New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-08-01
CHARMING EFFRONTERY

CUiRUIAG EFFROSJER(.
The National Conservation Association
In its latest circular letter calmly claims
credit for the withdrawal bill. under
which President Taft recently Withdrew
from entry some seventy -one million acres
Of the public domain. placing it under the
CAPTION Of Bills Advocated by the Asso-
citation The Hon. James f. Garfield
presented the views of the association
las TO this bill before the Senate Com
s'mittee on Public Lands" asserts Clifford
Pinchot. president of the association. con-
fident. probably, that the public has for
gotten the views presented by Mr. Gar
Geld and anxious TO secure a share of the
credit for the best and most farreaching
piece Of conservation legislation ever ell
acted by Congress. Mr.. Garfield did ap-
pear before the Public Lands Committee
Of the Senate and did discuss this bill
Here are some of the things he said:
As to the particular question of the
withdrawal by the Executive of lands
under the land laws of the United
States, l am of the opinion that. as has
been expressed by Senator Nelson, ample
power now rests with the Executive, and
therefore ! feel that it is not necessary
for the purpose of continuance of the
exercise OF that power 10 pass the meas
ure that has been suggested.
Further along in his testimony Mr.
Garfield answered a question as follows:
! believe this bill is unnecessary. be-
cause the power is inherent in the Exec
utive to do the very thing suggested by
this bill and in doing it he is. Of course,
bound by existing statutes relative to the
disposition Of the public domain.
In beginning his testimony Mr.. Gar
field explained his presence by saying
Il represent, by request Of President
Eliot, the National Conservation Asso-
citation, which association has been TAX
ing up the various questions affecting
conservation.
TO assure q committee Of Congress
that the legislation il is considering is
unnecessary, is merely comforting Oh the
Executive powers which he already pos
seSseS, that ii Is. III word. work OF
supererosation, has never been regarded
as the most potent means OF furthering
the enactment OF such legislation. That ii
did not prove So in this instance is shown
testimony. many members of the COM
mittee We're strongly disposed TO drop the
measure. Their failure to do 50 in this
case was due solely to the work of Presi-
dent Taft, who assured them of his CON
viction, and that OF his chief legal ad-
visers. that the Executive possessed no
such power as Mr.. Garfield and his asSo-
ciateS IN the National Conservation As
ISOLATION imagined that there was every
proba ability that. despite the fact that
this power had been exercised by TWO
administrations without authority Of
law. were any existing withdrawal order
to be contested in the courts il would be
pronounced null and void Therefore by
accepting the assurance of Mr. Garfield
and the association members of Congress
would be mourning the grave responsible
ity Of leaving the entire withdrawn por-
ton Of the public domain. as d result of
such legal decision. onen to all who might
desire 10 grab coal lands and power sites,
phosphate lands and oil lands. and. in
deed. all that every sincere conservation
list desires 10 conserve, with the single
exception of the forests. the Withdrawal
of which has been specifically authorized
by law.
In taking this stand Mr. Garfield WAS
unqueStionabIy sincere. although he was
doubtless actuated 10y pride of opinion.
The proposed legislation could III no pos
sible way retard the cause of coHserva-
ton. Its purpose was merely 10 cetab-
fish by legislative enactment a power
which Mi Garfield had believed the Ex-
ecutive possessed without such enact
mcnt ami thus to make ali Withdrawals
impregnable from assault in The courts.
IL selecting Mr.. Garfield as its spolxes-
man the National Conservation Ass0cia-
ton became committed TO his view and
responsible for his course The prime
factor III The association. Clifford Pinchot
now its president, WAS strongly. and
doubtless sincerely. committed TO the Gar
field view. But in now seeking to claim
credit for legislation which. through its
official spokesman, it declared superfuous
ard unnecessary, the National Conserva-
ton Association is peryelting facts
which. in the interest of historical accu-
gdcy, should be made clear