New-York tribune., 1909-11-02

est Service has kept within the law. Other
qualifications go to make efficiency In a
government bureau. 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 administrative
officer In enforcing the law. One point oi
specific law authorizing or directing such
action?' and having thus sought and found
none. nothing is done. The other asks:
rs there any Justification in law for doing
this desirable thing?" and having thus
sought and found a legal justification.
what the public good demands is done I
hold it TO be the first duty of a public
officer to obey the law. But I hold il 10
be his second duty, and a close second, to
do everything the law will let him do for
the public good, and not merely what the
law Compels or directs him TO do.
Congress has given to the Secretary of
Agriculture, acting through the Forest Ser
vice. the specific task of administering the
national forests, with full power to per
form It, and has provided that he may
make such rules and regula tions and es-
tablish such service as will insure the OBJ
jects of said reservations, namely. to regu-
late their occupancy and use and to pre-
serve the forests thereon from destruc-
ton" Every exercise of the powers grant
ed to the Secretary OF Agriculture by-
statute has been in accordance with the
principles laid down by Chief Justice Mar
CulIoch agt Maryland, when he said as
to powers delegated by the federal Con-
Stituton to Congress:
LET the end be legitimate, let it be
within the scope of the Constitution. and
all means which are appropriate. which are
plainly adapted TO that end, which are not
prohibited, but consist with the letter and
spirit of the Constitution. are censtitu-
tionaI."
After the transfer of the national forests
from the Interior Department 10 the Forest
Service, in 1906 some things were done
that had never been done before. such as
initiating government control over water
power monopoly In the national forests.
giving preference to the public over com
mercial corporations in the use OF the for
ests, and trying to help the small man
make a living. rather than the big man to
make profit (but always with the effort
TO be just to bothl- Always and every
where We have set the public welfare above
the advantage Of the special interests.
Because IL did these things, the Forest
Service has made enemies. of some Of
whom it is justly proud. IL has been easy
for these enemies to raise the cry of lille
gality. novelty and excess OF zeal But in
every instance the service is fortified either
by express statutes by decisions of the
supreme Court and other courts. of the
Secretary Of the Interior, of the Controller
or the Attorney General, or by general
principles of law which. are beyond dis
pute. II there is novelty. IL consists sim
ply In the way these statutes. decisions
and principles have been used to protect
the public. The law officers of the Forest
Service have the nation for their client
and they are proud to work as zealousIy
for the public as they would in private
practice for a fee.
AT the afternoon session President Ksva-
naugh said when two wears ago the
Womans National Rivers and Harbors
Congress was organized many laughed To-
day that congress has a membership OF
$500. and when We have the women with
US We must win want to present TO YOU
Mrs. Heyle Tompkies, OF Shreveport. presi-
dent of the Womans Rivers and Harbors
Congress-
Mrs. Tompkies briefly explained the oh
ject of the Woman's Rivers and Harbors
Congress, saying it was interested In the
Improvement of waterways, the conserva-
tion of waters and their protection from
pollution. and carried on an educational
campaign along these lines.
The convention will end tomorrow
The Southern Conservation Congress also
held sessions this afternoon. and tonight
Clifford Pinchot spoke along the same lines
as in his address before the waterways con-
veption.