The Washington herald., 1909-06-23
TAFT-SO FAR.


what happens
Politics recognizes two outlOoks upon
life. The first may be called the moral
outlook. the second the legal outlook
The moral outlook is instructive. i'm
pulslve. expansive. positive.
The legal outlook. on the other hand, is
cautious and negative. il demands rea-
sons for its instincts: 1t worships tradi-
tons; il must have it's feet firmly set on
one rung OF The ladder before Il attempts
another. Confronted By certain confused
moral impulses. It desires 10 define them
accurately. get them down in sections
and paragraphs. relate them 20 what IS
past. hitch them on the the whole body
OF civilization
The chief function Of the next admin
istration,' said Mr. Taft IN his Cincinnati
address on July & 1905. ''in my judg-
ment. is distinct from and a progressive
development Of that which has been per-
formed by President Roosevelt The chief
function Of the next administration IS 10
and perfect the machinery BY
which these standards may be maintained,
by which the lawbreakers may be prompt
" restrained and punished, but which
dispatch 20 interfere with legitimate busi-
ness as little as possible
So far. so good. The legal mind Is now
supreme in Washington; the air is OF an
exceeding dryness. so that II crackles
with ''WhereasesT and exudes be Il en-
acted" For four years history viii be
bound exclusively IN sheepskin and read
like the annotated statutes.
Roosevelts legal equipment was Of the
type Of the criminal lawyer Il had a
square chin and a loud voice; It was emo
tional; Il loved prosecutions: II appealed
10 the jury Of the whole people Tafts
equipment is Of the type OF the civil law
yer. the highest exponent OF which. Of
course. is the corporation attorney. The
legal emphasis at Washington Is again
upon property rather than upon people.
on Judges rather than juries.
The lawyers OF the Roosevelt admins
tration discovered a provision In the ex-
isting law which said that coal lands
within fifteen miles OF a railroad were 20
be sold at not less than so an acre. The
United States Land once. Ike most Off
cial departments, had always given every
advantage 20 the private business man as
against the government interest. and had
sold the land at the minimum price Of S1o
But the law said not less than so Here
was the opportunity for the lawyer OF
the people. The lands were sun withheld
from entry. The Geological Survey was
Instructed 70 examine the lands and make
prices on them In some measure accord
ing 10 their real value. This was done. and
the land Is now valued all the way up 10
fwuFnaa of all
not having coal deposits Is being turned
back into the public domain for regular
entry. Moreover. thousands Of acres seized
by the railroads have been restored 20 the
government. and in one case damages as
high as $40 an acre have been paid 20
the government for the coal already
mined. Urder the old system this coal
land. worth $50 an acre, would have
been sold for so
One Of the greatest undeveioped re-
sources o. the country Is water powers.
On Western lands belonging 20 the gov
ernment are 10 be found incaIculabIe pos
sibihtes OF water-power Development
worth untold millions Of dollars Great
private corporations have been swapping
up the lands which control the power
producing rivers. The Department Of the
Interior under Mr.. Garfield made an in
vestigation OF conditions. and shortly be-
fore the Roosevelt administration went
out OF Office several immense tracts OF
lands were Withdrawn. exactly as the
coal lands were withdrawn, 20 protect the
public interest against private greed.
Roosevelt sent a special message 20 Con-
gree on January Is. 1879. recommending
legislation which should forever protect
the people IN the control OF these water
rights. He said in that message. well
representing the legal point Of view OF
his administration:
I consider myself bound. as FAR as the
exercise Of my executive power will al
low. 70 do for the people. IN prevention OF
mononoply OF their resources. what I be-
lieve they would do for themselves II
they we're in position 10 act
The fact that the proposed policy is
new Is IN Itself no sufficient argument
against its adoption. AS We are met with
new conditions Of industry seriously az
fecting the public welfare. we should NOT
hesitate 10 adopt measures for the pro
tecdon OF the public merely because those
measures are new. When the public vel
fare Is involved Congress should resolve
any reasonable doubt as 10 its legislative
power In favor Of the people and against
the seekers for a special privilege
As in the coal case. Congress failed 10
act. and the curtain went down two
months later en- the Roosevelt admins
tration. Mr.. Garfield was succeeded as
Secretary Of the Interior by Mr.. BaIHnger
Mr. Ballinger had already served In
Washington as Commissioner OF the Land
Ofice under Mr.. Garfeld. They had dis
agreed on this very policy OF the with
drawal Of the public lands. and Mr.. Bal
hnger had resigned and gone back 10 Sc
attle
Almost the first thing that Mr.. Balm
ger did when he became a member Of
Mr.. Iafts Cabinet was to take up the
land question and 20 return 70 public
entry over 1.000.000 acres OF land with
drawn by his predecessor 10 protect pub
hc water-power rights. IN defense OF this
action he took exactly the opposite posi-
ton from Mr.. Garfield. He said.
There is not a scintlIIa OF law pro-
vidinz for the withdrawal from entry OF
these lands"
When the newspapers finally found out
what was going on-Afr. BaIlinger. gave
no public notice OF his action. as Mr.. Gar
field had done IN similar cases-such an
outcry was raised that Mr.. Taft directed
that no more lands be returned 70 entry
But 100000 acres. containing many val
liable water powers. had already beer
thrown open, and no doubt some Of the
properties have now been seized. although
Mr.. Taft has instructed the Geological
Survey TO report on them.
civil lawyer placates as far as he car
and then fights doggedly. He does no.
Ike to fight, but, forced 10 il. he fight:
hard Such also is Taft's reputation
Though he was against Speaker Cannon
during the campaign. we hear him at the
dinner given in Washington on May 8
1893 referring 10 Speaker Cannon. who
was present, as my dear friend. good ole
I-ncla Inea - At rlrasn,r hn ir rnlncn Tn