trace of It In ths Files or Else whereCharles P. Taft Never Heard of Controller Bay Railroad, President Says, Until Very Recently. Washington, July 20. President Tnft today sent to the scnato a message concerning the Controller bay affair and the reduction of tho area of the Chugach national forest roservo to per mit tho Controller Bay Railway and Navigation company to acquire land on tho bay to bo used as terminals for a railway lino to the Boring coal fields, twenty-fivo mlloa away. Tho znessago is In response to n resolution passed by tho senate Juno 27 last, which asked for copies of all depart mental orders, maps, surveys, letters, reports and official documents in tho case. Copies of those documents ac company tho message. Tho executive order of Oct 28. 1010, referred to in tho resolution was In tho terms following: CHUQACH NATIONAL, FOREST. ALASKA. Under authority of tho act of congress at June 4, 1897 (30 SUU. 11, at 34 and SO, and on the recommendation of the secre tary of agriculture It is hereby ordered that the proclamation of ITeb. 23, 1909, en larging the Chusach National forest be modified to reduce tho area of such na tional forost by eliminating therefrom tho following described tract, oontalnlng ap proximately 12,300 acres of land, which bos been found upon examination to bo sot chiefly valuable for national forest purposes: Beelnnlnff at a point where tho meridian of loneltudo 144 deeroeo B minutes west crosses tho coast line ot Controller bay, thenco north alone said meridian line to the parallel of latitude at CO degrees 10 minutes north, thence west alone: said parallel to a point whero tho same crosses ths coast line at or near the mouth of Bering river and thenco along the coast to the placa of beginning. Tho tract above described Is hereby re stored to tho public domain. WILLIAM H. TAFT. Tho White House, Washington, Oct. 23, 1010. Tho president declares that the order does not permit tho Controller Cay Hallway and Navieatlon company to secure a monopoly of tho Controller bay harbor as, under tho law, a strip eighty rods wide must bo left between each entry, having a frontago of 100 rods on navigable water. Tho law also keeps the control of tho shore, which Includes tho flats lying between high water and low water, under tho di rection of congress. This provision, says Mr. Taft, fully protects tho pub lic and absolutely prevents any In dividual or corporation from acquir ing a monopoly. In regard to the "Dick to Dick" let ter. In which there Is a reference to Charles Taft, tho president denies that his brother ever spoko to him con cerning Controller bay, lUchard S. Ryan or any grant in Alaska. Ho says that the letter in question cannot bo found In the flies of tho government, and he refers to it as a "wicked fab rication." Ho declares that his broth er never heard of Controller bay un til tho president sent him a cablegram regarding tho subject. Possible Harbor In Controller Bay. The message describes tho location of Controller bay, which was original ly included In tho Chugach forest re serve. For a time it was thought that the water of tho boy was too shallow to make It valuable as a harbor, but in 1007 a channel was discovered ex tending into the bay about seven miles. Tho tract taken from tho forest ro servo by the president's order covers 12,800 acres In a triangular form, tho side along Controller bay being be tween six and seven miles long, which covers tho channel mentioned. The' president's mcssago then says: All the territory surrounding Con troller bay was Included in tho Chu gach forest reservation in 1000 by a proclamation of President Itoosovclt Tho importance of Controller bay is that It lies about twenty-flvo miles from very valuable coal deposits, known as tho Bering coal fields. Ka talla bay is to the west of Controller bay and almost Immediately adjoins It It is an open roadstead, upon tho shore of which an attempt was made fey tho Morgan-Quggonhclm syndlcato to establish a railway tormina) and thonce to build a rood to tho Bering coal fields, already mentioned. Tho attempt failed for tho reason that tho breakwater protecting tho terminals was destroyed by storms and the terminals became Impracticable. Somo fifty miles or more farther west of Katalla bay Is tho mouth of tho Cop per river, whoro there Is an excellent harbor, on which is tho town of Cor dova. There the Copper River rail road, owned by tho Morgan-Guggon-helm Interests, has Its terminals, and tho line runs to tho northeast along tho Copper river and has nearly reach ed certain rich copper mines in tho In terior. A branch from this main line Is projected to tho Bering coal fields and is fonslble. When tho channol In tbo Controller bay was discovered Mr. Tlttman, bu perlntendent of tbe coast survey, as shown by his letter in tho record, was of opinion that it was of great value and oncht to bo maintained as a na- vol reservation because of its proxim ity to tho coal lii'.jw. Ills letter was submitted by the secretary of com merce and labor to tho secretary of tho Interior, who invited tho comment of tho director of tho geological hut vey. That officer replied that tho harbor wob a poor one and that It would not bo as good for a naval res ervation as ono already selected, but that he thought that private capital ought to bo encouraged to construct a railway from tho channel over tbe mud flats to the shore and tbeuco to the coal fields. Captain Plllsbury of tho army en gineers in a report in tho record made in 1007 mentions threo possible objec tions to Controller bay first, that the surrounding islands may provo to bo so low as not fully to protect tho channel; second, that the fiats extend two or threo miles from tho shore, and, third, that lco formed In tho rivers entering ho bay and, affected by tidal currents, may destroy structures put upon tho flats and especially a long trestle built over them. Ryan Asks For Land. In December, 1009, Richard 8. Ryan, representing tho Controller Railway and Navigation company, applied to Mr. Finchot, tho then forester, for an elimination from the Chugach forest reservation of a tract of land to enablo his company to secure railroad ter minals, bunkers, railroad shops, etc., on tho northwest shore of Controller bay. This application was referred by tho associate forester to tho district forester at Portland, Ore., and by him to tho forester In Alaska. The result of these references and the application was that early in 1010 Mr. Graves, who had in the meantime become for ester, reported that there was no ob jection from the standpoint of forestry Interests to the elimination of the tract indicated or, Indeed, of 18,000 acres on tho northwest shore of Controller bay. Tho attention of the navy depart ment was Invited by the forestry bu reau to tho proposal to open the shore of Controller bay to entry and occupa tion, and inquiry was ma do whether tho navy department desired to use Controller bay as a reservation and whether It objected to Its being opened up. Tho answer was in tho negative. Tho matter was considered by the forestry bureau, by tho secretary of agriculture, by tho secretary of tho In terior and by tbe general land office, and the result was a recommendation to me in May, 1010, that an elimina tion bo made of 320 acres with a front ago of 1C0 rods on the northwest shore of Controller bay. I considered the wholo case In Au gust, 1010, and directed that tho 320 acres, recommended by bofti depart ments, be eliminated as recommended. The question finally came before tho cabinet late in October. After a full discussion of the matter and after a consideration of tho law I expressed dissatisfaction with tho order because it purported on its faco to make tho elimination for tho benefit of a rail road company of n tract of land which the company could not secure under the statute, for It was n tract 320 acres In one body when only 100 acres could be thus acquired. In tho second place, I preferred to mako a much larger elimination of a tract facing the entire channel and with sufficient room for a terminal railway town. I was willing to do this because I found tho restrictions in the law suffi cient to prevent tho possibility of any monopoly of either tho upland or the harbor or channel by the Controller Railway and Navigation company or any other persons or company. It had been originally suggested by tho forestry bureau that 18,000 acres might safely bo eliminated so far as forestry purposes were concerned, but fear had been expressed by ono of the district foresters that such a large elimination would offer an opportunity to tho company to use land scrip and acquire title to extensive town sites, and the result of tho joint considera tion of both departments had been tho reduction to 320 acres. Assumes All Responsibility. 1 wish to bo as specific as possible upon this point and to say that I alone nm responsible for tho enlargement of tbe proposed elimination from 320 acres to 12,800 acres and that I pro posed the chango and stated my rea sons therefor, and, whllo both secre taries cordially concurred in it, the suggestion was mine The statement of Mr. Ryan, who had been properly vouched to tho forester by two gentlemen whom I know, Mr. Chester Lyman and Mr. Fred Jen nings, and who had produced a letter from a reputable financial firm, Probst, Wetzler & Co., was that tho railway company which bo represented had ex ponded more than $75,000 in making preparations for the construction of a railway from Controller bay to tho coal fields, twenty-flvo miles away, but that they were obstructed in so doing by tho order reserving the Chugach forest reservation, which covered all of tbe Controller bay shore. Ho, as well as Probst, Wetxler 4: Co., gavo every assurance that tho Copper River Railway company, owned by Messrs. Morgan and Guggenheim, had no con nection with them and that they were engaged in an Independent cnterpriso in good faith to build an independent railroad. No evidence to tho contrary has been brought to my attention since. Of course It was possible that the owners of the Copper River Railway company might attempt to buy this railroad when and if it was built It was possible that Mr. Ryan was act ing In tbo interests of tho Copper Riv er railroad, although 1 did not believe It Proteoted by Congress. If a railroad was to be constructed from Controller bay to the Bering coal fields It was perfectly evident that there muHt be h terminal town on In shore of Controller bay. nuii I wif therefore glad und anxious to throw It open to entry and settlement s one important step In fm-uuniKliiK railroad enterprise. I was certain that ciingru had provided in the statutes affecting tho entry and settlement of land in Alaska limitations which would pro vent the possibility of the exclusive appropriation of tho harbor nml chan nel of Controller bay or ttn xhorea or upland to any one railroad. This I pro pose now to show. Tho only practicable method for se curing title from the government In such a tract ai this after its elimina tion is by the uso of what is called "soldiers' additional homestead right" evidenced by scrip. The statutory lim itations upon this method of acquiring 3 tie are threefold: First No more than 100 acres can bo entered in any single body by such scrip. Second. No location of scrip along any navigable waters can bo made ' within tho distance of eighty rods of any lands along such waters, and no entry can bo allowed extending moro j than 1C0 rods along the shore of any i navigablo water, and along such shoro a space of at least eighty rods must be ! reserved from entry between all' such j claims. Third. Nothing in the act contained is to be construed to authorize entries to bo made or title to be acquired to tho shoro of any navigablo waters within sold district Under the first limitation the navi gation company and every other per son is prevented from locating more than 100 acres in ono body. By the construction of the land department as shown in the record, this requires a separation between any two entries by tho same person or in the same in terest of a tract of forty acres. This would prevent tho possibility of any one person or any one interest acquir ing an entire tract like that of 12,800 acres. Frontage Held by Government. The second limitation is important In that it prevents the entry of claims at any point on the shore having a greater frontage than half a mile and requires that between that and the next claim taken up there shall be a frontdge reserved to the public and kept in public control of a quarter of a mile. Tho consequence is that In the seven miles of the frontago of this eliminated tract there must bo reserv ed for government control and use and such disposition ns congress may see fit to mako and free from private ap propriation a frontago aggregating two and three-quarter miles and so distributed nlonfe tho shoro in front ages of eighty rods as to mako cer tain of a public frontago of this width having all tho advantage that any pri vate frontago can have. In other words, if a tract with a half mllu frontage is located at a particularly advantageous place with reference to tho harbor then on each side of Unit frontago must be reserved to tho pub lic a frontage of a quarter of a mile, or a half milo in all, for public uses. These two restrictions necessarily prevent a monopoly of land abutting on tho shore, and as they necessarily prevent a monopoly by nny one lo cator or in tho interest of nny com pany for whom locators nro acting they take away tho motive for tho ac quisition of land and frontago merely for tho purpose of excluding other companies and possible competitors and tend to confino locators to tho ac quisition of land to bo profitable in its use. Sinco the ' executive order was Is sued. Oct 28, 1910, there havo been four locations under soldiers' scrip, three of them of 100 rods each along tho bay, ' separated by two divisions of eighty rods. I shall assume that all of them are in tho Interest of the Controller Railway and Navigation company. Nono of them has been ap proved or passed to patent, but I shall assume they can be passed to vnlld patent. Frontage Left Open. Of tho shoro frontago unlocated which may bo appropriated by scrip thero remain six frontages of 1G0 rods each on tho shoro of the tract opened by tho executive order facing the bay and channel, and In addition at least two and three-quarter miles of front age distributed in eleven eighty-rod strips, subject to public use and the disposition of congress. Thero Is thus amplo room for many other railroads to reach high water mark on Control ler bay and thero to acquire tracts for terminals. Of tho 12,800 acres the entries in area have covered only 800 acres, and all tho rest is available for scrip location under the provisions of tbo act There is a third reason why the opening of this tract to settlement and limited private appropriations cannot lead to a monopoly in tho Controller Bay company or any ono else. The dls tanco from tho dry land L e., tbo shoro land tbe lino of high water mark to the lino of low water mark is between two and three miles, and the distance to deeper water Is about a mile far ther, making It necessary, If a harbor is to bo reached and used, to con struct a viaduct or trestle three or four miles long from tho shore to tho chan nel. This tidal flat is owned by tho United States, and tho acquisition un der tho public land laws of tracts on the shore abutting these tidal flats gives no right or title to thoso flats. This would be tho law if tho statute was silent on tho subject, but not only tho statuto of 1893 but also tho amend ing statuto of 1003 expressly imposes the restriction that no tltlo or right can bo obtained under the act In tbo shore of n navigable body of water. I submit to all fair minded men who may have been disturbed over the rhnrces made In respect to the execu tive order of Oct 28, 1010, that it has been demonstrated by the foregoing that no public Interest has suffered from Its issue, that great good may come from it und that no dishonest or Improper motlvo is needed to explain It 1 might, therefore, stop tieru; but, rather, for tho purpose of tho moral to bo drawn from tliem than to vin dicate the order, 1 propose to consider tho attacks upon the order that bys terla or rancor has prompted. Order Was Made Public. Tho charge has been made that this was a secret order and that tbougb It was made In October, 1010, no one knew it until April, 1011. This Is ut terly unfounded. Tho statement of Mr. Vernon, the correspondent of tbo Post-Intelligencer of Seattle, a news paper of wide circulation among u peo plo most interested in Alaska, stiows that ten days before tho order was made news of the details of Ryan's application and the probability of Its being granted was given wide public ity. It further appears from tho rec ords of tho interior department that the evening tho order was signed, Oct 28, 1910, a full notico of tho issue of tho order and Its details was furnish ed by tho department to all corre spondents in the form of a news bul letin. Finally the agent of the Asso ciated Press certifies that at 7:23 p. m., Oct 28, 1010, there was sent out by that association to all its newspaper clients a telegram taken from a type written statement Issued by tho In terior department as follows: Washington, Oct 28. Approximately 12, 00 acres of land In tho Chugach National forest, Alaska, havo been restored by tho president for disposition under appropri ate land lava, according to information made publlo today by the interior depart ment. These lands are situated on the coast line of Controller bay, in southern Alaska, near the Cunningham claims, and have been found upon examination to be of little- value for forestry purposes. It would be difficult to prepare an advertisement more Informing to the public or more likely to attract tho at tention of all likely to desire acquisi tion of land on Controller bay. On tho 20th the chief forester sent a telegram making a similar announcement to his district forester at Portland, Ore. The order has been attacked on tho ground that it did not contain a pro vision delaying its taking effect for thirty days nfter Its publication, as orders restoring land to settlement by homesteaders frequently do. An ex amination of the record furnishes an explanation of this feature of tho or der as made. When In October the two departments had agreed, with my acquiescence, that tho order should be an elimination of only 320 acres an order describing the 320 acres, direct ing Us restoration to settlement and containing tho usual provision post poning its taking effect thirty days was prepared in tho forestry bureau and forwarded to tho interior depart ment. There it was deemed wiser to spread on tho face of the order a spe cific declaration that It was made to afford terminals for the Controller Railway and Navigation company, and as no one else was expected to inter vene and take up any part of the elim inated tract tho restoration was made immediate. Approved by Secretary. Tho form thus amended was submit ted to tho secretary of agriculture, who expressed bis preference for tho Im mediate restoration order through his solicitor's memorandum on the faco of the order, as follows: Mr. Clements, Assistant Attorney In the Intorlor Department We think this O. K. The secretary says It Is the direct way and appeals to him. GEORGE P. M'CABE. Tho Idea of the secretary doubtless was that the short form of order was preferable because on its faco it was directly indicative of the purpose to secure an opportunity to tho railway company by proper entry to settle on tho land eliminated, and as no one else was expected to Intervene no postpone ment was needed. Accordingly when tho case camo for decision in tho cabi net the order was without any post ponement clause. This was the form sent mo for my signature by tho acting secretary of the Interior department When I directed tbo striking out of tho reference to tho railway company nnd tbo enlargement of tho area from 320 acres to 12,800 ncres the form of tho order in its provision for imme diate restoration was not changed. I havo no doubt that this was the rea son why tho order issued took the form it did. Had the postponement clauso been suggested I would doubtlessly havo directed It to bo embodied in tho order. But tho event has proven that it was really not Important In this case, for in now nearly nine months only tho Controller Railway Naviga tion company hns mndo any scrip en tries on the eliminated tract and this although 11,000 acres and three miles of water front still remain open to en--y and there are several different rail way companies in addition to the Con troller Railway and Navigation com pany that had filed locations for rights of way in tho vicinity in tho last two years who havo had in tho last nlno months the fullest notico of their op portunity if they wished to enter on this land. , The "Dick to Dick" Letter. Before closing I desire to allude to a circumstance which tho terms o if 'this resolution make apt and 'relevant1 nIt is a widely published statement at tributed to a nowBpaper correspondent that in an examination of 'rJtho' file's 'of tho interior department a re'wllwceks ago a postscript was found attached to a letter of July 13, 1010, addressed by Mr. Richard S. Ryan to Secretary4 Bol linger and In tho present 'record urg ing the elimination of land enough for terminals for the Controller Railway and Navigation company. Tbe post script was said to read as follows: Dear pick 1 went to see the president Uia other day lie asked me who It was I represented. I told him. according to our agreement, that I representedf myself. But this didn't seem to satisfy him. So 1 sent for Charlie Taft and asked him to toll his brother, the president, who It was I really represented. The president mads no furthor objection to my claim. Vours, DICK. Tho postscript is not now on tho files of tha department If it were, it would be my duty to transmit It under this resolution. Who is really responsible for Its wicked fabrication, If It ever ex isted, or for tho viciously false state ment made as to Its authenticity is immaterial for tho purposes of this' communication. Tho purport of tho al leged postscript Is and tho intention of tho fabricator wus to make Mr. Rich ard S. Ryan testify through Its words to tho public that although I was at first opposed in the public Interest to granting tho elimination which he rc quostcd, nevertheless through, tho un due influence of my brother, Mr. Charles P. Taft and tbo disclosure of tbe real persons In interest I was In duced Improperly and for the promo tion of their private gain to make tho order. Tho statement In so for ns my brother is concerned and that is tbo chief feature of the postscript Is utterly un founded. He novor wroto to me or spoko to me in reference to Richard S. Ryan or on tho subject of Controller bay or the granting of any privileges or tho making of any orders in respect to Alaska. Ho has no interest In Alaska, never had and knows nothing of the circumstances connected with this transaction. Ho does not remem ber that he ever met Richard S. Ryan. He never beard of tho Controller Bay railroad until my cablegram of inquiry reached him. Mr. Ualllnger says in a telegram In answer to my Inquiry that ho never received such a postscript and that ho was in Seattlo on the date of July 13. when it was said to havo been writ ten. Mr. Richard S. Ryan, in a letter which ho has sent me without solicita tion, says that ho never met my broth er, Mr. Charles P. Taft and that so far as ho knows Mr. Charles P. Taft never had the slightest Interest in Con troller bay, in tho Controller Railway and Navigation company or In any Alaskan company, nnd he utterly de nies writing or signing tho alleged postscript. Tho utter Improbability of his writing such a postscript to Mr. Balllngcr nt Washington when tho latter was away for his vacation for two months must impress every one. The fact is that Mr. Ballinger nover saw the letter of July 13, 1010, to which this postscript is said to have been attached, it was sent to mo by Mr. Carr. Secretary Bollinger's pri vate secretary, at Beverly, on July 14 tho next day. 1 read tho letter at Beverly in August with other papers and sent them to tho White House. It wns placed upon the White House files and remained there until April 22, 1011. when it was, by request of Secretary Fisher, for uso In connection with his answer to a senate inquiry, returned to tho interior department, and It was after this that tho corre spondent is sold to have seen the let ter with the postscript attached. Mr. Carr saw no such postscript when he sent the letter to me. I did not see It when 1 read It No ono saw It m the executive office, but It remained to ap pear as a postscript when it is said that tho correspondent saw the letter in April or May on tho files of tbo In terior department All others were de nied tbe sight The person on whoso statement the existence of what has been properly characterized as an amazing post script is based is a writer for news papers and magazines, who was given permission by Secretary Fisher, after consultation with me, to examine all the files in respect to tho Controller bay matter, and this under tho super vision of Mr. Brown, then prlvnte sec retary to the secretary of tho interior. After tho examination, at which it is allegod this postscript was received from tho hand of Mr. Brown, tbe cor respondent prepared an elaborate arti cle on the subject of this order and Controller bay, which was submitted to Mr. Fisher and which was discuss ed with Mr. Fisher at length, but nev er in the conversation between them or in tho article submitted did tho cor respondent mention tho existenco of the postscript Mr. Brown states that there was no such postscript in the papers when ho showed them to tho correspondent and that ho never saw such a postscript Similar evidence is given by Mr. Carr and other custo dians of the records in the interior de partment Stronger evidence of tho falsity nnd maliciously slanderous character of tho alleged postscript could not bo had. Its only significance is the light It throws on tho bitterness and venom of somo of these who take active part in every discussion of Alaskan Issues. Tho intensity of their deslro to bo smirch all who invest in that district and all who are officially connected with its administration operates upon tho minds of weak human instru ments and prompts tho fabrication of such falso testimony as this post script I dislike to dwell upon this feature of tho case, but it Is so full of a lesson that ought to bo taken to tho heart of every patriotic citizen that I cannot pass it over in silence When I made this order I was aware that tho condition of public opinion In reference to investments in Alaska, fanned by charges of fraud, some well founded and others of an hysterical and unjust or false character, would lead to an attack upon It and to tho questioning of my motives in signing It I remarked this when I made tho order, and I was not mistaken. But a public officer when ho conceives it his Juty to take affirmative action In the public Interest has no more right to al ow fear of unjust criticism and attack to binder him from taking that action that bu would to allow personal and dishonest motives to affect him. It is easy In cases like this to tnko tbo course which timidity prompts and to do nothing, but such ti course docs not Inure to tbe public weal. 1 am In fi?ll sympathy with tho con cern of reasonable and patriotic men that the vuluable resources ot Alaska should not bo turned over to bo exploit ed for the profit of greedy, absorbing and monopolistic corporations or syn dicates. Whatever th attempts which have been made, no one, as n matter of fact, has secured In Alaska any un due privilege or franchise not com pletely tinder the control of congress. I nm In full ngreement with the view that every care, both In administration and In legislation, must be observed to prevent the corrupt or unfair acquisi tion of undue privilege, franchise or right from tho government in that dis trict, lint every one must know that the resources of Alaska can never tie eouiu available either to the people of Alaska or to the public of the United StateR utiles reasonable opportunity is granted to those who would Invest their money to secure n return propor tionate to the risk run In the Invest ment and reasouulile under ui the cir cumstances. On the other hand, the neri:iio:i.v of spirit and the tnten.se uiallee unit have been engendered lit ri! t ot Hie nd ministration of the i.- wi-mih-iii in Alaska and In Hie i mis.uei .it 1 1 or measures proposed tin nei reoei mid the wanton rii-Kie -in"" mid eager ness with wliteli :iiteint- uiij'e neell made to besmirch Hie li.irin ters ut high officials Imvltin n do with ilio Alaskan 'government and e en ot per sons not In public life present a con dition that calls for condemnation and requires that the public lie warned of the demoralization that bus been pro duced by tbe hysterlcnl suspicions of good people and tbe unscrupulous and corrupt misrepresentations of tho wicked. Tho helpless state to which tho credulity of some and tho mnlev olent scandal mongering of others havo brought the people of Alaska in their strugglo for its development ought to givo tho public pause, for un til a Juster nnd fairer view bo taken investment in Alaska, which Is neces sary to 'Its development will bo Im possible, and honest administrators and legislators will bo embarrassed in tho advocacy and putting into opera tion of thoso policies in regard to tho territory which nro necessary to its progress and prosperity. WILLIAM H. TAFT. Tho White House, July 26, 1911. JOSEPH N, WELCH The OLDEST Fire Insurance Agency in Wayne County. Office: Second floor Masonic Build ins, over O. C. Jadwin'e drug store, Honedale. M. LEE BRAMAN EVERYTHING IN LIVERY Buss for Every Train and Town Calls. Horses always for sale Boarding and Accomodations) for Farmers Prompt and polite attention at all times. 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