The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-11-02
FIVE HUNDRED MEN
BECOME ACTIVE

CONTINUED From Page one)
ton and control of the work. and tn,
coordination of rail and river trans
portation. The engineering difficult
ties may be larger than any we hav,
yet solved. The adjustment of oppo.
site demands between conflicting in.
terests and localities. and other ques-
tions of large reach. and often OF
great legal completely. will tax tn,
powers of the best men we have. Nc
part of the work will require greater
temperance. wisdom. and foresight
than certain questions of policy and
law :
! have observed in the course OF
some experience that difficulties orig
mating with the law are peculiarly
apt to foster misconceptions. II hap
pens that the service with which /
have the honor to be connected sup
plies just now a typical example.
Certain newspapers have said Of
late that the forest service has gone
beyond the law in carrying out its
work. This assertion has been re-
danger that 1t may be believed.s The
friends of conservation must not be
led to think that before the crest
service can proceed legally with it's
present work all the hazards and
compromises Of new legislation must
be faced
Absolutely False.
Fortunately. the charge of illegal
action is absolutely false The forest
service has had ample legal AUTHORITY
for everything 1t has done. Not since
il was created has any Charge Of d.
legality. despite the most searching
investigation and the Ditterest attack.
ever lied TO reversal or reproof by
either house of congress or by any
congressional committee. since the
creation of the forest service the ex-
penditure of more than $ll00e0 900 has
passed successfully the scrutiny OF
the treasury of the United States.
Most significant of all. not once has
the forest service been defeated as To
any vital legal principle underlying it's
work in any court or administrative
tribunal of last resort Thus those
who make the law and those who in
terpret IL seem to agree that our work
has been legal
But II is not enough to say that the
forest service has kept within the
law. Other qualifications go to make
efficiency in a government bureau. A
bureau may keep within the law and
yet fail to get results.
When action is NEEDED for the public
good there are two opposite points of
view regarding the duty of an ad-
ministratise officer in enforcing the !
law one point of view asks, rs
teerc any express and specific law
authorizing or directing such action?" !
and having thus sought and found /
none, nothing is done. The other
asks. is there any justification in
law for doing this desirable thing
and having thus sought and found h |
legal Justification. what the public
good. demands Is done hold il to
be the fifst duty of a public officer
70 obey the law. But i hold IL to
be his second duty. and a close sec
ond. 10 do everything the law will let
MIN do for the public good, and not
merely what the law compels or 1di-
reefs him To do.
Right and Duty.
II Is the right as well "a the duty
u public officer to be Jealous i'm
the public service. That Is why the
public service is worth while. To
every public officer the law should
be, not goad To drive him to his
iuty. but tool to help him in his
work. And l maintain that il is
likewise his right and duty To seek
by every proper means from the legal
authorities set over him such inter-
pretations of the law as will hes,
help him to serve the country.
Let the public officer take every
awful chance To use the law for the
public good. The better use he makes
,f II the better public servant he be-
'oihes' ohe man with jack-knife
Nil build ladder. Another with "a
VII 1901 chest cannot make d foot
stool. The man with the jack-krife
VIII often reach the higher level I
am for the man with the jack-knife.
believe in the man who does ali
he can. and the best he cant Mith
The means at his command. That is
precisely what the forest servir,. has
been trying TO do with csne ntoLts.s and
The law congress has snias.d in its
hands. l7'
President Taft's recent uttcrances in
.avor of conservation have gone far
% increase the public appreciation of
Is national Importance. Every pub
ic officer responsible for any part
,f the conservation of natural re-
sources is trustee of the public
Ii conservation is vital To
me welfare of this nation now and
hereafter. as the president has SO ,
Wisely declared. then few positions of
public trust are SO important. and ,
lew opportunities for constructive ,
work So large. Such officers are con- ,
'erned with the greatest issues which ,
nave come before this nation since ,
he ciSil war. They may hope to I
'erse the nation as few men ever can. ,
Their care for our forests. waters. ! :
ands, and minerals is often the only !
~ NJ