The copper era., 1909-11-18

mineral or necessary to its economical
 removal.
 Broadly and comprehensively, the
 governmental policy toward the min
 ing industry makes it free industry free of tax and free of official re-
 gulation. Under this policy the min-
 ing industry has developed for half
 century so satisfactorily that there
 never has been a direct question of it as wise public policy, thoroughly
 consistent with, and thoroughly de-
 monstrating the practical working
 efficiency of the political organization
 we maintain as a free people.
 The policy of the National Forest
 Service is not intended to be incons st.
 ent with the governmental policy to-
 ward the mining industry. The statutes which have created the Ma tional Forest Service not only re- cOgnize and confirm this, but under take to insure that no personal ad-
 ministration of the National Forest Service shall make it inconsistent
 with the governmental policy toward the mining industry. These statutes
 provide specifically that the explora- tion for mines should be permitted within the National Forest precisely as the mining statutes provide for it on the public land.
 The two counts of the complaint of the mining industry against the per sonal admining industry against the personal administration of the Ma tional Forest Service cannot, there fore, be passed back of the personal administrat tion to the laws which direct the administration. Congress, in enacting these laws, certainly did not intend that its customary phrase ology repeating all existing statutes or portions of statutes inconsistent or conflicting herewith, should repeal any of its enactment of the mining statutes so as to make them inopera- tive whenever public land opened to settlement became National Forest reserved from settlement.
 The people of the United States should be made fully advised that neither their governmental policy of the National Forest Service nor the special acts of Congress relative to it are questioned by the people of the mining industry, in order that the people may the more certainly under stand that it is a personal administra- tion which acts outside of the policy and the acts of Congress which is question ed.
 The laws of the N atfonal Forest Service empower the administration of it to make the rules and regula- tions necessary for the application of and administration of the policy and and laws. Such rules and regulations are not law, but made strictly within the policy and letter of the law, they are enforcible as law.
 The personal administration of the National Forest Service empowered to make rules and regulations within the policy and letter of the law, has made an abuse of it's power by mak ing rules and regulations entirely the policy of, but colorably within the letter of, the law. Admin istering these really unlawful rules and regulations, the personal admins tration gives them the force and effect of law by using as duress the power of the National Administration. It has compelled an acceptance by the mining industry of these unlawful rules and regulation, and has imposed their costs and other injurious con simply because it was able to use and did use the duress of the National Administration. In its com limited field this personal administration of the National Forest Service has accomplished the sub- version of representative government by law and has substituted the per sonal government of it's rule. The people do not realize this, but it is nevertheless the fact. This situation Is the real heart of the question be- hind the injurious effect of the Ma tional Forest Service on the mining industry.
 The defense of the personal ad- other than that it has the power to do as it elects and does it, would appear to be a claim that its rules and regulations were neces- sary and justified to save and protect the national forest from the mining industry.
 So far as these unlawful rules anl affect the mining industry, such a claim would be no defense at all. There is not single rule or re- gulation of the National Forest Service necessary to protect the forest against the free con 1uct of the mining industry as pro- vided by the mining statutes.
 If it be necessary to save and pro- tect the national forest by requiring miners to pay for the trees they may have to take from it to conduct their it must be equally necessary