New-York tribune., 1910-01-23
MR.. BALLINGER
ANSWERS CRITICS
SEES DANGER IN CO.
ING BEYOND Law.
"Muck Rakers and "Penny-a-
Lners" Hid Such Course,
Says Secretary.

Williamstovn. Mass, Jan 22-De-
Tending himself in general terms against
the charge Of being too great a stickler
for the observance OF the law IN the ad-
ministration OF public affairs. in an ad-
dress delivered here tonight, Secretary
Ballnger struck back at his accusers IN
language as pointed as the occasion
would permit His remarks were rem
dered especially significant because OF
the fact that they were made on the eva
of the proposed Congressional investisa-
ton into their authors conduct OF the IN
terror Department He mentioned no
names, but made free use OF the term
muck raker' as connected with poll
ticians and the press.
The address was delivered before the
Good Government Club OF Williams Col
lege. The subject was The Executive
Function Under the Constitution" a
subject TO which Mr. Ballinger declared
a the outset he did not intend strictly TO
adhere
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
he becomes a menace to popular rights
and TO all the safeguards surrounding
Them and declared that Constitutions
and legal restraints are 20 some people
inconvenient and often obnoxious. es-
peciaIly when they obstruct the pathway
TO selfish ambition"
SEE VISIONS OF CRIMES"
Dwelling somewhat on the danger ot
disregarding constitutional and legal re-
straints that good may be accomplished.
Mp. BalIinger added:
When this seductive method OF exer-
cising power falls into the hands OF
clever politicians the unthinking people
ficck to their Standards. with the muck
rakers' and penny a-liners' as their
press support. We have been surfeited
for long time with this kind of public
men, and in a measure their vaearies
have been seized upon by the faddist
and sentimentaIist for exploitation. so
that on many public questions the public
mind is in a ferInent of uncertainty and
alarm. These persons. playing the part
of Don Quixote, in their chivalriC ab-
surdity see visions of great crimes about
they herald the supposed Vaccinations
of the vicious enemies of popular rights
in all seriousness. Those who do not
become hystericaI over their tales OF
dire calamity and calmly ask for facts
are charged with being in leagle with
or accomplices of these imaginary Grim
inals. The most vicious demagOgue ts
he who sounds a false alarm which
arouses prejudices that strike at the
foundations of our government. which
disturb the public mind as to the neces-
sity for observance of the laws of the
land Again, some public officers make
the mistake of assuming that they have
been commissioned by a higher authority
than the people. that is. by their own as
sumed indispensable qualities OF fitness
TO govern. They usually become pO-
iticaI autocrats and do more mischief
than good Public servants or chis class
are the least amenabIe TO the -Constitu-
ton or the law, for they are generally
harder 10 get at from the standpoint Of
popular disfavor."
A LEGISLATIVE FUNCTION
discussing the policy of the admin
istraticn. the Secretary said that the
answer must be understood to imply.
that there could be no policy that did
not keep within the law and undertook
~ administer il with intelligent vigor
and fidelity. The activities OF an ex-
acutive officer which seek to imprOve
and correct imperfections OF administra-
ton is one thing, but il is quite a diff
ferent thing when he undertakes TO cor
rect what he believes TO be the short
comings of the law without legal war
rant therefor This is a legislative func-
tion and not executive. he said. and
added,
mo one will say that the Executive
can regulate or control interstate COM
merce without the authority of Congress
in laws defining the extent 70 which the
executive power may be exercised. and
in the administration Of the public do
main, the issuance OF pensions or OF
patents the Interior Department pos
sesses 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 and the
granting of pensions or of patents. Not
an acre of the public lands can be sold
or otherwise disposed of contrary % the
express declaration OF the lawu1aking
power The Executive cannot at will
improve the wild lands or mine the min
erals. log the timber or water the arid
wastes. He cannot give even qualifed
rights or privileges TO any OF the public
domain unless the Iawmaking power
affirmatively so declares There Is no
discretion. or supervisory power, or ex-
ecutive control. except in the execution
of specific or general laws. This is
plain TO any person who considers the
nature of our Institutions and the pow
ers lodged in executive officers"
UNFAMILIAR WITH WEST
The speaker declared boldly that those
who were unfamiliar with the West and
who. because of want OF kncwledgs
OF conditions which made life and
progress on the frontier possible. are
poorly qualified TO place limitations on
those who are 10 struggle with nature
ia the building OF homes and settle
nents on the plains and in the reaches
OF the mountains far beyond the Mis-
sissippi