New-York tribune., 1909-12-28

some difference of opinion might be de-
veioped between public officers as to
how much the law will let them do.
As still further evidence of the modif-
cation which Mr.. Pinchot's views have un-
dergone. attention is called TO his state
ment that ''the Forest Service has had
warrant OF law for everything it has
done" which seems wholly 70 preclude the
view that warrant of law is entirely non
essential. provided there is no legal prohi-
bition OF course. there are some critics
of Mr. finchot's administration of the For
est Service who maintain ne will encoun-
ter great difficulty In demonstrating the
truth OF this proposition. and they include
men by no means inimical to the policy of
conserving the national forests. but even
they are sratiied to note that the chief
forester publicly acknowledges the neces-
sity OF warrant of law" for all that his
bureau has done.
some statesmen entertain the view that
Mr. Pinchot was probably warranted in his
statement regarding the legality of the
conduct OF his bureau. These point out
that. with the assistance of President
RooseveIts almost omnipotent influence,
and aided by his own ability to assert tru-
isns with remarkable emphasis and to
clothe them With exceptional attracti 70
ness, Mr.. Pinchot has secured from Con-
gress immense appropriations unprotected
by those liTnitati tious with which Congress
cLstomarily guards large appropriations.
and that, therefore he has enjoyed the
widest discretion in their expenditures
discretion SO wide. in fact, that ii will be
almost impossible to prove any illegality
in their disbursement, however great a
deviation from the intent of Congress may
be found to have existed in the concep-
ton of his powers entertained by the chief
forester.
Mr.. Pinchots assertion that since the
Forest Service called public attention TO the
advisab blity of conserving the water power
of the country the attacks on IT have in
creased with marked rapiditv is generally
regarded here as an amusing confusion of
cause and effect, as we'll a misnomer in
so far as terms are concerned. Criticism
of the Bureau of Forestry had nothing to
do with its proper advocacy of the conser-
walton of waters and it has been subjected
to no attacks, unless proper and natural
resentment of its attacks on the admins
tration as whole. and on the administra-
tion of the Department of the Interior in
particular can properly be described
attacks.
what peremptoriy warned Mr. Pinchot that
he must cease these attacks and that the
energies of his bureau must be directed
into more legitimate channels. but it is
hardly likely, il is said here that Mr..
Taft regarded his warning as an attack on
the bureau; and that "still greater oppost-
ton which, according to Mr.. Pinchot. lis
promised for the future" will consist
chiefly of criticism Of the utilization of public
funds for the purpose of attacking the ad-
ministration and seeking 10 undermine pub
lie confidence in one Of its highest officials.
Mr.. Pinchot's comments regarding criti-
cism directed at the inclusion in forest
reserves of land which is bare of forest
are regarded as indicating a total msap-
prehension of such criticism, possibly the
confOunding of few unintelligent animad-
versions with the real basis of criticism. If
il can be shown, for instance, that great
tracts OF land. wholly bare of timber.
Illegally fenced by cattle or sheep herders,
have been included in forest reserve just
at a time when federal prosecution of the
fencers had been undertaken, ard that ever
since such inclusion these s, me lands have
been leased for grazing purposes at
nominal rental to the men who Illegally
fenced them. it will probably be admitted
by all unpreJuGlced Judges thaI ground
for criticism exists, especially such graz
ing would preclude that reforestation 10
which Mr.. PinchOt refers
That Mr.. Pinchots speech will be made
the occasion of any action by his superiOrs
is entirely unlikely, as they would doubt
less be deferred by the fact that Congress
is about to undertake. with a view to max
ing possible IAN awakened and determined
include the Bureau OF Forestry. Moreover,
Mr. Pinchots New York speech is different
from many which he has delivered
throughout the West only in that 1t is
more conservative