conditions in the interest of navigation. It
does not permit the Federal Government, as a condition
of its permit, to require that a part of the value
thus created shall be applied to the further general
improvement and protection of the stream. I believe
this to be one of the most important matters of internal
improvement now confronting the Government. Most
of the navigable rivers of this country are comparatively
long and shallow. In order that they may be made
fully useful for navigation there has come into vogue
a method of improvement known as canalization, or
the slack-water method, which consists in building
a series of dams and locks, each of which will create
a long pool of deep navigable water. At each of
these dams there is usually created also water power
of commercial value. If the water power thus
created can be made available for the further improvement
of navigation in the stream, it is manifest that the
improvement will be much more quickly effected on
the one hand, and, on the other, that the burden on
the general taxpayers of the country will be very
much reduced. Private interests seeking permits
to build water-power dams in navigable streams usually
urge that they thus improve navigation, and that if
they do not impair navigation they should be allowed
to take for themselves the entire profits of the water-power
development. Whatever they may do by way of relieving
the Government of the expense of improving navigation
should be given due consideration, but it must be
apparent that there may be a profit beyond a reasonably
liberal return upon the private investment which is
a potential asset of the Government in carrying out
a comprehensive policy of waterway development.
It is no objection to the retention and use of such
an asset by the Government that a comprehensive waterway
policy will include the protection and development
of the other public uses of water, which can not and
should not be ignored in making and executing plans
for the protection and development of navigation.
It is also equally clear that inasmuch as the water
power thus created is or may be an incident of a general
scheme of waterway improvement within the constitutional
jurisdiction of the Federal Government, the regulation
of such water power lies also within that jurisdiction.
In my opinion constructive statesmanship requires that
legislation should be enacted which will permit the
development of navigation in these great rivers to
go hand in hand with the utilization of this by-product
of water power, created in the course of the same
improvement, and that the general dam act should be
so amended as to make this possible. I deem it
highly important that the Nation should adopt a consistent
and harmonious treatment of these water-power projects,
which will preserve for this purpose their value to
the Government, whose right it is to grant the permit.
Any other policy is equivalent to throwing away a
most valuable national asset.