The Morning examiner. [volume] (Ogden, Utah) 1904-1910, 1910-01-23
Secretary Strikes Back at Accus-
ers in Undoubted
Language. sj5I
VERBAL VITROIL POURED
ON HEADS OF ACCUSERS
"When Constitutional Cloak is Left
Behind, Official Becomes
General Menace"

ending himself In general terms
against the charge of being too great
& stickler for observance of the law
In the administration OF public af
fairs, Secretary Ballingcr, IN an ad
dress delivered here tonight struch
bnck at his accuserS In language as
pointed us the occasion would permit
His remarks were rendered esps
oially significant because they were
made on the eve OF the proposed con
gressional investigation into Balling
ers conduct OF the interior depart
ment He mentioned no names but
made free use OF the "muckraker" as
connected with politicians and the
press.
The address was delivered before
the Good Government club of VII.
iams college. The subject was "The
Executive Functions under the Con
stitution'
Mr. Ballinger placed himself square
" on the proposition that when the
public officer tranScends the powers
with which the constitution and the
laws clothe him. he becomes a men
ace to popular rights and to all the
safeguards, surrounding them," and
declared that constitutional and legal
restraint arc to some people incon-
venient and often obnoxious. especial
lyi when they obstruct the pathway
tol selfish ambltions."s-
Dwelling upon the danger of disre-
garding constitutional and legal re-
stralnts, Mr.. Ballinger added:
When this seductive method Of eX-
ercising power falls into the hands OF
clever politicians, the unthinkirg peo4
pie flock TO their standards, with the
'muckrakerS' and penny-a-Hner,' as
their press support. We have been
surfeited for a long time with this
kind OF public men and In r. measure
their vagaries have been seized up
on by the faddist and sentimentalist
for exploitation so that on many
public questions the public mind is
in a ferment OF uncertainty and
alarm.
ChlvaIric Absurdity.
These persons, playing the part OF
Don Quixote. in their chivalric absur-
dity. see visions OF great crimes
about to be visited upon the dear
people. and they herald the supposed
bachinstions Of the vaTious enemies
of popular rights in all seriousness.
j
over their tales Of dire calamity and
calmly asked for facts are charged
with being In league OF nccomplices
of these imaginary criminals.
The most vicious demagogue is he
who sounds a false alarm which
arouses prejudices that strike at the
which disturb the public mind as to
~ AZ
laws OF the land.
Again, some public officers make
the mistake of assuming that they
have been commissioned by a higher
authority than the people, that is, by
their own assumed Indispensable
qualities OF fitness to govern. They
usually become political autocrats
and do more mischief than good
Public servants of this class are
the least amenable to the constitu.
tion OF tho law, for they are general
ly harder to get at from the stand
point OF popular disfavor"
Discussing the administration policy
the secretary said the answer must
be understood to imply that there
can be no policy that does not keep
within the law and undertake to ad-
minister 1t with intelligent yigor
and fidelity,
Some Legal Pointers.
The activities OF an executive Of
ficer which seeks 10 improve and cor
rect lmperfections of administration
is one thing, but 1t Is quite differ
ent thing when be undertakes to cor
rect what he believes TO be the short
oomings of the law without legal war
rant therefor.
This Is legislative function and
not executive" he said.
NO one will say that the executive
can regulate or control interstate
commerce without the authority Of
congress. In laws defining the extent
Ia which the executive power may
be exercised and In the administra.
tion oi the public domain the issuance
OF pensions, OF Of patents, the in
terror department possesses no au.
lhority which does not flow from the
acts or congress prescribing the man
ner and means OF the sale and dis
position OF the public lands the
granting OF pensions or OF patents.
Not an acre of the public lands can
be sold or otherwise disposed Of
contrary TO the express declaration
Of the law making power.
The executive cannot at will i'm
prove the Wild lands OF mine the min.
erals. log the timber or water the
arid wastes. He cannot give even
qualified rights or privileges to say
OF the public domains. unless the
banking power afiirmatlyely so
declares There is no discretion. or
supervisory power or executive CON
lTo, except in the execution Of spc-
cihc or general laws. This is plain
10 any person who considers the ma
lure OF our institutions. and the pow
crB lodged In executive Offices"
Mr. Balllnger declared boldly that
those who are unfamiliar with the
west and who, because OF want of
knowledge Of confidence which make
life on the frontier possible ARE
poorly qualified 10 place limitations
on thoee who are 10 struggle with
nature In the building Of home and