The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-09-24
lSneoIal Oorrespondencel

When Secretary Ballinger returns to
Washington in the fall he will pre-
pare for submission to Congress, a
statement of needed changes in the
national reclamation act, the various
public land laws and legislation at
fecting Indian affairs. It was for
the purpose of studying the operation
of existing laws tnat the Secretary
spent several months in the West dur
ing the summer, and the recommended
lions which he will submit will be bas-
ed upon his personal observations in
the field.
Like other practical western men,
Secretary Ballinger has long been con-
WINGED that the land laws as a whole
need radical revision. AS Commission
err of the General Land Office, he re-
commended number of changes, but
as secretary of the Interior his re-
concentrations will be more sweeping,
and decidedly more comprehensive. In
his former position he was at liberty
merely to recommend changes in the
land laws proper. AS secretary of the
Interior he can properly recommend
changes in the reclamation law, as well
and in statutes affecting the Indians,
for those bureaus are all now under his
jurisdiction.
What the Secretarys recommends
lions specifically will be can not yet
be learned. He himself has not fully
hnt ho
urge. and will not form his conclusions
until he has completed his tour OF in
yestigatiOn. But, in a general way,
IL can he said that he will most earn
estly recommend all legislation that
Is necessary to legalize the carrying
out of the so-called Roosevelt policies
looking to the proper, sensible and con-
stitutional conservation of national re-
sources.
1t is a fact too well recognized to
need more than mere statement, that
President Roosevelt, in the further
ance of his conservation policy, pro
ceeded in many instances regardless OF
the law, or in the absence of law. So
thoroughly was he convinced OF the
Justice and wisdom of his policy, that
he allowed no obstacles to block his
progress. President Taft, while as
firm a believer in the conservation
policy as was his predecessor, has not
been willing to proceed unlawfully, and
the members of his cabinet who have
had to do with questions OF conserva-
ton, agree with his stand. Where the
law is deficient, and stands in the way
of carrying forward the conservation
movement. President Taft hopes TO
have it amended, and new laws enact
ed. And it is upon Secretary Balm
ger that he relies for ascertaining just
what legislation should be enacted to
permit of accomplishing legally what
Giffard Pinchot and radical conserva-
tionists would undertake, with or
without statutory authority.
AS a matter of fact Congress mas
never given much serious consideration
to the question Of conservation; II
could never be interested. But the
troubles that have developed since the
adjournment of the special session will
serve to impress upon both Senate and
| House the Importance of enacting we'll
prepared legislation which will sane
ton and aid the conservation move
ment. That conservation has become
fixed governmental policy will no
| longer be questioned, but to what eX-
| tent and in which manner the natural
resources are to be conserved is still a
problem which Congress must settle.
4 Congress alone can say what shall be
done with water powers on the pubic
domain; congress alone can determine
future methods for controlling valuable
mineral deposits on public lands, and
+ in settling these problems, Congress
probably will go further than it ever
/ has before in legislating with refer
ence to the control and use of timber
on the public domain, especially within
forest reserves.
One of the most serious criticisms
made of the Roosevelt administration
was that it permitted too much legisla-
ton by Departmental regulation, and
had too little regard for the legislation
of Congress, The adherents Of Roose-
welt defend this course by saying that
Congress would not act upon the re-
Communications of the President, and
/ that drastic action had to be taken il
anything was to be accomplished. All
Of which is more or less true, in some
instances. Congress did ignore most
of Roosevelts recommendations foI
changes in the public land laws. But
ask men of the other element, did the
inaction of Congress justify the Forest
Service in promulgating and enforing
many of it's regulations which have the
force and effect of law, and which were
not contemplated by the law; did il
u -,