The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-05-06
The Taft Idea of
Executive Action

Executive Act1On
Springfield .(Mass) Republican. April 50
| President Taft against the charge that
| Iosn nc was not IN sympathy Win his preae-
I tlon $ natural resources was n mysterious
happening to people who had no mixing
that the, president was the objcct Of at
tack. The real basis for The criticism Is
now. revealed In a statement Of the ad-
ministration's attitude, published by the
Washington bureau OF the New YORK
Tribune. as an explanation, II Is so IL.
luminatine, with reference TO the general
| policy OF the new regime that special at
tention may be given to II. We shall ind
clue to probable DEVELOPMENTS in the
future and by considering this case ~
| symptomatic, prepare ourselves for the
line ot attack that President Taft VIII
probably have to meet at the hands or
the more intensely Rooscveltian of the
Roosevelt following.
The specific Issue raised was The pres
erva ton OF valuable wStcr-powcr sites on
pmhlic lands from n1onopolistic owner
ship or control, The embryo of n great
Ti"S%s iTs pow m0nopoy on INC ncn %TstW. is
| covered In tho efforts Of corporations to
buy np all such valuable sites as were
settlement under The public lands laws.
With the gradual depletion OF the coun-
try's coal supply. water power Is sure TO
! increase in Importance as an industrial
and manufacturing utility. and that far
seeing capitalists are abroad seeking
what they can devour never needs demon
President Roosevelt was that the water
powers still In tho possession of the goy-
ernmcnt should be conserved as q public
asset for all time and never sold out
right TO private owners. Under limit
ed lease or franchise system. privileges
TO use the power could be granted under
times with tho public interest and mimi
cal TO the creation OF permanent monop-
oily rights.
But this admirable policy requires law
TO sustain il, and the present land laws
OF the United states were framed In the
Interest of tho private settler or lana
boomer, In the effort to open up the
wilderness TO settlement as rapidly as
possible. The congresses Of the nineteenth
century gave no thought To the twen-
tlcth-century danger OF the monopolizo-
ton or natural resources. The result Is
that the federal government has a policy
question arises. therefore, whether the
government shall strain and exceed It's
legal powers In this direction, IN order
TO restrain those who seek to monopolize
water-powcr sites. or shall concentrate
It's efforts upon the task of securing new
President Taft has decided in favor OF
the latter programme. He respects law
IT Is his nature TO get bad or defective
law amended in the regular way rather
than usurp powers In gaining desirable
end As Stated by the Tribunes Wash
ington bureau
that the law shall be strained. or that
the members OF his administration shall
exceed their constitutional and statutory
powers, in the effort TO prevent the
monopolization of watcr-power sites He
has expressed himself energetically In on,
position TO the proposition that the end
OF making certain that no executive act
shall be open TO the charge of being
without legal warrant. number OF these
sites will Inevitably be thrown open to
settlement under the existing land laws
It Is this consistent determination TO acI
solely within the law which has given
tration is hostile to the conservation
policy
The origin and cause OF the attacks
upon the president are thus made entire
ly clear Those people in the following
OF Mr.. Roosevelt who had been educated
acts OF very doubtful legnlity; In order
that results might be quickly accom-
plished. have been disappointed in dis
covering in his successor an entirely diff
ferent temper regarding executive action.
They see q water-p power site gobbled up
in conformity with existing Law. without
n hostile demonstration by the govern
ment. and they cannot understand the
attitude which such conservatism reflects.
Immediately. in their indignation. they
accuse President Taft OF having betrayed
n Roosevelt policy, and they sigh for the
return to the White House OF the. man
with the big stick.
These good people promise to make
themselves very annoying TO the Taft ad-
ministration, For there can be no recon
ciliation between the, Taft policy aud the
Roosevelt policy with respect to strain
ing or ovorreaching the law. Mr., Roosc-
welt had very little respect for law, or for
the constitution, or for the courts when
ments as an executlye; and his unexam-
pied popularity. which was so much
strengthened by the indiscrlminate praise
that he constantly received from editors
and publcists OF such high standing that
they must have known better. only hard
ened the popular notion that whatever
1t will be difficult and wearing task
for such editors TO turn around and cdu-
cate the people TO the idea that the Taft
nethqd Is Hat as fS@Sd amd na as
that the two methods arc as sharply on
posed as the points of two swords
The Taft method undoubtedly will ne
adopted with reference TO the entire
range of administration. Indeed. the
Tribune's Washington bureau assures us
in no uncertain words what TO expect:
president Taft is convinced that ulti-
matcly no good can come from the eXer..
else OF extra executive power where legal
authority is LACKING and his views are are
interior. 1t will. therefore, be wholly
useless TO urge upon the administration
the advisabllty OF exceeding that power
delegated to /; by the constitution and
by congress because OF the importance of
tho public interests involved So firmly
is the president convinced that such cN-
ccsses must inevitably work evi! in the
future and so loyal is he 10 the consu-
tuition and the law. that nothing will be
gained by bringing pressure 10 bear di-
rcctly on him, while much may be gained
by oNerting the proper pressure on con-
gress TO induce IL 10 clothc the executive
with that authority needed by him 20
conserve the public interests. Aside
from his repugnance To exceeding his
proper authority. the president is con-
vinced that such course would only de-
velop weakness In the administration,
and that ultimately the courts would
overthrow the results achieved BY the
exercise OF power conferred on the eN-
ecutive ny neither the constitution nor
the laws
In spite OF the criticism thal he may
expect from the shortcut" school of
reformers. II is understood that Presi-
dent Taft will follow this policy consist
entity TO the end. The country has had
ample experience with the one method To
last for four years, az least; and expert
cnce with the other method cannot fail
to he illuminating and valuable. We
snail discover perhaps. by convincing