The Washington herald., 1910-01-23
CHARGED BY BALLINGER

disfavor on this subject, Senator Root
may be quoted as follows;
once admit the right OF public officers
TO disregard limitations upon their powers
and you are launched on the course by
which good men come 20 be benevolent
despots, with the inevitable eoroIIary that
bad men have the opportunity TO become
tyrannical dictators."
Duties of President.
The question is frequently asked,
What is the policy of the administra-
ton? The answer must be understood to
imply that there can be no policy that
does not keep within the law and under
take 10 administer Il with intelligent vigor
and fidelity, The activities Of an execu-
tive officer which seek 10 improve and
correct imperfections OF administration
is one thing, but IL is quite a different
thing when ne undertakes to correct what
he believes 10 be the shortcomings OF ths
law without legal warrant therefor. This
is a legislative function and not executive.
Not an acre Of the public lands can
be sold or otherwise disposed of con-
uary 70 the express declaration OF the
law-maldng power. The Executive can
not at will improve the wild lands or mine
the minerals log the timber, or water
the arid wastes. He can not give even
qualified rights or privileges 10 any OF
the public domain unless the law-making
power afirmatlvelv so declares. There is
no discretion. or supervisory power, or
Executive control. except in the execu-
ton Of specific or geleral laws This is
plain 10 any person who considers the
nature OF our institutions and the powers
lodged in executive officers.
Law Not Hard 10 Understand.
1T may appear a simple thing TO ad-
minister an Office under the law This
would be the case If the law was plain
and simple In its direction OF the proceed
uTe- In most OF the executive depart
ments Of the government the opinions Of
law officers must be taken where the
courts have not construed doubtful stat
utes, and these opinions become the rule
Of action until modified OF overruled by
judicial opinion.
structiOn Of statutes often leads the pub
lie 10 believe that the Interpretation may
be varied 10 suit the will OF policy OF the
executive head Of the department con-
STRUNG il, but such a view is as unfair as
to attribute to the courts vacillation OF
opinion convenient for each case pre-
scented
How to Save Resources
1T has been easy TO say that the natural
resources In fuel supply. in forests, IN
water power, and in other public utilities
must be saved from waste monopoly. and
other abuses, and the general public are
In accord with this proposition as they
are with most truisms. The problem is.
as stated by the President. how TO save
and how to utilize; how to conserve and
still develop, for no sane person can con
tend that It is for the common good that
Natures blessings as only for unborn
generations
If the Congress directs that rights OF
way. mines. and lands shall be given
away in limited quantities 10 qualified
applicants entering the public domain, and
furnishes no method whereby they may
be disposed of with restrictions which
will control or supervise their highest
use. Congress alone is responsible for the
waste that may result The executive
cannot repeal the law or annul 1t, but
must execute it as 1t stands upon the
books.
The President, IN pursuance of his
executive functions, has made this appeal:
he has pointed out the necessities Of the
people, and I am 10th TO believe that the
Congress viii not do It's full duty giving
to the executive branch Of the govern
ment the power to conserve in a prac-
teal way the remaining resources of the
public domain both in the United States
and in Alaska.
Mistakes OF the Unfamiliar.
Those who are unfamiliar with the
West and who, because of a want of
knowledge of conditions which make life
and progress on the frontier possible, are
poorly qualified to place limitations on
those who are to struggle with nature
| In the building of homes and settlements
on the plain and in the reaches of the
mountains far beyond the Mississippi.
i have an abiding faith in the perma-
nency and efficiency Of our American
institutions, in the assurance that the
government founded on The observance
/ of law cannot fail. and that the strong,
conservative BODY Of our citizenship will
see that our laws are honestly made.
honestly adiudicated, and honestly ad-
ninistered.'