The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-01-23
SECRETARY OF THE INTERIOR
USES POINTED SARCASM
IN ADDRESS.
STATEMENTS SIGNIFICANT
In Speech Before Good Government
Club in WilIiamstoesn. Mass. Official
Defends Himself for Being a Great
StickIer for Strict Observance OF the
Public Laws.

Wiliiamst0wn. Mass. Jan an-
Defending himself in general terms
against the charge OF being too grea
a stickler for observance of the law
in the administration Of public affairs
Secretary Ballinger. In an address de
liverad here tonight, struck back a;
his accusers in pointed language. His
remarks carried especial significance
because they We're made on the eve
of the proposed congressional in
vestigation into Rallinger's conduct oi
the interior department.
The address was delivered before the
Good Government club Of Williams
college. The subject was The Ex-
ecutive Functions Under the Consti-
tuition" Mr.. Rallinger placed him
self sauarely on the proposition that
when the public officer transcends
the powers with which the constitu-
ton and the laws clothe him. he he
comes a menace to- popular rights and
to all the safeguards surrounding
them and declared that "constitu-
tional and legal restraint are To some
people inconvenient and often
obnoxious. especially when they
obstruct the pathway to selfish am
bitions."
Dwelling upon the danger of dis
regarding constitutional and legal re-
straints. Mr.. Baliinger added:
"Muek Rakers."
When this seductive method OF ex-
ercising power falls into the hands Of
clever politicians. the unthinking peo-
pie flock TO their standards. with the
'muck-rakers' and penny-a-liners' as
their press support. We have been
surfeited for a long time with this
kind of public men and in a measure
their yagaries have been seized upon
by the faddist and sentimentaiist for
exploitation so that on many public
questions the public mind is In a
ferment of uncertainty and alarm.
These persons. playing the part ef
Don Quixote. in their chivalric alb
surdity. see visHns of great crimes
about to be visited upon the dear
people and they herald the supposed
Vaccinations of the vicious enemies of
popular rights in all seriousness. Those
who do not become hysterieal over
their tales of dire calamity and calm
ly ask for facts. are charged with be-
in league or accomplices of these
imaginary criminals.
The most vicious demagogue is he
who sounds IA false alarm which
arouses prejudices that strike at the
,l,t - fs,t.
disturb the public mind as TO the
necessity for observance of the laws
of the land.
Higher Authority.
Again. some public officers make the
mistake of assuming that they have
been commissioned by Il 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 ara the least
amenable to the constitution or the
law. for they are generally harder to
get at from the standpoint Of popular
disfayor."
Discussing the administration policy.
the secretary said the answer must
he understood to imply that there can
he no policy that does not keep with
in the law and undertake To admins
trate it with intelligent yignr and
fidelity
The activities Of an executive Of
ficer which seeks 10 improve and cor
rect imperfections of administration
is one thing. but IL is quite a different
thing when he undertakes To correct
what he believes 10 be the shnrtcom-
ings of the law without legal warrant
therefor.
Not Executive.
This is ii 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 Law de-
filming the extent to which the execu-
tive power may be exercised, and in
the administration of the public do
main. the issuance of pension. or of
patents. the interior department
possesses no authority which does not
flow from the acts of congress pre-
sale and disposition of the public
lands. the granting Of pensions or Of
patents. No, an acre of the public
lands can be sold or otherwise dis
posed of contrary to the express
declaration of the iax- making power,
impossible.
The executive cannot at will i'm
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
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