The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-05-21

nv DlAllB dhDOuN a lllOlOuBl adjustment
of differences Ballinger's order stood
but he later directed the Geological
Survey to make an examination of
power sites on the public domain, and
when such sites are found, he will
temporarily withdraw from entry those
vacant public lands Immediately abut
ting upon the power sites-but no
more. In other words, instead of
Withholding form entry vast stretches
of country two miles wide, and count
less miles long, he will withdraw per-
haps a quarter section, more or less,
containing such power site. This will
accomplish all the good intended by
the commission, and at the same time
not tie up thousands of acres having
no connection whatever with power
development.
But Ballinger disagres with Pinchot
as to the character of withdrawal
and the length of time it is to be oper-
alive. Pinchot is in favor of indie
finitely holding all remaining water
power sites on the public domain; Bal
linger will make only temporary with
drawals to be effective only until Con-
gress by legislation can say whether
or not it is to be the policy of the
government to hold water powers on
the public domain, and to lease them
to private capital. If Congress adopts
the leasing plan of the Conservation
Commission, the law will probably
provide specifically for the segregation
of lands containing power sites; but
if Congress rejects this proposed po-
Icy, Secretary Ballinger will restore
to entry all lands withdrawn for pow
er purposes.
The nature of the dispute over for
est ranger stations has been previous
ly explained, and that problem will be
placed before the President in the very
near future Here as in the power con-
troversy, Ballinger differs with Pinchot
on Interpretation of the law, he being
willing to go no further than the law
allows; Pinchot contending for very
liberal construction of the law and
still more liberal Interpretation of
the general welfare clause Of the con-
stitution.
The friction between Ballinger and
Pinchot would not have been possible
had Congress, in providing for forest
reserves and for control of the pub
lie domain, been more explicit, and
more intelligent in the framing of
laws regulating the pubhc domain.
Some of the laws under which Balm
ger ana Pinchot have clashed have
been crude in the extreme. Because
of their crudity, Pinchot, with the
sanction of President Roosevelt, took
very great advantages of the fail
ure of Congress to define what can
and what can not be done. By re-
gulation he has in many instances
done what should have been done by
flaw, and Secretary Garfield always
approved.
In his last annual report, Secretary
Garfield expressed the view that the
Secretary OF the Interior could do
anything not specifically prohibited
by law; his successor, like most law
yers, does not SO regard the law, but
takes the view that the powers of the
Secretary are fixed by law, and that
he can not do other than is specificaI-
ly authorized by statute. This has
also been the Interpretation of the u.
S. Supreme Court.
AS all the trouble between Ballinger
and Pinchot arises out of conflicting
interpretations of the law, Attorney
General Wickersham will undoubtedly
be called upon to advise with the Pre-