The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-01-23
BA[L|NGER MAKES
A YELLED DEFENSE
Without Mentioning Names,
Strikes Back at Accusers in
Emphatic Speech.
DWELLS UPON DANGER OF
DISREGARDING RESTRAINT
Takes a Slap at "Muckrakers"
Connected With Politics,
and the Press.
BY Associated Press.

BY Associated Press.
WILLIAMsToWN. Mass Jan. 22.-
Defending himself In general terms
| against the charge OF being too great a
| stlcklcr for observance OF the law In the
administration OF public affairs, Secre.
here tonight, struck back at his accusers
In language as pointed as the occasion
would permit
His remarks were rendered especially
| significant because they were made on
the eve OF the proposed congressional In
vestlgation into Ballinger's conduct OF the
| Interior department He mentioned no
| names. but made free use OF the muck
raker,' as connected with politicians and
| the press.
The address was delivered before the
lege. The subject was The Executive
Functions Under the Constitution"
Not Afraid of the Light.
Mr. Ballinger placed himself squarely
on the proposition that when the public
officer transcends the powers with which
the constitution and the laws clothe him,
lie becomes a menace TO popular rights
and TO all the safeguards surrounding
them, and declared that constitution
al and legal restraints are to some peo-
pie inconvenient and often obnoxious, es-
peeially when they obstruct the pathway
10 selfish ambition"
Dwelling upon the danger OF disregard
ing constitutional and legal restraints
Mr.; Ballinger added:
when this seductive method OF exer-
cisine power falls into the hands of cey-
er politicians, the unthinklng people
flock 10 their standards. with the muck
rakers and 'penny-a- liners as their press
support We have been surfelted for a
long time with this kind OF public men
ana In a measure their vagaries have
been seized upon by the faddist and sem
llmentalist for exploitation, so that on
many public questions the public mind
is In ferment Of uncertainty and alarm.
Significant IJtterance
These persons. playing the part OF Don
QulHote, IN their . chlValric abSurdlty
see visions OF great crimes about to be
visited upon the dear people, and they
vicious enemies OF popular rights In all
seriousness. Those who do not become
hysterlcal over their tales OF dire calamity
and calmly ask for facts are charged
with being In league or accoaplices OF
these imaginery criminals.
The most vicious, demagogue is he
VINO sounds n false alarm, which arouses
preJudices that strike at the foundations
of our government and which disturb the
public mind as TO the necessity for OBJ
servancc of the laws Of the land
Again. some public officers make the
mistake of assuming that they have been
commissioned by higher authority than
Indispensable qualities of fitness to gov
ern. They usually become political auto
Gratis and do more mischief than good.
Public servants OF this class are the least
for they are generally harder to get at
from the standpoint OF popular dis
favor"
Administration Policy.
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 administer II
with intelligent vlgor and fidelity. 'iThe
activities OF an executive officer which
seek TO improve and correct imperfections
OF administration is one thing. but II is
quite a different thing when he under
takes TO correct what he believes to be
the shortcomings OF the law without legal
warrant therefor.
This is n legislative function. and not
executive" he said. s'No one will say
that tine executive can regulate or con-
troll interstate commerce without the au-
thority OF congress, In laws defining the
be exercised. and In the administration
of the public domain, the issuance OF
pensions, or OF patents, the interior de-
partment possesses no authority 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 tie law
making power.
Executive Limitations.
1.-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 I'd any OF the public domains,
unless the lawmaking power affirmative
ly so declares. There is no discretion,
or supervisory power or executive con-
troll except in the execution OF specific
or general laws. This Is plain to any
person who considers tho nature of our
Institutions. and the power lodged In eX-
ecutive officers"
Mr. Ballinger declared boldly that those
who are unfamiliar with the west and
who, because of want OF knowledge OF
conditions which make life ON the from
tier possible. are poorly qualified to
place limitations on those who are to
struggle with nature In the building OF
homes and settlements on the plains and
on the reaches of mountains far beyond
the Mississippi"
As going TO show the administration is
striving to meet these conditions with
the law and with due regard to all In
tereStS. he said
''1n so far as the constitution and the
laws Will permit. executive activities are
being pursued In order to secure the In
tton OF the forests and fuel supply. the
use and control OF stream flow, the
preservation OF natural parks and monu-
ments OF historic ruins and scenic gran
dcur. All these things, and others are
desirable to attain, and they appeal 10
the American people as within the func-
tlons of the government to secure When
control and supervise the work OF con-
serving our natural resources the state
governments can, and after all vt Is a
matter that the people can and will con-
troll and regulate"