The Fight for Conservation Part 2

Certain men and certain papers have said that the Forest Service has gone beyond the law in carrying out its work. This a.s.sertion has been repeated so persistently that there is danger that it may be believed.

The friends of conservation must not be led to think that before the Forest Service can proceed legally with its present work all the hazards and compromises of new legislation must be faced.

Fortunately, the charge of illegal action is absolutely false. The Forest Service has had ample legal authority for everything it has done.

Not once since it was created has any charge of illegality, despite the most searching investigation and the bitterest attack, ever led to reversal or reproof by either House of Congress or by any Congressional Committee. Since the creation of the Forest Service the expenditure of nearly $15,000,000 has pa.s.sed successfully the scrutiny of the Treasury of the United States. Most significant of all, not once has the Forest Service been defeated as to any vital legal principle underlying its work in any Court or administrative tribunal of last resort. Thus those who make the law and those who interpret it seem to agree that the work has been legal.

But it is not enough to say that the Forest Service has kept within the law. Other qualifications go to make efficiency in a Government bureau.

A bureau may keep within the law and yet fail to get results.

When action is needed for the public good there are two opposite points of view regarding the duty of an administrative officer in enforcing the law. One point of view asks, "Is there any express and specific law authorizing or directing such action?" and, having thus sought and found none, nothing is done. The other asks, "Is there any justification in law for doing this desirable thing?" and, having thus sought and found a legal justification, what the public good demands is done. I hold it to be the first duty of a public officer to obey the law. But I hold it to be his second duty, and a close second, to do everything the law will let him do for the public good, and not merely what the law compels or directs him to do.

It is the right as well as the duty of a public officer to be zealous in the public service. That is why the public service is worth while. To every public officer the law should be, not a goad to drive him to his duty, but a tool to help him in his work. And I maintain that it is likewise his right and duty to seek by every proper means from the legal authorities set over him such interpretations of the law as will best help him to serve his country.

Let the public officer take every lawful chance to use the law for the public good. The better use he makes of it the better public servant he becomes. One man with a jack-knife will build a ladder. Another with a full tool-chest cannot make a footstool. The man with the jack-knife will often reach the higher level. I am for the man with the jack-knife.

I believe in the man who does all he can and the best he can, with the means at his command. That is precisely what the Forest Service has been trying to do with the money and law Congress has placed in its hands.

Every public officer responsible for any part of the conservation of natural resources is a trustee of the public property. If conservation is vital to the welfare of this Nation now and hereafter, as President Roosevelt so wisely declared, then few positions of public trust are so important, and few opportunities for constructive work so large. Such officers are concerned with the greatest issues which have come before this Nation since the Civil War. They may hope to serve the Nation as few men ever can. Their care for our forests, waters, lands, and minerals is often the only thing that stands between the public good and the something-for-nothing men, who, like the daughters of the horse-leech, are forever crying, "Give, Give." The intelligence, initiative, and steadfastness that can withstand the unrelenting pressure of the special interests are worth having, and the Forest Service has given proof of all three. But the counter-pressure from the people in their own interest is needed far more often than it is supplied.

The public welfare cannot be subserved merely by walking blindly in the old ruts. Times change, and the public needs change with them. The man who would serve the public to the level of its needs must look ahead, and one of his most difficult problems will be to make old tools answer new uses--uses some of which, at least, were never imagined when the tools were made. That is one reason why constructive foresight is one of the great constant needs of every growing nation.

The Forest Service proposes to use the tools--obey the law--made by the representatives of the people. But the law cannot give specific directions in advance to meet every need and detail of administration.

The law cannot make brains nor supply conscience. Therefore, the Forest Service proposes also to serve the people by the intelligent and purposeful use of the law and every lawful means at its command for the public good. And for that intention it makes no apology.

Fortunately for the Forest Service, the point of view which it worked out for itself under the pressure of its responsibilities was found to be that of the Supreme Court. In the case of the U.S. vs. Macdaniel (7 Pet., 13-14), involving the administrative powers of the head of a Department, the Supreme Court of the United States said:

"He is limited in the exercise of his powers by the law; but it does not follow that he must show statutory provision for everything he does. No government could be administered on such principles. To attempt to regulate, by law, the minute movements of every part of the complicated machinery of government, would evince a most unpardonable ignorance on the subject. Whilst the great outlines of its movements may be marked out, and limitations imposed on the exercise of its powers, there are numberless things which must be done, that can neither be antic.i.p.ated nor defined, and which are essential to the proper action of the government."

Congress has given to the Secretary of Agriculture, acting through the Forest Service, the specific task of administering the National Forests, with full power to perform it, and has provided that he "may make such rules and regulations and establish such service as will ensure the objects of said reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction."

Every exercise of the powers granted to the Secretary of Agriculture by statute has been in accordance with the principles laid down by Chief Justice Marshall ninety years ago in the case of McCulloch vs. Maryland (4 Wheat., 421), when he said as to powers delegated by the Federal Const.i.tution to Congress:

"Let the end be legitimate, let it be within the scope of the Const.i.tution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Const.i.tution, are const.i.tutional."

After the transfer of the National Forests from the Interior Department to the Forest Service in 1905, some things were done that had never been done before, such as initiating Government control over water-power monopoly in the National Forests, giving preference to the public over commercial corporations in the use of the Forests, and trying to help the small man make a living rather than the big man make a profit (but always with the effort to be just to both). Always and everywhere we have set the public welfare above the advantage of the special interests.

Because it did these things the Forest Service has made enemies, of some of whom it is justly proud. It has been easy for these enemies to raise the cry of illegality, novelty, and excess of zeal. But in every instance the Service has been fortified either by express statutes, or by decisions of the Supreme Court and other courts, of the Secretary of the Interior, of the Comptroller, or the Attorney-General, or by general principles of law which are beyond dispute. If there is novelty, it consists simply in the way these statutes, decisions, and principles have been used to protect the public. The law officers of the Forest Service have had the Nation for their client, and they are proud to work as zealously for the public as they would in private practice for a fee.

So I think the ghost of illegality in the Forest Service may fairly be laid at rest. But it is not the only one which is clouding the issues of conservation in the public mind. Another misconception is that the friends of conservation are trying to prevent the development of water power by private capital. Nothing could be farther from the truth. The friends of conservation were the first to call public attention to the enormous saving to the Nation which follows the subst.i.tution of the power of falling water, which is constantly renewed, for our coal, which can never be renewed. They favor development by private capital and not by the Government, but they also favor attaching such reasonable conditions to the right to develop as will protect the public and control water-power monopoly in the public interest, while at the same time giving to enterprising capital its just and full reward. They believe that to grant rights to water power in perpetuity is a wrongful mortgage of the welfare of our descendants, and to grant them without insisting on some return for value received is to rob ourselves.

I believe in dividends for the people as well as taxes. Fifty years is long enough for the certainty of profitable investment in water power, and to fix on the amount of return that will be fair to the public and the corporation is not impossible. What city does not regret some ill-considered franchise? And why should not the Nation profit by the experience of its citizens?

There is no reason why the water-power interests should be given the people's property freely and forever except that they would like to have it that way. I suspect that the mere wishes of the special interests, although they have been the mainspring of much public action for many years, have begun to lose their compelling power. A good way to begin to regulate corporations would be to stop them from regulating us.

The sober fact is that here is the imminent battle-ground in the endless contest for the rights of the people. Nothing that can be said or done will suffice to postpone longer the active phases of this fight; and that is why I attach so great importance to the att.i.tude of administrative officers in protecting the public welfare in the enforcement of the law.

From time to time a few strong leaders have tried to unite the people in the fight of the many for the equal opportunities to which they are ent.i.tled. But the people have only just begun to take this fight, in earnest. They have not realized until recently the vital importance and far-reaching consequences of their own pa.s.sive position.

Now that the fight is pa.s.sing into an acute stage it is easily seen that the special interests have used the period of public indifference to manoeuvre themselves into a position of exceeding strength. In the first place, the Const.i.tutional position of property in the United States is stronger than in any other nation. In the second place, it is well understood that the influence of the corporations in our law-making bodies is usually excessive, not seldom to the point of defeating the will of the people steadily and with ease. In the third place, cases are not unknown in which the special interests, not satisfied with making the laws, have a.s.sumed also to interpret them, through that worst of evils in the body politic, an unjust judge.

When an interest or an enemy is entrenched in a position rendered impregnable against an expected mode of attack, there is but one remedy, to s.h.i.+ft the ground and follow lines against which no preparation has been made. Fortunately for us, the special interests, with a blindness which naturally follows from their wholly commercialized point of view, have failed to see the essential fact in this great conflict. They do not understand that this is far more than an economic question, that in its essence and in every essential characteristic it is a moral question.

The present economic order, with its face turned away from equality of opportunity, involves a bitter moral wrong, which must be corrected for moral reasons and along moral lines. It must be corrected with justness and firmness, but not bitterly, for that would be to lower the Nation to the moral level of the evil which we have set ourselves to fight.

This is the doctrine of the Square Deal. It contains the germ of industrial liberty. Its partisans are the many, its opponents are the few. I am firm in the faith that the great majority of our people are Square Dealers.

CHAPTER VI

BUSINESS

The business of the people of the United States, performed by the Government of the United States, is a vast and a most important one; it is the house-keeping of the American Nation. As a business proposition it does not attract anything like the attention that it ought.

Unfortunately we have come into the habit of considering the Government of the United States as a political organization rather than as a business organization.

Now this question, which the Governors of the States and the representatives of great interests were called to Was.h.i.+ngton to consider in 1908, is fundamentally a business question, and it is along business lines that it must be considered and solved, if the problem is to be solved at all. Manufacturers are dealing with the necessity for producing a definite output as a result of definite expenditure and definite effort. The Government of the United States is doing exactly the same thing. The manufacturer's product can be measured in dollars and cents. The product of the Government of the United States can be measured partly in dollars and cents, but far more importantly in the welfare and contentment and happiness of the people over which it is called upon to preside.

The keynote of that Conservation Conference in Was.h.i.+ngton was forethought and foresight. The keynote of success in any line of life, or one of the great keynotes, must be forethought and foresight. If we, as a Nation, are to continue the wonderful growth we have had, it is forethought and foresight which must give us the capacity to go on as we have been going. I dwell on this because it seems to me to be one of the most curious of all things in the history of the United States to-day that we should have grasped this principle so tremendously and so vigorously in our daily lives, in the conduct of our own business, and yet have failed so completely to make the obvious application in the things which concern the Nation.

It is curiously true that great aggregations of individuals and organized bodies are apt to be less far-sighted, less moral, less intelligent along certain lines than the individual citizen; or at least that their standards are lower; a principle which is ill.u.s.trated by the fact that we have got over settling disputes between individuals by the strong hand, but not yet between nations.

So we have allowed ourselves as a Nation, in the flush of the tremendous progress that we have made, to fail to look at the end from the beginning and to put ourselves in a position where the normal operation of natural laws threatens to bring us to a halt in a way which will make every man, woman, and child in the Nation feel the pinch when it comes.

No man may rightly fail to take a great pride in what has been accomplished by means of the destruction of our natural resources so far as it has gone. It is a paradoxical statement, perhaps, but nevertheless true, because out of this attack on what nature has given we have won a kind of prosperity and a kind of civilization and a kind of man that are new in the world. For example, nothing like the rapidity of the destruction of American forests has ever been known in forest history, and nothing like the efficiency and vigor and inventiveness of the American lumberman has ever been developed by any attack on any forests elsewhere. Probably the most effective tool that the human mind and hand have ever made is the American axe. So the American business man has grasped his opportunities and used them and developed them and invented about them, thought them into lines of success, and thus has developed into a new business man, with a vigor and effectiveness and a cutting-edge that has never been equalled anywhere else. We have gained out of the vast destruction of our natural resources a degree of vigor and power and efficiency of which every man of us ought to be proud.

Now that is done. We have accomplished these big things. What is the next step? Shall we go on in the same lines to the certain destruction of the prosperity which we have created, or shall we take the obvious lesson of all human history, turn our backs on the uncivilized point of view, and adopt toward our natural resources the average prudence and average foresight and average care that we long ago adopted as a rule of our daily life?

The conservation movement is calling the attention of the American people to the fact that they are trustees. The fact seems to me so plain as to require only a statement of it, to carry conviction. Can we reasonably fail to recognize the obligation which rests upon us in this matter? And, if we do fail to recognize it, can we reasonably expect even a fairly good reputation at the hands of our descendants?

Business prudence and business common-sense indicate as strongly as anything can the absolute necessity of a change in point of view on the part of the people of the United States regarding their natural resources. The way we have been handling them is not good business.

Purely on the side of dollars and cents, it is not good business to kill the goose that lays the golden egg, to burn up half our forests, to waste our coal, and to remove from under the feet of those who are coming after us the opportunity for equal happiness with ourselves. The thing we ought to leave to them is not merely an opportunity for equal happiness and equal prosperity, but for a vastly increased fund of both.

Conservation is not merely a question of business, but a question of a vastly higher duty. In dealing with our natural resources we have come to a place at last where every consideration of patriotism, every consideration of love of country, of grat.i.tude for things that the land and the inst.i.tutions of this Nation have given us, call upon us for a return. If we owe anything to the United States, if this country has been good to us, if it has given us our prosperity, our education, and our chance of happiness, then there is a duty resting upon us. That duty is to see, so far as in us lies, that those who are coming after us shall have the same opportunity for happiness we have had ourselves.

Apart from any business consideration, apart from the question of the immediate dollar, this problem of the future wealth and happiness and prosperity of the people of the United States has a right to our attention. It rises far above all matters of temporary individual business advantage, and becomes a great question of national preservation. We all have the unquestionable right to a reasonable use of natural resources during our lifetime, we all may use, and should use, the good things that were put here for our use, for in the last a.n.a.lysis this question of conservation is the question of national preservation and national efficiency.

CHAPTER VII

THE MORAL ISSUE

The central thing for which Conservation stands is to make this country the best possible place to live in, both for us and for our descendants.

It stands against the waste of the natural resources which cannot be renewed, such as coal and iron; it stands for the perpetuation of the resources which can be renewed, such as the food-producing soils and the forests; and most of all it stands for an equal opportunity for every American citizen to get his fair share of benefit from these resources, both now and hereafter.

Conservation stands for the same kind of practical common-sense management of this country by the people that every business man stands for in the handling of his own business. It believes in prudence and foresight instead of reckless blindness; it holds that resources now public property should not become the basis for oppressive private monopoly; and it demands the complete and orderly development of all our resources for the benefit of all the people, instead of the partial exploitation of them for the benefit of a few. It recognizes fully the right of the present generation to use what it needs and all it needs of the natural resources now available, but it recognizes equally our obligation so to use what we need that our descendants shall not be deprived of what they need.

Conservation has much to do with the welfare of the average man of to-day. It proposes to secure a continuous and abundant supply of the necessaries of life, which means a reasonable cost of living and business stability. It advocates fairness in the distribution of the benefits which flow from the natural resources. It will matter very little to the average citizen, when scarcity comes and prices rise, whether he can not get what he needs because there is none left or because he can not afford to pay for it. In both cases the essential fact is that he can not get what he needs. Conservation holds that it is about as important to see that the people in general get the benefit of our natural resources as to see that there shall be natural resources left.