The Birmingham age-herald., 1910-01-23
BhLLINGER HTS
 BACK AT ACCUSERS Strong Criticism Is Made of Pseudo Muck Rakers' DISCUSSION OF POLICIES MT. Ballinger Condemns the Clever Politician Who Exercises Power
 to the Hurt of Public
 Officials.
DISCUSSION OF POLICIES


 williamstown, Mass, January 22.-De- lending himself in general terms against the charge of being too great stickler for the observance of tho law in the administration of public affairs, in an address delivered to the Good Govern ment club of Williams college here to- night, Secretary Ballinger struck back at his acousers in language as pointed as the occasion would permit.
 Mr. Ballinger mentioned no names but made free usage of the term muck raker'' as connected with politicians and the press. 4al
 MT. Ballinger placed himself sauarely on the proposition that when the pub lie officer transcends the powers with which the constitution and the laws clothe him, he becomes a menace to pop ular rights and to all the safeguards surrounding them He declared that con stitutional and legal restraints are to some people inconvenient and often ob- noxious, especially when they obstruct the pathway to selfish ambition"
 Dwelling somewhat upon the danger of
 
 disregarding constitutional and legal re- straints that good may be accomplished. MT. Dallinger addedi
 When this seductive method of exer- cising power falls into the hands of clever politicians, the minimizing peo- pie flock to the penny-a-liners as their press supporters and pseudo muck rak- CTS. We have been surfeited for long time with this kind of public men and in a measure their vsgaries have been seized upon by the faddist and sentiment talist for exploitation so that on many public questions the public mind is in a ferment of uncertainty and alarm
 Many Don Qulxotes.
 These persons. playing the part of Don Quixote in their ohivalric absurdity, see visions of great crimes about to be visited upon the dear people and they herald the supposed machinations of the vicious enemies of por uiar rights in all seriousness. Those who don't become hysterical over their tales of dire calam- ity and calmly ask for facts are charged with being in league with, or accom- plices of, these imaginary criminals.
 '.The most vicious demagogue is he who sounds false alarm which arouses prejudices that strike at the foundations of our government. which disturb the public mind as to the necessity for ob- servance of the laws of the land.
 Again, some public officers make the mistake of assuming that they have been commissioned by higher author ity than the people; that is, by their own assumed indispensable qualities of fit- ness to govern. They ,Shually become political autocrats and do more mischief than good. Public servants of this class are the least amenable to ihe constitu- tion or tho law for they are generally harder to get at from the standpoint of popular disfavor."
 Discussing the policy of the admins tration, the secretary said that the aI- swer must be- understood to imply that there can be no policy that does not keep within the law and undertake to administrate 1t without intelligent vigor and fidelity.
 ''The activities of an executive officer which seek to improve and correct im- perfections of administration is one thing. but 1t Is quite different thing when he undertakes to correct what he believes to be the shortcomings of the law without legal warrant therefor. This is Q legis- lative function and not executive" he said, and added:
 Regulation of Commerce.
 "No one will say that the executive can regulate or control interstate commerce without the authority of Congress in laws defining the extent to which the execu- tive power may be exercised and in the administration of the public domain. the issuance of pensions, or Of patents, the interior department possesses no author ity which does not flow from the acts of Congress prescribing the manner and means of the sale and disposition 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-malking power. The executive cannot at will improve the wild lands or mine the minerals. log the timber or water the arid wastes. He cannot give even qualified rights or privileges to any of the public domains unless the law making power affirmatively so declares. There Is no discretion or supervisory power, or executive power. except in the execution of specific or general laws. This is plain to any person who considers the nature of our institutions and the powers lodged in executive officers"
 AS going to show that the present ad- ministration Is striving to meet these con- ditions within the law and with due re- gard to all interests, the secretary said:
 Insofar as the constitution and the laws will permit executive activities are being pursued in order to secure the fn- crease of soil production. the preservation of the forests and fuel supply, the use and control of stream How, the preservation of national parks and monuments of his- torio ruins and scenic grandeur; all these things and others are desirable to attain and they appeal to the American people as within the functions of the government to secure. When the federal authority may not properly control and supervise this work of conserving natural resources the state governments can, and after all 1t is a matter that the people can and will control and regulate"