The San Francisco call., 1908-09-06
FORESTRY NEWS
SERVICE UPHELD
Attorney General Says Informa.
ton May Be Legally Com
piled and Distributed
items Which Will Benefit De-
partment Work VIII Be Sent
to Periodicals as Usual

WASHINGTON, Sept. 5.-The press
agency" charge made against the forest
service In congress this year while the
agricultural appropriation bill was go
Ing through led TO the adoption in the
senate or an amendment the effect Of
which has been the subject OF a recent
opinion OF the attorney general. Ac-
cording TO some OF the press dispatches
sent out at the time, the work which
the service has been doing in preparing
information concerning forestry for
use by newspapers and magazines was
prohibited. AS matter OF fact. no
work which the service has been doing
n the past was prohibited
The amendment as adopted reads:
Provided, that no part OF this .appro-
priation shall be paid or used for the
purpose Of paying for in whole or in
part the preparatory or publication of
any newspaper or magazine article. but
TINS SHAH not prevent the giving out to
al persons without discrimination, in
Guiding newspapers and magazine writ
ers and publishers, Of any facts or off,
cial information Of value TO the pub
lie This wording was offered by
senator who had defended the prepara-
tion Of matter for newspaper or maga-
zine use by the forest service.
ne Dill as passed by the house read:
provided. that no part OF this appro-
priation shall be paid or used for the
purpose OF paying for In whole or in
part the preparation OF any newspaper
or magazine article" This proviso was
inserted in the bill on motion of a
member OF the house, who expressly
oisclaimed, In the course of the debate
upon It any intention OF preventing
the department giving out IN a proper
way All proper, useful and helpful in
formation with regard TO its work and
with regard TO the results Of its fnves-
out the dissemination of information by
the bureau under its own name and
seal, sending II out officially as ema-
mating from the bureau. 1 have not
any thought of doing that" As the
iorest service has never prepared mat
ter which was not sent out officially as
emanating from the bureau under its
own name the purpose which led to the
ouerlng OF the amendment Is ct first
sight somewhat perpleSing
The debate In the house, however
showed what this amendment really
aimed at The mover Of the amend
ment said: L understand that the bu-
reau does not ordinarily indicate that
the Information comes from the bu-
reau" And also Particularly do I
desire TO put an end TO a practice that
j believe has been somewhat INDUCED
In. 10 Wit, the use Of government money
for the purpose OF preparing. or. at
ticles 10 be published in the newspapers
and magazines OF the country rejecting
upon public men who seem TO differ
with this bureau"
BELIEVED MONEY WAS PAID
It appears. therefore. that the amend
ment was adopted in the belief that
public money was being used by the
forest service to prepare matter Sc
cretly, Of a character which it could
ing up Its own work and rejecting
upon those who criticised it. 1t was
elso charged that it subsidized news
papermen TO write in its defense. and
paid newspapers and magazines to pub
lish Its matter. All of these charges
have been absolutely denied by Mr.
Pinchot in published statements
In the light OF these misapprehen-
siOns as TO the work the service is
doing the purpose OF the amendment
as adopted seems plain. To prevent
the possibility Of the abuses alleged
Il prohibited the use OF public money
for the preparation or publication of
magazine and newspaper articles, sub
3ect 10 the Limitation that this was
not to prevent the forester from Civ
ing out facts or official information of
value TO the public. The forest serv-
ice considers the provision Of the bill
entirely satisfactory, since ii expressly
sanctions the work which IL has been
doing.
There is nothing new or unusual
about the work OF the forest service in
this line. except that il is being done
energetically. Like many other bu-
reaus Of the government 1t has for
years prepared press bulletins, or short
articles in newspaper form, concerning
its work and concerning forestry in
general Every one who receives this
work knows where it comes from
Those who receive IL are free to use
Il either as official matter credited to
the service or without credit. The
only way TO prevent this would be TO
pass law providing a penalty for any
newspaper which should print infor-
nation which IL receives from the gov
ernment without printing also the fact
that il was so received. This is an abb
surdity.
INFORMATION SHOULD BE FREE
Writers Of magazine and newspaper
articles draw heavily upon the govern
nent for information. Any one who
seeks this information. for whatever
purpose receives and should receive IL.
II is public information. gathered at
public expense. Il would be ridiculous
for government bureaus, in replying TO
request for such information, TO stipu-
late that it should not be used in print.
Yet that is what would have 70 be
meant TO prohibit absolutely the pre-
paration 'In whole or in part" Of any
newspaper or magazine articles. -
The opinion Of the attorney general
was rendered IN the following letter:
July 1. 1905
The Secretary Of Agriculture-Sir- ] have
the honor 70 acknowledge the receipt Of your
letter OF June -. in which you state certain
faRfs and request my opinion upon certain Ques-
tidas Of Law thence arising. follows
IL that the government forester
piles and proposes 70 compile from time TO
time forest service Information consisting OF
brief statements Of facts, collected by and
available IN that service. upon the general
subject Of forestry, the general work OF the
forest service and the specific subjects for
which investigations. tests and other studies
by the forest service authorized. By the
public, No 1876 containing these provisions
among others: TO enable the secretary Of
agriculture experiment and 20 make and
continue Investigations and report forestry
- 10 collate. digest, report, illustrate
and print the results Of experiments and in
Festigations made by the forest service.'')
Typical statements OF such information sub
mitted with your letter relate the forest
policies OF the South American republics. their
timber and fruit trees, the cultivation Of the
olive and the orange: 10 the paper birch and
Ste use iu industries: the forest areas OF Porto
Rico and the plans for putting the same under
national administration: the commercial and
profitable use OF the white fr OF the Pacific
coast: the facts relating 70 the advantageous
introduction OF foreign species OF trees etc, etc.