Omaha daily bee., 1909-09-17

that after doing % YOU had Withdrawn
what remained from the public settlement
and that you took this course because you
we're out Of sympathy with that policy Of
conservation OF national resources and
were in favor OF the corporate control Of
such water power sites.
''Cruel IniustIce Done.s
When the facts are examined In this
regard. II will be found that the persons
responsible for the circulation OF these
charges have done you cruel Injustice. This
fact was that in January, 1909. In the last
Administration. executive orders were made
Withdrawing from public settlement 1900. 900
acres at the instance OF the reclamation
service for conservation Of water power
sites. Soon after you became secretary Of
the interior you brought this order to my
attention and said that il Included a grea;
deal Of land that had no water sites on It.
running back many miles from the rivers.
and that Il included a great deal OF land
which ought TO be opened to public settle
ment; that you had applied to the reclama-
ton bureau to know whether IL wal de-
sired for reclamation purposes and what
their recommendation was in the premises
and that they recommended that Il be re-
turned TO the public domain. You also ad-
vised me that It was impossible to procure
from the geological survey an accurate
statement OF the water power sites which
were available and which might be sub
ject TO private ownership, and that you
would direct the geological survey ID make
such statements and that then there could
be made temporary Withdrawals Of the land
needed to preserve these water power sites
until congress could act.
The order revoking the withdrawal of
the 100000 acres was made in April. Suf-
ficient information was procured from the
geological survey TO permit an order with
drawing the land upon which were water
power sites in May and this withdrawal
covered about 100000 acres. instead of
100000. The form Of the new order OF
withdrawal was such that It set aside all
filings and entries Of any kind which had
been made prior to it's going into effect,
and, as a matter Of fact, not one single
filing has been attempted on any OF the
water power sites since the original order
Of withdrawal in January, 1909.
Reclamation Certificates InvaIid
In connection with the same charge
weight has been given to the fact that you
have declined to carry out the contracts
made by the reclamation service with
homesteaders and entrymen by which GER
t~ificates were issued to entrymen for work
done and material furnished with a view to
enlarge the projects of the reclamation
bureau. You brought up the question Of the
legality OF such certificates in a cabinet
meeting and were directed to submit 1t to
the attorney general. That officer has,
very properly. In my judgment, decided
that it Is at variance with an explicit
prohibition in the reclamation law to issue
such certificates. The fundamental man
date OF thai law Is that no project shall
be entered upon until there Is money
enough in the reclamation fund to pay for
the project or the part thereof contracted
for. TIL certificate system is in fact a
system for borrowing labor and material
and making the government a debtor to
intending settlers-a system that Is inhibited
by law and cannot but result ultimately in
disaster. OF course those who have ac-
cepted such certificates for labor and ma
terial in good faith ought TO be recon-
pensed and / shall ask from congress at
the next session especial relief for them.
Meantime the work Of reclamation should
be carried on wherever funds are avail
able with all the dispatch possible and |
am assured that this is being done.
Korced by RulInE of Comptroller.
Another Instance In your conduct OF the
department has been mentioned as lndlca-
tive of your purpose to block the general
plan OF conservation Of national resources,
is your refusal TO carry out a contract made
in the last administration between the sec
rotary Of the interior and the secretary Of
agriculture, by which the Interior depart
ment delegated to the forestry bureau OF
the Agricultural department the power and
duty to conserve the forests on the Indian
reservations and to expend, under the con-
troll OF the forestry bureau, the money APP
propriated by congress to be expended by
the Indian bureau for such conservation Of
Indian forests. Your declinstion to carry
out the contract was made necessary by q
ruling OF the comptroller. whose ruling is
final and without appeal even to the presi-
dent, that such an arrangement is a dele
cation Of responsibility and authority for
the expenditure of money which the appro-
priation by congress for the Indian bureau
did not authorize.
In my judgment he Is the best friend Of
the policy OF conservation Of natural re-
sources who insists that every step taken
in that direction should be within the law
and buttressed by legal authority. In
slstence on this is not inconsistent with a
whole-hearted and bona fide interest and
enthusiasm in favor of the conservation
policy. From my conferences with you and
from everything I know in respect to the
conduct Of your department, l am able 10
say that you are fully I'm sympathy with
I the attitude of this administration In favor
OF the conservation of national resources.
sincerely yours. WILLIAM II. TAFT"
Hon. Richard A. Balllnger. Secretary of
the Interior. washington. ID. c.