Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-05-25

L
been given and effort made, arbitrar-
lily deprive him of his right, is to es-
tablish principle which will be far
more costly in the end than the loss
OF some OF our natural resources"
Authority Of the President.
Senator Borah then entered upon
the main portion OF his argument,
showing that the executive has not
the authority. either under the con
stitution, or under specific law, to
make arbitrary Withdrawals of public
land at will, as has been done in re-
cent years. He discussed this phase
OF the question at considerable length
and cited many decisions of the
courts and OF the interior In the
course OF his argument. He called
attention to the fact that President
Taft has himself expressed doubt as
to his authority to make temporary
Withdrawals, and added:
After considerable investigation. |
think 1t may be safely said that the
executive is without authority to act
unless congress has by terms granted
that authority" He added that con-
trary to the contention OF men like
Pinchot. Garfield. ct. al, there is no
proper authority for making with
drawals as they have been made. for
there is neither authority in the con-
stitution or in the statutes.
When we follow to its logical con-
elusion the contention that the presi-
dent has the power to suspend a pub
lie land law, we arrive at the point
finally and inevitably where the dis
pensing power of the president pre-
walls over every law that may be en-
acted by congress. II he may sus-
pend a public land law, and deprive
homesteader of the right to enter
the land as congress has provided. he
may suspend the law with reference
to public revenue"
Inspired by Garfield Policy.
Senator Bacon said the argument of
Senator Borah was manifestly so
proper that 1t could not be question
ed, and he asked the occasion for the
remarks. BY way OF reply, Senator
Borah quoted from the annual re-
port of Secretary Garfield, in which
that official laid down the doctrine
that the secretary of the interior
could do anything with regard to the
control and disposal OF public lands
that was not specifically prohibited BY
statute. After quoting Garheld,s
well known declaration, Senator Bo-
rah added
This statement, in my judgment,
was made without due reflection. and
upon more mature reflection a differ
ent conclusion would be reached. 1t
is at war with every principle upon
which the federal structure Is based
that of delegated and limited powers.
1t finds no counterpart In any decision
OF any court, In any debate of con-
gress, or in any previous declaration
OF department of the government
so far as have been able to find.
The fact is the very opposite of
what Secretary Garfield states is true.
The president, instead OF possessing
all power except that which is pro-
hibited by the constitution, or auth
orized by legislation. possesses no
power except that which Is given by
the constitution or by legislation. II
the executive does not find within the
terms of the constitution. under the
rule OF express or implied authority
or under some act OF congress the
authority to act, he cannot act. That
Is one of the plainest, simplest and
most seldom disputed OF all consti-
tuttonal principles. Any other prin-
eiple would make this a government
OF men and not OF law. Whatever the
policy may be, whether satisfactory
to the executive or not, the law must
be executed in accordance with the
terms In which 1t is written. Con.
gress having provided that the set
tier upon the public domain may Sc
cure title to land upon complying
with certain conditions. tits Just as
sacred a right to the settler as any
right arising under any law which
congress may enact; and IL the presi-
dent may withdraw the agricultural
lands from eutry and deprive the
thousands who are docking to the
public domain OF an opportunity 10
acquire homes. there Is not a Law en-
acted that he may not suspend. inter
tere with the execution OF justice,
suspend the trial OF causes and re
view the policy OF every Law enacted
by congress"