Omaha daily bee., 1910-01-24
BALLINGER STRIKES BACK
Secretary, in Address to Students of
College He Replies to Critics.
FUNCTION OF THE EXECUTIVE
Officers who Disregard Them in
Attempt 10 Play 60 Gasseries
Are Menace 20 Popular
Government.

NllHli a Mo IgW N Mhhbst Jan 1o--iJb-
Tending himself in general terms against
the charge OF being too strict a stlcller for
the observance OF the law in the admins
tration OF public affairs. in an address de-
livered here last night. Secretary Balinger
struck back at his accusers in language as
pointed as the occasion would permit
His remarks were rendered especially
significant because Of the fact that they
were made on the eve Of the proposed con-
gressional investigation into their authors
conduct Of the Interior department lie
mentioned no names but made free use Of
the term muck raker" as connected with
politicians and the press.
The address was delivered before the
Good Government club OF Williams college.
The subject was The Executive Function
Under the Constitution" a subject to
which Mr. Ballinger declared at the out
set he did not intend strictly to adhere.
Mr.. Ballinger placed himself squarely on
the proposition that when the public Of
flcer transcends the powers with which the
constitution and the law cothe him, he
becomes a menace to popular rights and to
all the safeguards surrounding them and
declared that Constitutional and legal re-
straints are to some people inconvenient
and often obnoxious, especially when they
obstruct the pathway Of selfish ambition"
Disregard of Law.
Dwelling somewhat upon the danger of
disregarding constitutional and legal re-
straints that good may be accomplished,
Mr.. Balinger added
When this seductive method of exercs-
ing power falls into the hands of clever pol
iticans, the unthinklng people flock to
their standards, along with the muck
rakers' and penny-a-liners.' We have been
surfeited for a long time with this kind Of
public men, and in measure their vagarles
have been seized upon by the fadist and
sentimentalist for exploitation. so that on
many public questions the public mind Is
In a ferment Of uncertainty and alarm.
These persons, playing the part of Don
Quixote in their chivalrc absurdity see
Visions of great crimes about to be perpe-
trated on the dear people, and they herald
the supposed Vaccinations of the vicious
enemies of popular rights in all serious
ness. Those who do not become hysterical
over their tales of dire calamity and calmly
ask for facts, are charged with being in
league with or accomplices Of these imag-
mary criminals.
=. THE most vicious demagogue is he who
sounds a false alarm which arouses preju-
dices which strike at the foundations Of our
government and disturb the public mind
az to the necessity for observance Of the
laws of the land.
Again, some public officers make the
mistake of assuming that they have been
commissioned by higher authority than
the people, that is, by their own assumed
indispensable qualities of fitness to govern
They usually become political autocrats
and do mis- af
servants Of this class are the least amen
able to the constitution or the law, for they
arc generally harder to get at from the
standpoint of popular disfavor"
Discussing the policy Of the adminstra-
tlon, the secretary said that the answer
must be understood to imply that there can
be no policy that does not keep within the
law and undertake to administer 1t with
Intelligent vigor and fidelity.
Amendment of Laws.
'The activities OF an executive officer
which seek to improve and correct imper-
feetions Of administration is one thing. but
1t is quite different thing when he IN
destakes to correct what he believes the
short comngs of the law without legal
warrant therefor. This is a legislative
function and not executive" he said and
tive can regulate or control interstate com
merce without the authority of congress
In laws defining the extent to which the
executive power may be exercised and in
the administration Of the public domain
the Issuance of pensions or patents the in
terror department possesses no authority
which does not flow from the acts of con-
gress prescribing the manner and means
OF the sale and the disposition of the pub
lie lands, the granting of pensions or pa
tents, There is not an acre of the public
lands can be sold or otherwise disposed OF
contrary to the express declaration OF the
law-makins power.
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 priv
iloges to any of the public domains unless
the law-making power affirmatlyely so de-
clares. There is no discretion or super
visory power or executive control. except
IN the execution OF specific or general laws.
This Is plain 10 any person who considers
the nature Of our institutions and the
powers lodged in executive Officers
lie declared boldly that those who are
unfamiliar with the west, and who because
OF a want Of knowledge of conditions which
make life and progress on the frontier pos
sible, are poorly qualified to place limita-
tions on those who are struggling with
nature in the building of homes and settle
ments on the plains and in the reaches
OF the mountains far beyond the Mssis-
sippl"
Purpose of Administration.
As going to show that the present ad-
ninistration is striving TO meet these con-
ditions within the law and with due regard
20 all interests, he said: Insofar as the
constitution and the laws will permit
executive activities are being pursued SC
as to secure the increase OF soil production
the preservation of the forests and fuel
supply the use and control of stream flow
the preservation Of national parks and
monuments OF historic ruins and scenic
grandeur All these things and others are
desirable to attain and they appeal to the
American people as within the functions
OF the government TO secure. When the
federal authority may not properly control
and supervise this work OF conserving our
natural resources, the state governments
can, and after all it is matter that the
leople can and will control and regulate"
MIXED QUARTET OF BABIES