\K\VS AND NOTKS 



781 



risk of losing many of the advantages of 

 the present law. 



The Senators also emphasized, especially 

 during the latter part of the trip, the fact 

 that every dollar paid out of the fund must 

 be returned, and that whatever may be the 

 excuses offered, they would insist that the 

 money be refunded to the Treasury in due 

 course of time. It was recognized that, of 

 course, there would be great inconvenience 

 and in some cases actual hardship in requir- 

 ing the repayment of the cost in ten annual 

 installments ; but it would be impossible to 

 modify the law to favor certain deserving 

 individuals or localities. The result of this 

 declaration has been immediately manifest in 

 the rapid increase in returns to the fund, tele- 

 grams having been received within a day 

 after the announcement was made, showing 

 that in one place $2,000 had been refunded. 



The Senators also were practically unani- 

 mous in the belief that work should be expe- 

 dited by securing additional funds, if pos- 

 sible, through the issue of bonds or other 

 interest-bearing obligations. 



The results already attained justify thi^ 

 action. 



Mr. Newell expresses himself as greatly- 

 pleased with the results of the trip because 

 many matters of policy which previously had 

 been criticized are now unqualifiedly ap- 

 proved, and he felt that the Reclamation 

 Service is endorsed by men well informed 

 regarding its work, and while they might dis- 

 agree on details, were fully convinced of the 

 wisdom of the act, and the effectiveness of 

 the administration. 



Mr, Pinchot at the New Orleans Meeting 



At the Lakes-to-the-gulf Deep Waterway- 

 Convention in New Orleans, Mr. Gifford 

 Pinchot, United States Forester, said : 



"Certain newspapers have said of late thar 

 the Forest Service has gone beyond the law 

 in carrying out its work. This assertaion ha- 

 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 at- 

 tack, 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 more than $11,- 

 000,000 has passed successfully the scrutiny 

 of the Treasurer 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 in- 

 terpret it seem to agree that our work has 

 been legal. 



"But it is not enough to say that the Forest 

 Service has kept within the law. Other quali 

 tications go to make efficiency in a Govern 

 ment 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 regard 

 ing the duty of an administrative officer in 

 enforcing the law. One point of view asks, 

 'Is there any express and specific law author- 

 izing 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 hav- 

 ing thus sought and found a legal justifica- 

 tion, 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 serv- 

 ice. 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, bin 

 a tool to help him in his work. And I main- 

 tain 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. * * * 



"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 fran- 

 chise? 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 prop 

 erty 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 immi 

 nent 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 attitude of administrative officers in pro- 

 tecting 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 entitled. But the people have only 



