Evening star., 1909-08-20
WITHDRAWAL OF LAND
Attitude of Roosevelt and Taft
Administrations.
TWO POLICIES OPPOSED
Different Constructions of the Con-
stitution.
OFFICIAL VIEWS CONTRASTED
Opinions of Former Secretary Gar
field and Acting Secretary Pierce
of the Interior Department.

Two official opinions by government Of
ficers on the right OF the executive to
withdraw public lands from entry throw
some light on the alleged differences be-
tween the present and the last admlnistra-
tion's conservation policies.
Secretary Garfield enunciated the atti-
tude of the Roosevelt administration as
follows:
Roosevelt's Attitude.
Full power under the Constitution was
vested in the executive branch of the gov
ernment and the extent to which that
power may be exercised is governed
wholly by the discretion of the executive
unless any specific act has been prohibited
either by the Constitution or by legisla-
tien. In the exercise of this power 1t is
the duty of the executive to take such ac-
ton as will protect the interests of all the
People of the United States in their prop
erty rights, and, if the occasion requires
and the facts warrant, 1t is the duty OF
the executive to prevent the acquisition of
the public domain by private interests If
such acquisition be detrimental to the
public welfare.
Attitude of Present Administration.
The law officers of the present admins
tration have construed the rights of the
executive in this language:
mo inherent power is vested in the
President to withdraw public lands from
the operation of the laws relating thereto.
but such withdrawal can only be made
by authority of law, or for a specific
public use, or. temporarily. In anticipa-
ton and for the purpose of accomp ish-
In the latter case. it would seem that the
withdrawal should be Cancelled upon
failure of the legislative depar tment, after
reasonable opportunity, to take the action
desired or contemplated"
The Roosevelt administration, withdrew
from entry some 677,000 acres of land,
not only along water power sites, but ex-
tending eighteen and twenty miles back
in the country. It was the general under
standing that such withdrawal was per-
manent unless Congress interviewed.
The incoming administration Cancelled
the withdrawal, and subsequently rewith-
drew the bulk of the same lands, but not
reaching SO far back into the interior.
and with the intimation that the with
drawal would not be forever, If Congress
does not act.
The two administrations are said to be
in accord upon one fact, and that is, that
the water power sites are withdrawn, and
the difference In the two policies Is Sc.
forth to be the legality of permanent
withdrawal as against temporary with-
drawal.
Alaska Coal Entries.
Frank Pierce, acting secretary of the
interior, who has just returned from a
two-week trip 10 New England. today
made this statement about the Cunning
ham coal entries in Alaska:
Soon after Secretary Ballinger as
sumed Office some phase Of these cases
came up officially before the department.
The Secretary called for me and stated
that he had been called into consultation
ment, and that he would have nothing
whatever to do with them, and directed
that all matters relating to them should
be handled entirely by myself and the
''Since the ecretary assumed Office he
has had nothing whatever to do with
these cases, and all matters relating TO
them have been handled either directly
by myself or through the general land
Office"
Aim of the Forest Service.
o. w. Price, associate forester of the
forest service, in a published interview
this morning. said:
Il must absolutely decline to discuss
the Alaskan coal cases. except to say
this: Over half these coal claims are with
in the Chugach national forest, and there
fore involve national forest interests, with
the protection Of which, in the interests OF
all the people, this service is charged. In
this case as in all others, the forest serv-
ice will protect the interests of all the
people, so far as lies in its power"
When asked how the forest service was
handling the power question within ma
tional forests Mr.. Price said:
That is a long story. But l think
can put it briefly. The forest service Is
so handling this greatest national resource
within the national forests that the United
States Is paid for the use OF the land nee
cial purposes, that title to power sites
does not pass into private ownership and
that monopoly and combination are pre-
vented That is the substance of It,