The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-11-02

! horse leech. are forever CRYING give
give. The intelligence. initiative, and
steadfastness that can Withstand the
unrelenting pressure of the special in
terests are worth having. and am
( proud To belong to n service which
has given proof of all three. But we
need the counter pressure from the
people in their own interest far more
often than wet get it.
/ In Old Ruts.
The public welfare cannot be sub
served merely by walking blindIy in
/ the old ruts. Times change. and the
/ public needs change with them. The
man who would serve the public to
the level of its needs must look ahead
and one of his most difficult prob
lens will be to make old tools answer
new uses--some of which at least
We're never. Imagined when the tools
We're rrpides That is one reason why
constructive foresight is one of the
great const3at needs OF every grow
ing nation.
ihe forest service proposes to use
the tools-obey the law-madc by the
representatives of the people. But the
law cannot give specific directions i'm
advance to meet every need and detail
of administration. The law cannot
make brains nor supply conscience.
Therefore, the forest service PROPOSES
also To serve the people by the intel
hgent and purposeful use of the law
and every lawful means at its COM
mand for the public good And for
that intention 1t makes no apology.
fortunately for the forest service.
the point of view which il worked ont
Tor itself under the pressure of it's re-
sponsibiiities was found to be that of
the supreme court.
In the case of the United States
VS.. Macdaniel q Pet. 1910, inyolv-
ing the administrative powers of the
mead OF department. the supreme
court of the United States said:
He is limited In the exercise of his
powers by the law: but IL does not
ioiloW mat be must show statutory
provision for everything he does. No
government could be administered on
such principles. To attempt to regu-
iate, by, law the minute movements
OF every part of the complicated ma
chinery Of government would eyince a
most unpardonabel ignorance on the
subject Whilst the great outlircs of
It's movements may be marked out, and
limitations imposed on the exercise of
It's powers. there are numbcrless things
which must be done that can neither
be anticipated nor defined, and which
are essential to the proper action of
the government"
Specific Task.
Congress has given to the secretary
OF agriculture. acting through the for
est service, the specific task of ad-
fhinistering the national forests. with
tull powe~ to perform it, and has pro-
Hided that he may make such rules
and regulations, ard establish sucb
service as viii insure the objects OF /
said reservations. namely, to regulate
their occupanc, and use and to pre-
serve the forests thereon from de-
n" every exercise of the now
ars granted To the secretary of apri-
culture by statute has been in accord |
ince with the principles laid down bv !
Chief Justice, Marshall ninety Years |
ago In the case of McCulloch
~. Maryland a Wheat. 4aD. when he Y
said as to powers delegated by the
Let the end be legitimate. ie. II
De within the scope of the constitution.
md all means which are appropriate.
which are plainly adapted to that end.
which are not prohibited. but consist
WIN III" letter and spirit of the con
'ttution, are constitutional"
After the transfer of the national
orests from the interior department
an IN
Kings were done that had never been
lone before such as initiating govern
nent control over water power mo-
iopolS IN the national forests. giving
Preference to the public over CONNER
ial corporations In the use of the for
SITS, and trying to help the small man
make a living, rather than the big man
make profit lbut always with
he effort To be just TO both). ALWAYS
nd everywhere we have set the pub
c welfare above the advantage of the
pecial interests
Because II did these things, the for
81 service has made enemies of some
I whom II Is justly proud II has
cen easy for these enemies to raise
he cry of illegality. novelty and ex-
ess Of zeal. But In tvdry Instance
ne sefNige Is fortified either .by, ex-
ress statutes or by decisions of the ,
urreme court and other courts. of the
ecretary of the interior. Of the comm
roller or the attorney general. or by
eneral principles of law which are
cNond dispute. II there is novelty .
consists simply i'm the way thes,, ,
decisions and principles have ,
cen used to protect the public. The ;
'w officers of the forest service have ,
he nation for their client. and they
re proud 10 work as zealously for ,
h" public as they would in private =,
ractlCe for fee
Laid at Rest.
So l think the ghost OF illegalitv in I
\" forest service may fairly be laid \
rest But il is not the only one J
hich is clouding the issues of con- l.
arvati"n in the public mind. Another I
IlsconCeptton is that the friends of v
observation are trying to prevent the
eNelopment OF water power by private d
tpital Nothing could be farther from 4
lie truth. The friends of conservation II
ere the first to call public attention Il
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