There was one cartoon made while I was President, in which I appeared incidentally, that was always a great favorite of mine. It pictured an old fellow with chin whiskers, a farmer, in his shirt-sleeves, with his boots off, sitting before the fire, reading the President's Message. On his feet were stockings of the kind I have seen hung up by the dozen in Joe Ferris's store at Medora, in the days when I used to come in to town and sleep in one of the rooms over the store. The title of the picture was "His Favorite Author." This was the old fellow whom I always used to keep in mind. He had probably been in the Civil War in his youth; he had worked hard ever since he left the army; he had been a good husband and father; he had brought up his boys and girls to work; he did not wish to do injustice to any one else, but he wanted justice done to himself and to others like him; and I was bound to secure that justice for him if it lay in my power to do so.[*]
[*] I believe I realized fairly well this ambition. I shall turn to my enemies to attest the truth of this statement. The New York Sun, shortly before the National Convention of 1904, spoke of me as follows:
"President Roosevelt holds that his nomination by the National Republican Convention of 1904 is an assured thing. He makes no concealment of his conviction, and it is unreservedly shared by his friends. We think President Roosevelt is right.
"There are strong and convincing reasons why the President should feel that success is within his grasp. He has used the opportunities that he found or created, and he has used them with consummate skill and undeniable success.
"The President has disarmed all his enemies. Every weapon they had, new or old, has been taken from them and added to the now unassailable Roosevelt arsenal. Why should people wonder that Mr. Bryan clings to silver? Has not Mr. Roosevelt absorbed and sequestered every vestige of the Kansas City platform that had a shred of practical value? Suppose that Mr. Bryan had been elected President. What could he have accomplished compared with what Mr. Roosevelt has accomplished? Will his most passionate followers pretend for one moment that Mr. Bryan could have conceived, much less enforced, any such pursuit of the trusts as that which Mr. Roosevelt has just brought to a triumphant issue? Will Mr. Bryan himself intimate that the Federal courts would have turned to his projects the friendly countenance which they have lent to those of Mr. Roosevelt?
"Where is 'government by injunction' gone to? The very emptiness of that once potent phrase is beyond description! A regiment of Bryans could not compete with Mr. Roosevelt in harrying the trusts, in bringing wealth to its knees, and in converting into the palpable actualities of action the wildest dreams of Bryan's campaign orators. He has outdone them all.
"And how utterly the President has routed the pretensions of Bryan, and of the whole Democratic horde in respect to organized labor! How empty were all their professions, their mouthings and their howlings in the face of the simple and unpretentious achievements of the President! In his own straightforward fashion he inflicted upon capital in one short hour of the coal strike a greater humiliation than Bryan could have visited upon it in a century. He is the leader of the labor unions of the United States. Mr. Roosevelt has put them above the law and above the Constitution, because for him they are the American people." [This last, I need hardly say, is merely a rhetorical method of saying that I gave the labor union precisely the same treatment as the corporation.]
Senator La Follette, in the issue of his magazine immediately following my leaving the Presidency in March, 1909, wrote as follows:
"Roosevelt steps from the stage gracefully. He has ruled his party to a large extent against its will. He has played a large part in the world's work, for the past seven years. The activities of his remarkably forceful personality have been so manifold that it will be long before his true rating will be fixed in the opinion of the race. He is said to think that the three great things done by him are the undertaking of the construction of the Panama Canal and its rapid and successful carrying forward, the making of peace between Russia and Japan, and the sending around the world of the fleet.
"These are important things, but many will be slow to think them his greatest services. The Panama Canal will surely serve mankind when in operation; and the manner of organizing this work seems to be fine. But no one can say whether this project will be a gigantic success or a gigantic failure; and the task is one which must, in the nature of things, have been undertaken and carried through some time soon, as historic periods go, anyhow. The Peace of Portsmouth was a great thing to be responsible for, and Roosevelt's good offices undoubtedly saved a great and bloody battle in Manchuria. But the war was fought out, and the parties ready to quit, and there is reason to think that it was only when this situation was arrived at that the good offices of the President of the United States were, more or less indirectly, invited. The fleet's cruise was a strong piece of diplomacy, by which we informed Japan that we will send our fleet wherever we please and whenever we please. It worked out well.
"But none of these things, it will seem to many, can compare with some of Roosevelt's other achievements. Perhaps he is loath to take credit as a reformer, for he is prone to spell the word with question marks, and to speak disparagingly of 'reform.'
"But for all that, this contemner of 'reformers' made reform respectable in the United States, and this rebuker of 'muck-rakers' has been the chief agent in making the history of 'muck-raking' in the United States a National one, conceded to be useful. He has preached from the White House many doctrines; but among them he has left impressed on the American mind the one great truth of economic justice couched in the pithy and stinging phrase 'the square deal.' The task of making reform respectable in a commercialized world, and of giving the Nation a slogan in a phrase, is greater than the man who performed it is likely to think.
"And, then, there is the great and statesmanlike movement for the conservation of our National resources, into which Roosevelt so energetically threw himself at a time when the Nation as a whole knew not that we are ruining and bankrupting ourselves as fast as we can. This is probably the greatest thing Roosevelt did, undoubtedly. This globe is the capital stock of the race. It is just so much coal and oil and gas. This may be economized or wasted. The same thing is true of phosphates and other mineral resources. Our water resources are immense, and we are only just beginning to use them. Our forests have been destroyed; they must be restored. Our soils are being depleted; they must be built up and conserved.
"These questions are not of this day only or of this generation. They belong all to the future. Their consideration requires that high moral tone which regards the earth as the home of a posterity to whom we owe a sacred duty.
"This immense idea Roosevelt, with high statesmanship, dinned into the ears of the Nation until the Nation heeded. He held it so high that it attracted the attention of the neighboring nations of the continent, and will so spread and intensify that we will soon see the world's conferences devoted to it.
"Nothing can be greater or finer than this. It is so great and so fine that when the historian of the future shall speak of Theodore Roosevelt he is likely to say that he did many notable things, among them that of inaugurating the movement which finally resulted in the square deal, but that his greatest work was inspiring and actually beginning a world movement for staying terrestrial waste and saving for the human race the things upon which, and upon which alone, a great and peaceful and progressive and happy race life can be founded.
"What statesman in all history has done anything calling for so wide a view and for a purpose more lofty?"
THE NATURAL RESOURCES OF THE NATION
When Governor of New York, as I have already described, I had been in consultation with Gifford Pinchot and F. H. Newell, and had shaped my recommendations about forestry largely in accordance with their suggestions. Like other men who had thought about the national future at all, I had been growing more and more concerned over the destruction of the forests.
While I had lived in the West I had come to realize the vital need of irrigation to the country, and I had been both amused and irritated by the attitude of Eastern men who obtained from Congress grants of National money to develop harbors and yet fought the use of the Nation's power to develop the irrigation work of the West. Major John Wesley Powell, the explorer of the Grand Canyon, and Director of the Geological Survey, was the first man who fought for irrigation, and he lived to see the Reclamation Act passed and construction actually begun. Mr. F. H. Newell, the present Director of the Reclamation Service, began his work as an assistant hydraulic engineer under Major Powell; and, unlike Powell, he appreciated the need of saving the forests and the soil as well as the need of irrigation. Between Powell and Newell came, as Director of the Geological Survey, Charles D. Walcott, who, after the Reclamation Act was passed, by his force, pertinacity, and tact, succeeded in putting the act into effect in the best possible manner. Senator Francis G. Newlands, of Nevada, fought hard for the cause of reclamation in Congress. He attempted to get his State to act, and when that proved hopeless to get the Nation to act; and was ably assisted by Mr. G. H. Maxwell, a Californian, who had taken a deep interest in irrigation matters. Dr. W. J. McGee was one of the leaders in all the later stages of the movement. But Gifford Pinchot is the man to whom the nation owes most for what has been accomplished as regards the preservation of the natural resources of our country. He led, and indeed during its most vital period embodied, the fight for the preservation through use of our forests. He played one of the leading parts in the effort to make the National Government the chief instrument in developing the irrigation of the arid West. He was the foremost leader in the great struggle to coordinate all our social and governmental forces in the effort to secure the adoption of a rational and farseeing policy for securing the conservation of all our national resources. He was already in the Government service as head of the Forestry Bureau when I became President; he continued throughout my term, not only as head of the Forest service, but as the moving and directing spirit in most of the conservation work, and as counsellor and assistant on most of the other work connected with the internal affairs of the country. Taking into account the varied nature of the work he did, its vital importance to the nation and the fact that as regards much of it he was practically breaking new ground, and taking into account also his tireless energy and activity, his fearlessness, his complete disinterestedness, his single-minded devotion to the interests of the plain people, and his extraordinary efficiency, I believe it is but just to say that among the many, many public officials who under my administration rendered literally invaluable service to the people of the United States, he, on the whole, stood first. A few months after I left the Presidency he was removed from office by President Taft.
The first work I took up when I became President was the work of reclamation. Immediately after I had come to Washington, after the assassination of President McKinley, while staying at the house of my sister, Mrs. Cowles, before going into the White House, Newell and Pinchot called upon me and laid before me their plans for National irrigation of the arid lands of the West, and for the consolidation of the forest work of the Government in the Bureau of Forestry.
At that time a narrowly legalistic point of view toward natural resources obtained in the Departments, and controlled the Governmental administrative machinery. Through the General Land Office and other Government bureaus, the public resources were being handled and disposed of in accordance with the small considerations of petty legal formalities, instead of for the large purposes of constructive development, and the habit of deciding, whenever possible, in favor of private interests against the public welfare was firmly fixed. It was as little customary to favor the bona-fide settler and home builder, as against the strict construction of the law, as it was to use the law in thwarting the operations of the land grabbers. A technical compliance with the letter of the law was all that was required.
The idea that our natural resources were inexhaustible still obtained, and there was as yet no real knowledge of their extent and condition. The relation of the conservation of natural resources to the problems of National welfare and National efficiency had not yet dawned on the public mind. The reclamation of arid public lands in the West was still a matter for private enterprise alone; and our magnificent river system, with its superb possibilities for public usefulness, was dealt with by the National Government not as a unit, but as a disconnected series of pork-barrel problems, whose only real interest was in their effect on the reelection or defeat of a Congressman here and there—a theory which, I regret to say, still obtains.
The place of the farmer in the National economy was still regarded solely as that of a grower of food to be eaten by others, while the human needs and interests of himself and his wife and children still remained wholly outside the recognition of the Government.
All the forests which belonged to the United States were held and administered in one Department, and all the foresters in Government employ were in another Department. Forests and foresters had nothing whatever to do with each other. The National Forests in the West (then called forest reserves) were wholly inadequate in area to meet the purposes for which they were created, while the need for forest protection in the East had not yet begun to enter the public mind.
Such was the condition of things when Newell and Pinchot called on me. I was a warm believer in reclamation and in forestry, and, after listening to my two guests, I asked them to prepare material on the subject for me to use in my first message to Congress, of December 3, 1901. This message laid the foundation for the development of irrigation and forestry during the next seven and one-half years. It set forth the new attitude toward the natural resources in the words: "The Forest and water problems are perhaps the most vital internal problems of the United States."
On the day the message was read, a committee of Western Senators and Congressmen was organized to prepare a Reclamation Bill in accordance with the recommendations. By far the most effective of the Senators in drafting and pushing the bill, which became known by his name, was Newlands. The draft of the bill was worked over by me and others at several conferences and revised in important particulars; my active interference was necessary to prevent it from being made unworkable by an undue insistence upon States Rights, in accordance with the efforts of Mr. Mondell and other Congressmen, who consistently fought for local and private interests as against the interests of the people as a whole.
On June 17, 1902, the Reclamation Act was passed. It set aside the proceeds of the disposal of public lands for the purpose of reclaiming the waste areas of the arid West by irrigating lands otherwise worthless, and thus creating new homes upon the land. The money so appropriated was to be repaid to the Government by the settlers, and to be used again as a revolving fund continuously available for the work.
The impatience of the Western people to see immediate results from the Reclamation Act was so great that red tape was disregarded, and the work was pushed forward at a rate previously unknown in Government affairs. Later, as in almost all such cases, there followed the criticisms of alleged illegality and haste which are so easy to make after results have been accomplished and the need for the measures without which nothing could have been done has gone by. These criticisms were in character precisely the same as that made about the acquisition of Panama, the settlement of the anthracite coal strike, the suits against the big trusts, the stopping of the panic of 1907 by the action of the Executive concerning the Tennessee Coal and Iron Company; and, in short, about most of the best work done during my administration.
With the Reclamation work, as with much other work under me, the men in charge were given to understand that they must get into the water if they would learn to swim; and, furthermore, they learned to know that if they acted honestly, and boldly and fearlessly accepted responsibility, I would stand by them to the limit. In this, as in every other case, in the end the boldness of the action fully justified itself.
Every item of the whole great plan of Reclamation now in effect was undertaken between 1902 and 1906. By the spring of 1909 the work was an assured success, and the Government had become fully committed to its continuance. The work of Reclamation was at first under the United States Geological Survey, of which Charles D. Walcott was at that time Director. In the spring of 1908 the United States Reclamation Service was established to carry it on, under the direction of Frederick Hayes Newell, to whom the inception of the plan was due. Newell's single-minded devotion to this great task, the constructive imagination which enabled him to conceive it, and the executive power and high character through which he and his assistant, Arthur P. Davis, built up a model service—all these have made him a model servant. The final proof of his merit is supplied by the character and records of the men who later assailed him.
Although the gross expenditure under the Reclamation Act is not yet as large as that for the Panama Canal, the engineering obstacles to be overcome have been almost as great, and the political impediments many times greater. The Reclamation work had to be carried on at widely separated points, remote from railroads, under the most difficult pioneer conditions. The twenty-eight projects begun in the years 1902 to 1906 contemplated the irrigation of more than three million acres and the watering of more than thirty thousand farms. Many of the dams required for this huge task are higher than any previously built anywhere in the world. They feed main-line canals over seven thousand miles in total length, and involve minor constructions, such as culverts and bridges, tens of thousands in number.
What the Reclamation Act has done for the country is by no means limited to its material accomplishment. This Act and the results flowing from it have helped powerfully to prove to the Nation that it can handle its own resources and exercise direct and business-like control over them. The population which the Reclamation Act has brought into the arid West, while comparatively small when compared with that in the more closely inhabited East, has been a most effective contribution to the National life, for it has gone far to transform the social aspect of the West, making for the stability of the institutions upon which the welfare of the whole country rests: it has substituted actual homemakers, who have settled on the land with their families, for huge, migratory bands of sheep herded by the hired shepherds of absentee owners.
The recent attacks on the Reclamation Service, and on Mr. Newell, arise in large part, if not altogether, from an organized effort to repudiate the obligation of the settlers to repay the Government for what it has expended to reclaim the land. The repudiation of any debt can always find supporters, and in this case it has attracted the support not only of certain men among the settlers who hope to be relieved of paying what they owe, but also of a variety of unscrupulous politicians, some highly placed. It is unlikely that their efforts to deprive the West of the revolving Irrigation fund will succeed in doing anything but discrediting these politicians in the sight of all honest men.
When in the spring of 1911 I visited the Roosevelt Dam in Arizona, and opened the reservoir, I made a short speech to the assembled people. Among other things, I said to the engineers present that in the name of all good citizens I thanked them for their admirable work, as efficient as it was honest, and conducted according to the highest standards of public service. As I looked at the fine, strong, eager faces of those of the force who were present, and thought of the similar men in the service, in the higher positions, who were absent, and who were no less responsible for the work done, I felt a foreboding that they would never receive any real recognition for their achievement; and, only half humorously, I warned them not to expect any credit, or any satisfaction, except their own knowledge that they had done well a first-class job, for that probably the only attention Congress would ever pay them would be to investigate them. Well, a year later a Congressional Committee actually did investigate them. The investigation was instigated by some unscrupulous local politicians and by some settlers who wished to be relieved from paying their just obligations; and the members of the Committee joined in the attack on as fine and honorable a set of public servants as the Government has ever had; an attack made on them solely because they were honorable and efficient and loyal to the interests both of the Government and the settlers.
When I became President, the Bureau of Forestry (since 1905 the United States Forest Service) was a small but growing organization, under Gifford Pinchot, occupied mainly with laying the foundation of American forestry by scientific study of the forests, and with the promotion of forestry on private lands. It contained all the trained foresters in the Government service, but had charge of no public timberland whatsoever. The Government forest reserves of that day were in the care of a Division in the General Land Office, under the management of clerks wholly without knowledge of forestry, few if any of whom had ever seen a foot of the timberlands for which they were responsible. Thus the reserves were neither well protected nor well used. There were no foresters among the men who had charge of the National Forests, and no Government forests in charge of the Government foresters.
In my first message to Congress I strongly recommended the consolidation of the forest work in the hands of the trained men of the Bureau of Forestry. This recommendation was repeated in other messages, but Congress did not give effect to it until three years later. In the meantime, by thorough study of the Western public timberlands, the groundwork was laid for the responsibilities which were to fall upon the Bureau of Forestry when the care of the National Forests came to be transferred to it. It was evident that trained American Foresters would be needed in considerable numbers, and a forest school was established at Yale to supply them.
In 1901, at my suggestion as President, the Secretary of the Interior, Mr. Hitchcock, made a formal request for technical advice from the Bureau of Forestry in handling the National Forests, and an extensive examination of their condition and needs was accordingly taken up. The same year a study was begun of the proposed Appalachian National Forest, the plan of which, already formulated at that time, has since been carried out. A year later experimental planting on the National Forests was also begun, and studies preparatory to the application of practical forestry to the Indian Reservations were undertaken. In 1903, so rapidly did the public work of the Bureau of Forestry increase, that the examination of land for new forest reserves was added to the study of those already created, the forest lands of the various States were studied, and cooperation with several of them in the examination and handling of their forest lands was undertaken. While these practical tasks were pushed forward, a technical knowledge of American Forests was rapidly accumulated. The special knowledge gained was made public in printed bulletins; and at the same time the Bureau undertook, through the newspaper and periodical press, to make all the people of the United States acquainted with the needs and the purposes of practical forestry. It is doubtful whether there has ever been elsewhere under the Government such effective publicity—publicity purely in the interest of the people—at so low a cost. Before the educational work of the Forest Service was stopped by the Taft Administration, it was securing the publication of facts about forestry in fifty million copies of newspapers a month at a total expense of $6000 a year. Not one cent has ever been paid by the Forest Service to any publication of any kind for the printing of this material. It was given out freely, and published without cost because it was news. Without this publicity the Forest Service could not have survived the attacks made upon it by the representatives of the great special interests in Congress; nor could forestry in America have made the rapid progress it has.
The result of all the work outlined above was to bring together in the Bureau of Forestry, by the end of 1904, the only body of forest experts under the Government, and practically all of the first-hand information about the public forests which was then in existence. In 1905, the obvious foolishness of continuing to separate the foresters and the forests, reenforced by the action of the First National Forest Congress, held in Washington, brought about the Act of February 1, 1905, which transferred the National Forests from the care of the Interior Department to the Department of Agriculture, and resulted in the creation of the present United States Forest Service.
The men upon whom the responsibility of handling some sixty million acres of National Forest lands was thus thrown were ready for the work, both in the office and in the field, because they had been preparing for it for more than five years. Without delay they proceeded, under the leadership of Pinchot, to apply to the new work the principles they had already formulated. One of these was to open all the resources of the National Forests to regulated use. Another was that of putting every part of the land to that use in which it would best serve the public. Following this principle, the Act of June 11, 1906, was drawn, and its passage was secured from Congress. This law throws open to settlement all land in the National Forests that is found, on examination, to be chiefly valuable for agriculture. Hitherto all such land had been closed to the settler.
The principles thus formulated and applied may be summed up in the statement that the rights of the public to the natural resources outweigh private rights, and must be given its first consideration. Until that time, in dealing with the National Forests, and the public lands generally, private rights had almost uniformly been allowed to overbalance public rights. The change we made was right, and was vitally necessary; but, of course, it created bitter opposition from private interests.
One of the principles whose application was the source of much hostility was this: It is better for the Government to help a poor man to make a living for his family than to help a rich man make more profit for his company. This principle was too sound to be fought openly. It is the kind of principle to which politicians delight to pay unctuous homage in words. But we translated the words into deeds; and when they found that this was the case, many rich men, especially sheep owners, were stirred to hostility, and they used the Congressmen they controlled to assault us—getting most aid from certain demagogues, who were equally glad improperly to denounce rich men in public and improperly to serve them in private. The Forest Service established and enforced regulations which favored the settler as against the large stock owner; required that necessary reductions in the stock grazed on any National Forest should bear first on the big man, before the few head of the small man, upon which the living of his family depended, were reduced; and made grazing in the National Forests a help, instead of a hindrance, to permanent settlement. As a result, the small settlers and their families became, on the whole, the best friends the Forest Service has; although in places their ignorance was played on by demagogues to influence them against the policy that was primarily for their own interest.
Another principle which led to the bitterest antagonism of all was this—whoever (except a bona-fide settler) takes public property for private profit should pay for what he gets. In the effort to apply this principle, the Forest Service obtained a decision from the Attorney-General that it was legal to make the men who grazed sheep and cattle on the National Forests pay for what they got. Accordingly, in the summer of 1906, for the first time, such a charge was made; and, in the face of the bitterest opposition, it was collected.
Up to the time the National Forests were put under the charge of the Forest Service, the Interior Department had made no effort to establish public regulation and control of water powers. Upon the transfer, the Service immediately began its fight to handle the power resources of the National Forests so as to prevent speculation and monopoly and to yield a fair return to the Government. On May 1, 1906, an Act was passed granting the use of certain power sites in Southern California to the Edison Electric Power Company, which Act, at the suggestion of the Service, limited the period of the permit to forty years, and required the payment of an annual rental by the company, the same conditions which were thereafter adopted by the Service as the basis for all permits for power development. Then began a vigorous fight against the position of the Service by the water-power interests. The right to charge for water-power development was, however, sustained by the Attorney-General.
In 1907, the area of the National Forests was increased by Presidential proclamation more than forty-three million acres; the plant necessary for the full use of the Forests, such as roads, trails, and telephone lines, began to be provided on a large scale; the interchange of field and office men, so as to prevent the antagonism between them, which is so destructive of efficiency in most great businesses, was established as a permanent policy; and the really effective management of the enormous area of the National Forests began to be secured.
With all this activity in the field, the progress of technical forestry and popular education was not neglected. In 1907, for example, sixty-one publications on various phases of forestry, with a total of more than a million copies, were issued, as against three publications, with a total of eighty-two thousand copies, in 1901. By this time, also, the opposition of the servants of the special interests in Congress to the Forest Service had become strongly developed, and more time appeared to be spent in the yearly attacks upon it during the passage of the appropriation bills than on all other Government Bureaus put together. Every year the Forest Service had to fight for its life.
One incident in these attacks is worth recording. While the Agricultural Appropriation Bill was passing through the Senate, in 1907, Senator Fulton, of Oregon, secured an amendment providing that the President could not set aside any additional National Forests in the six Northwestern States. This meant retaining some sixteen million of acres to be exploited by land grabbers and by the representatives of the great special interests, at the expense of the public interest. But for four years the Forest Service had been gathering field notes as to what forests ought to be set aside in these States, and so was prepared to act. It was equally undesirable to veto the whole agricultural bill, and to sign it with this amendment effective. Accordingly, a plan to create the necessary National Forest in these States before the Agricultural Bill could be passed and signed was laid before me by Mr. Pinchot. I approved it. The necessary papers were immediately prepared. I signed the last proclamation a couple of days before, by my signature, the bill became law; and, when the friends of the special interests in the Senate got their amendment through and woke up, they discovered that sixteen million acres of timberland had been saved for the people by putting them in the National Forests before the land grabbers could get at them. The opponents of the Forest Service turned handsprings in their wrath; and dire were their threats against the Executive; but the threats could not be carried out, and were really only a tribute to the efficiency of our action.
By 1908, the fire prevention work of the Forest Service had become so successful that eighty-six per cent of the fires that did occur were held down to an area of five acres or less, and the timber sales, which yielded $60,000 in 1905, in 1908 produced $850,000. In the same year, in addition to the work of the National Forests, the responsibility for the proper handling of Indian timberlands was laid upon the Forest Service, where it remained with great benefit to the Indians until it was withdrawn, as a part of the attack on the Conservation policy made after I left office.
By March 4, 1909, nearly half a million acres of agricultural land in the National Forests had been opened to settlement under the Act of June 11, 1906. The business management of the Forest Service became so excellent, thanks to the remarkable executive capacity of the Associate Forester, Overton W. Price (removed after I left office), that it was declared by a well-known firm of business organizers to compare favorably with the best managed of the great private corporations, an opinion which was confirmed by the report of a Congressional investigation, and by the report of the Presidential Committee on Department method. The area of the National Forests had increased from 43 to 194 million acres; the force from about 500 to more than 3000. There was saved for public use in the National Forests more Government timberland during the seven and a half years prior to March 4, 1909, than during all previous and succeeding years put together.
The idea that the Executive is the steward of the public welfare was first formulated and given practical effect in the Forest Service by its law officer, George Woodruff. The laws were often insufficient, and it became well-nigh impossible to get them amended in the public interest when once the representatives of privilege in Congress grasped the fact that I would sign no amendment that contained anything not in the public interest. It was necessary to use what law was already in existence, and then further to supplement it by Executive action. The practice of examining every claim to public land before passing it into private ownership offers a good example of the policy in question. This practice, which has since become general, was first applied in the National Forests. Enormous areas of valuable public timberland were thereby saved from fraudulent acquisition; more than 250,000 acres were thus saved in a single case.
This theory of stewardship in the interest of the public was well illustrated by the establishment of a water-power policy. Until the Forest Service changed the plan, water-powers on the navigable streams, on the public domain, and in the National Forests were given away for nothing, and substantially without question, to whoever asked for them. At last, under the principle that public property should be paid for and should not be permanently granted away when such permanent grant is avoidable, the Forest Service established the policy of regulating the use of power in the National Forests in the public interest and making a charge for value received. This was the beginning of the water-power policy now substantially accepted by the public, and doubtless soon to be enacted into law. But there was at the outset violent opposition to it on the part of the water-power companies, and such representatives of their views in Congress as Messrs. Tawney and Bede.
Many bills were introduced in Congress aimed, in one way or another, at relieving the power companies of control and payment. When these bills reached me I refused to sign them; and the injury to the public interest which would follow their passage was brought sharply to public attention in my message of February 26, 1908. The bills made no further progress.
Under the same principle of stewardship, railroads and other corporations, which applied for and were given rights in the National Forests, were regulated in the use of those rights. In short, the public resources in charge of the Forest Service were handled frankly and openly for the public welfare under the clear-cut and clearly set forth principle that the public rights come first and private interest second.
The natural result of this new attitude was the assertion in every form by the representatives of special interests that the Forest Service was exceeding its legal powers and thwarting the intention of Congress. Suits were begun wherever the chance arose. It is worth recording that, in spite of the novelty and complexity of the legal questions it had to face, no court of last resort has ever decided against the Forest Service. This statement includes two unanimous decisions by the Supreme Court of the United States (U. S. vs. Grimaud, 220 U. S., 506, and Light vs. U. S., 220 U. S., 523).
In its administration of the National Forests, the Forest Service found that valuable coal lands were in danger of passing into private ownership without adequate money return to the Government and without safeguard against monopoly; and that existing legislation was insufficient to prevent this. When this condition was brought to my attention I withdrew from all forms of entry about sixty-eight million acres of coal land in the United States, including Alaska. The refusal of Congress to act in the public interest was solely responsible for keeping these lands from entry.
The Conservation movement was a direct outgrowth of the forest movement. It was nothing more than the application to our other natural resources of the principles which had been worked out in connection with the forests. Without the basis of public sentiment which had been built up for the protection of the forests, and without the example of public foresight in the protection of this, one of the great natural resources, the Conservation movement would have been impossible. The first formal step was the creation of the Inland Waterways Commission, appointed on March 14, 1907. In my letter appointing the Commission, I called attention to the value of our streams as great natural resources, and to the need for a progressive plan for their development and control, and said: "It is not possible to properly frame so large a plan as this for the control of our rivers without taking account of the orderly development of other natural resources. Therefore I ask that the Inland Waterways Commission shall consider the relations of the streams to the use of all the great permanent natural resources and their conservation for the making and maintenance of prosperous homes."
Over a year later, writing on the report of the Commission, I said:
"The preliminary Report of the Inland Waterways Commission was excellent in every way. It outlines a general plan of waterway improvement which when adopted will give assurance that the improvements will yield practical results in the way of increased navigation and water transportation. In every essential feature the plan recommended by the Commission is new. In the principle of coordinating all uses of the waters and treating each waterway system as a unit; in the principle of correlating water traffic with rail and other land traffic; in the principle of expert initiation of projects in accordance with commercial foresight and the needs of a growing country; and in the principle of cooperation between the States and the Federal Government in the administration and use of waterways, etc.; the general plan proposed by the Commission is new, and at the same time sane and simple. The plan deserves unqualified support. I regret that it has not yet been adopted by Congress, but I am confident that ultimately it will be adopted."
The most striking incident in the history of the Commission was the trip down the Mississippi River in October, 1907, when, as President of the United States, I was the chief guest. This excursion, with the meetings which were held and the wide public attention it attracted, gave the development of our inland waterways a new standing in public estimation. During the trip a letter was prepared and presented to me asking me to summon a conference on the conservation of natural resources. My intention to call such a conference was publicly announced at a great meeting at Memphis, Tenn.
In the November following I wrote to each of the Governors of the several States and to the Presidents of various important National Societies concerned with natural resources, inviting them to attend the conference, which took place May 13 to 15, 1908, in the East Room of the White House. It is doubtful whether, except in time of war, any new idea of like importance has ever been presented to a Nation and accepted by it with such effectiveness and rapidity, as was the case with this Conservation movement when it was introduced to the American people by the Conference of Governors. The first result was the unanimous declaration of the Governors of all the States and Territories upon the subject of Conservation, a document which ought to be hung in every schoolhouse throughout the land. A further result was the appointment of thirty-six State Conservation Commissions and, on June 8, 1908, of the National Conservation Commission. The task of this Commission was to prepare an inventory, the first ever made for any nation, of all the natural resources which underlay its property. The making of this inventory was made possible by an Executive order which placed the resources of the Government Departments at the command of the Commission, and made possible the organization of subsidiary committees by which the actual facts for the inventory were prepared and digested. Gifford Pinchot was made chairman of the Commission.
The report of the National Conservation Commission was not only the first inventory of our resources, but was unique in the history of Government in the amount and variety of information brought together. It was completed in six months. It laid squarely before the American people the essential facts regarding our natural resources, when facts were greatly needed as the basis for constructive action. This report was presented to the Joint Conservation Congress in December, at which there were present Governors of twenty States, representatives of twenty-two State Conservation Commissions, and representatives of sixty National organizations previously represented at the White House conference. The report was unanimously approved, and transmitted to me, January 11, 1909. On January 22, 1909, I transmitted the report of the National Conservation Commission to Congress with a Special Message, in which it was accurately described as "one of the most fundamentally important documents ever laid before the American people."
The Joint Conservation Conference of December, 1908, suggested to me the practicability of holding a North American Conservation Conference. I selected Gifford Pinchot to convey this invitation in person to Lord Grey, Governor General of Canada; to Sir Wilfrid Laurier; and to President Diaz of Mexico; giving as reason for my action, in the letter in which this invitation was conveyed, the fact that: "It is evident that natural resources are not limited by the boundary lines which separate nations, and that the need for conserving them upon this continent is as wide as the area upon which they exist."
In response to this invitation, which included the colony of Newfoundland, the Commissioners assembled in the White House on February 18, 1909. The American Commissioners were Gifford Pinchot, Robert Bacon, and James R. Garfield. After a session continuing through five days, the Conference united in a declaration of principles, and suggested to the President of the United States "that all nations should be invited to join together in conference on the subject of world resources, and their inventory, conservation, and wise utilization." Accordingly, on February 19, 1909, Robert Bacon, Secretary of State, addressed to forty-five nations a letter of invitation "to send delegates to a conference to be held at The Hague at such date to be found convenient, there to meet and consult the like delegates of the other countries, with a view of considering a general plan for an inventory of the natural resources of the world and to devising a uniform scheme for the expression of the results of such inventory, to the end that there may be a general understanding and appreciation of the world's supply of the material elements which underlie the development of civilization and the welfare of the peoples of the earth." After I left the White House the project lapsed.
Throughout the early part of my Administration the public land policy was chiefly directed to the defense of the public lands against fraud and theft. Secretary Hitchcock's efforts along this line resulted in the Oregon land fraud cases, which led to the conviction of Senator Mitchell, and which made Francis J. Heney known to the American people as one of their best and most effective servants. These land fraud prosecutions under Mr. Heney, together with the study of the public lands which preceded the passage of the Reclamation Act in 1902, and the investigation of land titles in the National Forests by the Forest Service, all combined to create a clearer understanding of the need of land law reform, and thus led to the appointment of the Public Lands Commission. This Commission, appointed by me on October 22, 1903, was directed to report to the President: "Upon the condition, operation, and effect of the present land laws, and to recommend such changes as are needed to effect the largest practicable disposition of the public lands to actual settlers who will build permanent homes upon them, and to secure in permanence the fullest and most effective use of the resources of the public lands." It proceeded without loss of time to make a personal study on the ground of public land problems throughout the West, to confer with the Governors and other public men most concerned, and to assemble the information concerning the public lands, the laws and decisions which governed them, and the methods of defeating or evading those laws, which was already in existence, but which remained unformulated in the records of the General Land Office and in the mind of its employees. The Public Lands Commission made its first preliminary report on March 7, 1904. It found "that the present land laws do not fit the conditions of the remaining public lands," and recommended specific changes to meet the public needs. A year later the second report of the Commission recommended still further changes, and said "The fundamental fact that characterizes the situation under the present land laws is this, that the number of patents issued is increasing out of all proportion to the number of new homes." This report laid the foundation of the movement for Government control of the open range, and included by far the most complete statement ever made of the disposition of the public domain.
Among the most difficult topics considered by the Public Lands Commission was that of the mineral land laws. This subject was referred by the Commission to the American Institute of Mining Engineers, which reported upon it through a Committee. This Committee made the very important recommendation, among others, "that the Government of the United States should retain title to all minerals, including coal and oil, in the lands of unceded territory, and lease the same to individuals or corporations at a fixed rental." The necessity for this action has since come to be very generally recognized. Another recommendation, since partly carried into effect, was for the separation of the surface and the minerals in lands containing coal and oil.
Our land laws have of recent years proved inefficient; yet the land laws themselves have not been so much to blame as the lax, unintelligent, and often corrupt administration of these laws. The appointment on March 4, 1907, of James R. Garfield as Secretary of the Interior led to a new era in the interpretation and enforcement of the laws governing the public lands. His administration of the Interior Department was beyond comparison the best we have ever had. It was based primarily on the conception that it is as much the duty of public land officials to help the honest settler get title to his claim as it is to prevent the looting of the public lands. The essential fact about public land frauds is not merely that public property is stolen, but that every claim fraudulently acquired stands in the way of the making of a home or a livelihood by an honest man.
As the study of the public land laws proceeded and their administration improved, a public land policy was formulated in which the saving of the resources on the public domain for public use became the leading principle. There followed the withdrawal of coal lands as already described, of oil lands and phosphate lands, and finally, just at the end of the Administration, of water-power sites on the public domain. These withdrawals were made by the Executive in order to afford to Congress the necessary opportunity to pass wise laws dealing with their use and disposal; and the great crooked special interests fought them with incredible bitterness.
Among the men of this Nation interested in the vital problems affecting the welfare of the ordinary hard-working men and women of the Nation, there is none whose interest has been more intense, and more wholly free from taint of thought of self, than that of Thomas Watson, of Georgia. While President I often discussed with him the condition of women on the small farms, and on the frontier, the hardship of their lives as compared with those of the men, and the need for taking their welfare into consideration in whatever was done for the improvement of life on the land. I also went over the matter with C. S. Barrett, of Georgia, a leader in the Southern farmers' movement, and with other men, such as Henry Wallace, Dean L. H. Bailey, of Cornell, and Kenyon Butterfield. One man from whose advice I especially profited was not an American, but an Irishman, Sir Horace Plunkett. In various conversations he described to me and my close associates the reconstruction of farm life which had been accomplished by the Agricultural Organization Society of Ireland, of which he was the founder and the controlling force; and he discussed the application of similar methods to the improvements of farm life in the United States. In the spring of 1908, at my request, Plunkett conferred on the subject with Garfield and Pinchot, and the latter suggested to him the appointment of a Commission on Country Life as a means for directing the attention of the Nation to the problems of the farm, and for securing the necessary knowledge of the actual conditions of life in the open country. After long discussion a plan for a Country Life Commission was laid before me and approved. The appointment of the Commission followed in August, 1908. In the letter of appointment the reasons for creating the Commission were set forth as follows: "I doubt if any other nation can bear comparison with our own in the amount of attention given by the Government, both Federal and State, to agricultural matters. But practically the whole of this effort has hitherto been directed toward increasing the production of crops. Our attention has been concentrated almost exclusively on getting better farming. In the beginning this was unquestionably the right thing to do. The farmer must first of all grow good crops in order to support himself and his family. But when this has been secured, the effort for better farming should cease to stand alone, and should be accompanied by the effort for better business and better living on the farm. It is at least as important that the farmer should get the largest possible return in money, comfort, and social advantages from the crops he grows, as that he should get the largest possible return in crops from the land he farms. Agriculture is not the whole of country life. The great rural interests are human interests, and good crops are of little value to the farmer unless they open the door to a good kind of life on the farm."
The Commission on Country Life did work of capital importance. By means of a widely circulated set of questions the Commission informed itself upon the status of country life throughout the Nation. Its trip through the East, South, and West brought it into contact with large numbers of practical farmers and their wives, secured for the Commissioners a most valuable body of first-hand information, and laid the foundation for the remarkable awakening of interest in country life which has since taken place throughout the Nation.
One of the most illuminating—and incidentally one of the most interesting and amusing—series of answers sent to the Commission was from a farmer in Missouri. He stated that he had a wife and 11 living children, he and his wife being each 52 years old; and that they owned 520 acres of land without any mortgage hanging over their heads. He had himself done well, and his views as to why many of his neighbors had done less well are entitled to consideration. These views are expressed in terse and vigorous English; they cannot always be quoted in full. He states that the farm homes in his neighborhood are not as good as they should be because too many of them are encumbered by mortgages; that the schools do not train boys and girls satisfactorily for life on the farm, because they allow them to get an idea in their heads that city life is better, and that to remedy this practical farming should be taught. To the question whether the farmers and their wives in his neighborhood are satisfactorily organized, he answers: "Oh, there is a little one-horse grange gang in our locality, and every darned one thinks they ought to be a king." To the question, "Are the renters of farms in your neighborhood making a satisfactory living?" he answers: "No; because they move about so much hunting a better job." To the question, "Is the supply of farm labor in your neighborhood satisfactory?" the answer is: "No; because the people have gone out of the baby business"; and when asked as to the remedy, he answers, "Give a pension to every mother who gives birth to seven living boys on American soil." To the question, "Are the conditions surrounding hired labor on the farm in your neighborhood satisfactory to the hired men?" he answers: "Yes, unless he is a drunken cuss," adding that he would like to blow up the stillhouses and root out whiskey and beer. To the question, "Are the sanitary conditions on the farms in your neighborhood satisfactory?" he answers: "No; too careless about chicken yards, and the like, and poorly covered wells. In one well on neighbor's farm I counted seven snakes in the wall of the well, and they used the water daily: his wife dead now and he is looking for another." He ends by stating that the most important single thing to be done for the betterment of country life is "good roads"; but in his answers he shows very clearly that most important of all is the individual equation of the man or woman.
Like the rest of the Commissions described in this chapter, the Country Life Commission cost the Government not one cent, but laid before the President and the country a mass of information so accurate and so vitally important as to disturb the serenity of the advocates of things as they are; and therefore it incurred the bitter opposition of the reactionaries. The report of the Country Life Commission was transmitted to Congress by me on February 9, 1909. In the accompanying message I asked for $25,000 to print and circulate the report and to prepare for publication the immense amount of valuable material collected by the Commission but still unpublished. The reply made by Congress was not only a refusal to appropriate the money, but a positive prohibition against continuing the work. The Tawney amendment to the Sundry Civil bill forbade the President to appoint any further Commissions unless specifically authorized by Congress to do so. Had this prohibition been enacted earlier and complied with, it would have prevented the appointment of the six Roosevelt commissions. But I would not have complied with it. Mr. Tawney, one of the most efficient representatives of the cause of special privilege as against public interest to be found in the House, was later, in conjunction with Senator Hale and others, able to induce my successor to accept their view. As what was almost my last official act, I replied to Congress that if I did not believe the Tawney amendment to be unconstitutional I would veto the Sundry Civil bill which contained it, and that if I were remaining in office I would refuse to obey it. The memorandum ran in part:
"The chief object of this provision, however, is to prevent the Executive repeating what it has done within the last year in connection with the Conservation Commission and the Country Life Commission. It is for the people of the country to decide whether or not they believe in the work done by the Conservation Commission and by the Country Life Commission. . . .
"If they believe in improving our waterways, in preventing the waste of soil, in preserving the forests, in thrifty use of the mineral resources of the country for the nation as a whole rather than merely for private monopolies, in working for the betterment of the condition of the men and women who live on the farms, then they will unstintedly condemn the action of every man who is in any way responsible for inserting this provision, and will support those members of the legislative branch who opposed its adoption. I would not sign the bill at all if I thought the provision entirely effective. But the Congress cannot prevent the President from seeking advice. Any future President can do as I have done, and ask disinterested men who desire to serve the people to give this service free to the people through these commissions. . . .
"My successor, the President-elect, in a letter to the Senate Committee on Appropriations, asked for the continuance and support of the Conservation Commission. The Conservation Commission was appointed at the request of the Governors of over forty States, and almost all of these States have since appointed commissions to cooperate with the National Commission. Nearly all the great national organizations concerned with natural resources have been heartily cooperating with the commission.
"With all these facts before it, the Congress has refused to pass a law to continue and provide for the commission; and it now passes a law with the purpose of preventing the Executive from continuing the commission at all. The Executive, therefore, must now either abandon the work and reject the cooperation of the States, or else must continue the work personally and through executive officers whom he may select for that purpose."
The Chamber of Commerce of Spokane, Washington, a singularly energetic and far-seeing organization, itself published the report which Congress had thus discreditably refused to publish.
The work of the Bureau of Corporations, under Herbert Knox Smith, formed an important part of the Conservation movement almost from the beginning. Mr. Smith was a member of the Inland Waterways Commission and of the National Conservation Commission and his Bureau prepared material of importance for the reports of both. The investigation of standing timber in the United States by the Bureau of Corporations furnished for the first time a positive knowledge of the facts. Over nine hundred counties in timbered regions were covered by the Bureau, and the work took five years. The most important facts ascertained were that forty years ago three-fourths of the standing timber in the United States was publicly owned, while at the date of the report four-fifths of the timber in the country was in private hands. The concentration of private ownership had developed to such an amazing extent that about two hundred holders owned nearly one-half of all privately owned timber in the United States; and of this the three greatest holders, the Southern Pacific Railway, the Northern Pacific Railway, and the Weyerhaeuser Timber Company, held over ten per cent. Of this work, Mr. Smith says:
"It was important, indeed, to know the facts so that we could take proper action toward saving the timber still left to the public. But of far more importance was the light that this history (and the history of our other resources) throws on the basic attitude, tradition and governmental beliefs of the American people. The whole standpoint of the people toward the proper aim of government, toward the relation of property to the citizen, and the relation of property to the government, were brought out first by this Conservation work."
The work of the Bureau of Corporations as to water power was equally striking. In addition to bringing the concentration of water-power control first prominently to public attention, through material furnished for my message in my veto of the James River Dam Bill, the work of the Bureau showed that ten great interests and their allies held nearly sixty per cent of the developed water power of the United States. Says Commissioner Smith: "Perhaps the most important thing in the whole work was its clear demonstration of the fact that the only effective place to control water power in the public interest is at the power sites; that as to powers now owned by the public it is absolutely essential that the public shall retain title. . . . The only way in which the public can get back to itself the margin of natural advantage in the water-power site is to rent that site at a rental which, added to the cost of power production there, will make the total cost of water power about the same as fuel power, and then let the two sell at the same price, i. e., the price of fuel power."
Of the fight of the water-power men for States Rights at the St. Paul Conservation Congress in September, 1909, Commissioner Smith says:
"It was the first open sign of the shift of the special interests to the Democratic party for a logical political reason, namely, because of the availability of the States Rights idea for the purposes of the large corporations. It marked openly the turn of the tide."
Mr. Smith brought to the attention of the Inland Waterways Commission the overshadowing importance to waterways of their relation with railroad lines, the fact that the bulk of the traffic is long distance traffic, that it cannot pass over the whole distance by water, while it can go anywhere by rail, and that therefore the power of the rail lines to pro-rate or not to pro-rate, with water lines really determines the practical value of a river channel. The controlling value of terminals and the fact that out of fifty of our leading ports, over half the active water frontage in twenty-one ports was controlled by the railroads, was also brought to the Commission's attention, and reports of great value were prepared both for the Inland Waterways Commission and for the National Conservation Commission. In addition to developing the basic facts about the available timber supply, about waterways, water power, and iron ore, Mr. Smith helped to develop and drive into the public conscience the idea that the people ought to retain title to our natural resources and handle them by the leasing system.
The things accomplished that have been enumerated above were of immediate consequence to the economic well-being of our people. In addition certain things were done of which the economic bearing was more remote, but which bore directly upon our welfare, because they add to the beauty of living and therefore to the joy of life. Securing a great artist, Saint-Gaudens, to give us the most beautiful coinage since the decay of Hellenistic Greece was one such act. In this case I had power myself to direct the Mint to employ Saint-Gaudens. The first, and most beautiful, of his coins were issued in thousands before Congress assembled or could intervene; and a great and permanent improvement was made in the beauty of the coinage. In the same way, on the advice and suggestion of Frank Millet, we got some really capital medals by sculptors of the first rank. Similarly, the new buildings in Washington were erected and placed in proper relation to one another, on plans provided by the best architects and landscape architects. I also appointed a Fine Arts Council, an unpaid body of the best architects, painters, and sculptors in the country, to advise the Government as to the erection and decoration of all new buildings. The "pork-barrel" Senators and Congressmen felt for this body an instinctive, and perhaps from their standpoint a natural, hostility; and my successor a couple of months after taking office revoked the appointment and disbanded the Council.
Even more important was the taking of steps to preserve from destruction beautiful and wonderful wild creatures whose existence was threatened by greed and wantonness. During the seven and a half years closing on March 4, 1909, more was accomplished for the protection of wild life in the United States than during all the previous years, excepting only the creation of the Yellowstone National Park. The record includes the creation of five National Parks—Crater Lake, Oregon; Wind Cave, South Dakota; Platt, Oklahoma; Sully Hill, North Dakota, and Mesa Verde, Colorado; four big game refuges in Oklahoma, Arizona, Montana, and Washington; fifty-one bird reservations; and the enactment of laws for the protection of wild life in Alaska, the District of Columbia, and on National bird reserves. These measures may be briefly enumerated as follows:
The enactment of the first game laws for the Territory of Alaska in 1902 and 1908, resulting in the regulation of the export of heads and trophies of big game and putting an end to the slaughter of deer for hides along the southern coast of the Territory.
The securing in 1902 of the first appropriation for the preservation of buffalo and the establishment in the Yellowstone National Park of the first and now the largest herd of buffalo belonging to the Government.
The passage of the Act of January 24, 1905, creating the Wichita Game Preserves, the first of the National game preserves. In 1907, 12,000 acres of this preserve were inclosed with a woven wire fence for the reception of the herd of fifteen buffalo donated by the New York Zoological Society.
The passage of the Act of June 29, 1906, providing for the establishment of the Grand Canyon Game Preserve of Arizona, now comprising 1,492,928 acres.
The passage of the National Monuments Act of June 8, 1906, under which a number of objects of scientific interest have been preserved for all time. Among the Monuments created are Muir Woods, Pinnacles National Monument in California, and the Mount Olympus National Monument, Washington, which form important refuges for game.
The passage of the Act of June 30, 1906, regulating shooting in the District of Columbia and making three-fourths of the environs of the National Capital within the District in effect a National Refuge.
The passage of the Act of May 23, 1908, providing for the establishment of the National Bison Range in Montana. This range comprises about 18,000 acres of land formerly in the Flathead Indian Reservation, on which is now established a herd of eighty buffalo, a nucleus of which was donated to the Government by the American Bison Society.
The issue of the Order protecting birds on the Niobrara Military Reservation, Nebraska, in 1908, making this entire reservation in effect a bird reservation.
The establishment by Executive Order between March 14, 1903, and March 4, 1909, of fifty-one National Bird Reservations distributed in seventeen States and Territories from Porto Rico to Hawaii and Alaska. The creation of these reservations at once placed the United States in the front rank in the world work of bird protection. Among these reservations are the celebrated Pelican Island rookery in Indian River, Florida; the Mosquito Inlet Reservation, Florida, the northernmost home of the manatee; the extensive marshes bordering Klamath and Malhuer Lakes in Oregon, formerly the scene of slaughter of ducks for market and ruthless destruction of plume birds for the millinery trade; the Tortugas Key, Florida, where, in connection with the Carnegie Institute, experiments have been made on the homing instinct of birds; and the great bird colonies on Laysan and sister islets in Hawaii, some of the greatest colonies of sea birds in the world.
THE BIG STICK AND THE SQUARE DEAL
One of the vital questions with which as President I had to deal was the attitude of the Nation toward the great corporations. Men who understand and practice the deep underlying philosophy of the Lincoln school of American political thought are necessarily Hamiltonian in their belief in a strong and efficient National Government and Jeffersonian in their belief in the people as the ultimate authority, and in the welfare of the people as the end of Government. The men who first applied the extreme Democratic theory in American life were, like Jefferson, ultra individualists, for at that time what was demanded by our people was the largest liberty for the individual. During the century that had elapsed since Jefferson became President the need had been exactly reversed. There had been in our country a riot of individualistic materialism, under which complete freedom for the individual—that ancient license which President Wilson a century after the term was excusable has called the "New" Freedom—turned out in practice to mean perfect freedom for the strong to wrong the weak. The total absence of governmental control had led to a portentous growth in the financial and industrial world both of natural individuals and of artificial individuals—that is, corporations. In no other country in the world had such enormous fortunes been gained. In no other country in the world was such power held by the men who had gained these fortunes; and these men almost always worked through, and by means of, the giant corporations which they controlled. The power of the mighty industrial overlords of the country had increased with giant strides, while the methods of controlling them, or checking abuses by them, on the part of the people, through the Government, remained archaic and therefore practically impotent. The courts, not unnaturally, but most regrettably, and to the grave detriment of the people and of their own standing, had for a quarter of a century been on the whole the agents of reaction, and by conflicting decisions which, however, in their sum were hostile to the interests of the people, had left both the nation and the several States well-nigh impotent to deal with the great business combinations. Sometimes they forbade the Nation to interfere, because such interference trespassed on the rights of the States; sometimes they forbade the States to interfere (and often they were wise in this), because to do so would trespass on the rights of the Nation; but always, or well-nigh always, their action was negative action against the interests of the people, ingeniously devised to limit their power against wrong, instead of affirmative action giving to the people power to right wrong. They had rendered these decisions sometimes as upholders of property rights against human rights, being especially zealous in securing the rights of the very men who were most competent to take care of themselves; and sometimes in the name of liberty, in the name of the so-called "new freedom," in reality the old, old "freedom," which secured to the powerful the freedom to prey on the poor and the helpless.
One of the main troubles was the fact that the men who saw the evils and who tried to remedy them attempted to work in two wholly different ways, and the great majority of them in a way that offered little promise of real betterment. They tried (by the Sherman law method) to bolster up an individualism already proved to be both futile and mischievous; to remedy by more individualism the concentration that was the inevitable result of the already existing individualism. They saw the evil done by the big combinations, and sought to remedy it by destroying them and restoring the country to the economic conditions of the middle of the nineteenth century. This was a hopeless effort, and those who went into it, although they regarded themselves as radical progressives, really represented a form of sincere rural toryism. They confounded monopolies with big business combinations, and in the effort to prohibit both alike, instead of where possible prohibiting one and drastically controlling the other, they succeeded merely in preventing any effective control of either.
On the other hand, a few men recognized that corporations and combinations had become indispensable in the business world, that it was folly to try to prohibit them, but that it was also folly to leave them without thoroughgoing control. These men realized that the doctrines of the old laissez faire economists, of the believers in unlimited competition, unlimited individualism, were in the actual state of affairs false and mischievous. They realized that the Government must now interfere to protect labor, to subordinate the big corporation to the public welfare, and to shackle cunning and fraud exactly as centuries before it had interfered to shackle the physical force which does wrong by violence.
The big reactionaries of the business world and their allies and instruments among politicians and newspaper editors took advantage of this division of opinion, and especially of the fact that most of their opponents were on the wrong path; and fought to keep matters absolutely unchanged. These men demanded for themselves an immunity from governmental control which, if granted, would have been as wicked and as foolish as immunity to the barons of the twelfth century. Many of them were evil men. Many others were just as good men as were some of these same barons; but they were as utterly unable as any medieval castle-owner to understand what the public interest really was. There have been aristocracies which have played a great and beneficent part at stages in the growth of mankind; but we had come to the stage where for our people what was needed was a real democracy; and of all forms of tyranny the least attractive and the most vulgar is the tyranny of mere wealth, the tyranny of a plutocracy.
When I became President, the question as to the method by which the United States Government was to control the corporations was not yet important. The absolutely vital question was whether the Government had power to control them at all. This question had not yet been decided in favor of the United States Government. It was useless to discuss methods of controlling big business by the National Government until it was definitely settled that the National Government had the power to control it. A decision of the Supreme Court had, with seeming definiteness, settled that the National Government had not the power.
This decision I caused to be annulled by the court that had rendered it; and the present power of the National Government to deal effectively with the trusts is due solely to the success of the Administration in securing this reversal of its former decision by the Supreme Court.
The Constitution was formed very largely because it had become imperative to give to some central authority the power to regulate and control interstate commerce. At that time when corporations were in their infancy and big combinations unknown, there was no difficulty in exercising the power granted. In theory, the right of the Nation to exercise this power continued unquestioned. But changing conditions obscured the matter in the sight of the people as a whole; and the conscious and the unconscious advocates of an unlimited and uncontrollable capitalism gradually secured the whittling away of the National power to exercise this theoretical right of control until it practically vanished. After the Civil War, with the portentous growth of industrial combinations in this country, came a period of reactionary decisions by the courts which, as regards corporations, culminated in what is known as the Knight case.
The Sherman Anti-Trust Law was enacted in 1890 because the formation of the Tobacco Trust and the Sugar Trust, the only two great trusts then in the country (aside from the Standard Oil Trust, which was a gradual growth), had awakened a popular demand for legislation to destroy monopoly and curb industrial combinations. This demand the Anti-Trust Law was intended to satisfy. The Administrations of Mr. Harrison and Mr. Cleveland evidently construed this law as prohibiting such combinations in the future, not as condemning those which had been formed prior to its enactment. In 1895, however, the Sugar Trust, whose output originally was about fifty-five per cent of all sugar produced in the United States, obtained control of three other companies in Philadelphia by exchanging its stock for theirs, and thus increased its business until it controlled ninety-eight per cent of the entire product. Under Cleveland, the Government brought proceedings against the Sugar Trust, invoking the Anti-Trust Law, to set aside the acquisition of these corporations. The test case was on the absorption of the Knight Company. The Supreme Court of the United States, with but one dissenting vote, held adversely to the Government. They took the ground that the power conferred by the Constitution to regulate and control interstate commerce did not extend to the production or manufacture of commodities within a State, and that nothing in the Sherman Anti-Trust Law prohibited a corporation from acquiring all the stock of other corporations through exchange of its stock for theirs, such exchange not being "commerce" in the opinion of the Court, even though by such acquisition the corporation was enabled to control the entire production of a commodity that was a necessary of life. The effect of this decision was not merely the absolute nullification of the Anti-Trust Law, so far as industrial corporations were concerned, but was also in effect a declaration that, under the Constitution, the National Government could pass no law really effective for the destruction or control of such combinations.
This decision left the National Government, that is, the people of the Nation, practically helpless to deal with the large combinations of modern business. The courts in other cases asserted the power of the Federal Government to enforce the Anti-Trust Law so far as transportation rates by railways engaged in interstate commerce were concerned. But so long as the trusts were free to control the production of commodities without interference from the General Government, they were well content to let the transportation of commodities take care of itself—especially as the law against rebates was at that time a dead letter; and the Court by its decision in the Knight case had interdicted any interference by the President or by Congress with the production of commodities. It was on the authority of this case that practically all the big trusts in the United States, excepting those already mentioned, were formed. Usually they were organized as "holding" companies, each one acquiring control of its constituent corporations by exchanging its stock for theirs, an operation which the Supreme Court had thus decided could not be prohibited, controlled, regulated, or even questioned by the Federal Government.
Such was the condition of our laws when I acceded to the Presidency. Just before my accession, a small group of financiers, desiring to profit by the governmental impotence to which we had been reduced by the Knight decision, had arranged to take control of practically the entire railway system in the Northwest—possibly as the first step toward controlling the entire railway system of the country. This control of the Northwestern railway systems was to be effected by organizing a new "holding" company, and exchanging its stock against the stock of the various corporations engaged in railway transportation throughout that vast territory, exactly as the Sugar Trust had acquired control of the Knight company and other concerns. This company was called the Northern Securities Company. Not long after I became President, on the advice of the Attorney-General, Mr. Knox, and through him, I ordered proceedings to be instituted for the dissolution of the company. As far as could be told by their utterances at the time, among all the great lawyers in the United States Mr. Knox was the only one who believed that this action could be sustained. The defense was based expressly on the ground that the Supreme Court in the Knight case had explicitly sanctioned the formation of such a company as the Northern Securities Company. The representatives of privilege intimated, and sometimes asserted outright, that in directing the action to be brought I had shown a lack of respect for the Supreme Court, which had already decided the question at issue by a vote of eight to one. Mr. Justice White, then on the Court and now Chief Justice, set forth the position that the two cases were in principle identical with incontrovertible logic. In giving the views of the dissenting minority on the action I had brought, he said:
"The parallel between the two cases [the Knight case and the Northern Securities case] is complete. The one corporation acquired the stock of other and competing corporations in exchange for its own. It was conceded for the purposes of the case, that in doing so monopoly had been brought about in the refining of sugar, that the sugar to be produced was likely to become the subject of interstate commerce, and indeed that part of it would certainly become so. But the power of Congress was decided not to extend to the subject, because the ownership of the stock in the corporations was not itself commerce."
Mr. Justice White was entirely correct in this statement. The cases were parallel. It was necessary to reverse the Knight case in the interests of the people against monopoly and privilege just as it had been necessary to reverse the Dred Scott case in the interest of the people against slavery and privilege; just as later it became necessary to reverse the New York Bakeshop case in the interest of the people against that form of monopolistic privilege which put human rights below property rights where wage workers were concerned.
By a vote of five to four the Supreme Court reversed its decision in the Knight case, and in the Northern Securities case sustained the Government. The power to deal with industrial monopoly and suppress it and to control and regulate combinations, of which the Knight case had deprived the Federal Government, was thus restored to it by the Northern Securities case. After this later decision was rendered, suits were brought by my direction against the American Tobacco Company and the Standard Oil Company. Both were adjudged criminal conspiracies, and their dissolution ordered. The Knight case was finally overthrown. The vicious doctrine it embodied no longer remains as an obstacle to obstruct the pathway of justice when it assails monopoly. Messrs. Knox, Moody, and Bonaparte, who successively occupied the position of Attorney-General under me, were profound lawyers and fearless and able men; and they completely established the newer and more wholesome doctrine under which the Federal Government may now deal with monopolistic combinations and conspiracies.
The decisions rendered in these various cases brought under my direction constitute the entire authority upon which any action must rest that seeks through the exercise of national power to curb monopolistic control. The men who organized and directed the Northern Securities Company were also the controlling forces in the Steel Corporation, which has since been prosecuted under the act. The proceedings against the Sugar Trust for corruption in connection with the New York Custom House are sufficiently interesting to be considered separately.
From the standpoint of giving complete control to the National Government over big corporations engaged in inter-State business, it would be impossible to over-estimate the importance of the Northern Securities decision and of the decisions afterwards rendered in line with it in connection with the other trusts whose dissolution was ordered. The success of the Northern Securities case definitely established the power of the Government to deal with all great corporations. Without this success the National Government must have remained in the impotence to which it had been reduced by the Knight decision as regards the most important of its internal functions. But our success in establishing the power of the National Government to curb monopolies did not establish the right method of exercising that power. We had gained the power. We had not devised the proper method of exercising it.
Monopolies can, although in rather cumbrous fashion, be broken up by law suits. Great business combinations, however, cannot possibly be made useful instead of noxious industrial agencies merely by law suits, and especially by law suits supposed to be carried on for their destruction and not for their control and regulation. I at once began to urge upon Congress the need of laws supplementing the Anti-Trust Law—for this law struck at all big business, good and bad, alike, and as the event proved was very inefficient in checking bad big business, and yet was a constant threat against decent business men. I strongly urged the inauguration of a system of thoroughgoing and drastic Governmental regulation and control over all big business combinations engaged in inter-State industry.
Here I was able to accomplish only a small part of what I desired to accomplish. I was opposed both by the foolish radicals who desired to break up all big business, with the impossible ideal of returning to mid-nineteenth century industrial conditions; and also by the great privileged interests themselves, who used these ordinarily—but sometimes not entirely—well-meaning "stool pigeon progressives" to further their own cause. The worst representatives of big business encouraged the outcry for the total abolition of big business, because they knew that they could not be hurt in this way, and that such an outcry distracted the attention of the public from the really efficient method of controlling and supervising them, in just but masterly fashion, which was advocated by the sane representatives of reform. However, we succeeded in making a good beginning by securing the passage of a law creating the Department of Commerce and Labor, and with it the erection of the Bureau of Corporations. The first head of the Department of Commerce and Labor was Mr. Cortelyou, later Secretary of the Treasury. He was succeeded by Mr. Oscar Straus. The first head of the Bureau of Corporations was Mr. Garfield, who was succeeded by Mr. Herbert Knox Smith. No four better public servants from the standpoint of the people as a whole could have been found.
The Standard Oil Company took the lead in opposing all this legislation. This was natural, for it had been the worst offender in the amassing of enormous fortunes by improper methods of all kinds, at the expense of business rivals and of the public, including the corruption of public servants. If any man thinks this condemnation extreme, I refer him to the language officially used by the Supreme Court of the nation in its decision against the Standard Oil Company. Through their counsel, and by direct telegrams and letters to Senators and Congressmen from various heads of the Standard Oil organization, they did their best to kill the bill providing for the Bureau of Corporations. I got hold of one or two of these telegrams and letters, however, and promptly published them; and, as generally happens in such a case, the men who were all-powerful as long as they could work in secret and behind closed doors became powerless as soon as they were forced into the open. The bill went through without further difficulty.
The true way of dealing with monopoly is to prevent it by administrative action before it grows so powerful that even when courts condemn it they shrink from destroying it. The Supreme Court in the Tobacco and Standard Oil cases, for instance, used very vigorous language in condemning these trusts; but the net result of the decision was of positive advantage to the wrongdoers, and this has tended to bring the whole body of our law into disrepute in quarters where it is of the very highest importance that the law be held in respect and even in reverence. My effort was to secure the creation of a Federal Commission which should neither excuse nor tolerate monopoly, but prevent it when possible and uproot it when discovered; and which should in addition effectively control and regulate all big combinations, and should give honest business certainty as to what the law was and security as long as the law was obeyed. Such a Commission would furnish a steady expert control, a control adapted to the problem; and dissolution is neither control nor regulation, but is purely negative; and negative remedies are of little permanent avail. Such a Commission would have complete power to examine into every big corporation engaged or proposing to engage in business between the States. It would have the power to discriminate sharply between corporations that are doing well and those that are doing ill; and the distinction between those who do well and those who do ill would be defined in terms so clear and unmistakable that no one could misapprehend them. Where a company is found seeking its profits through serving the community by stimulating production, lowering prices, or improving service, while scrupulously respecting the rights of others (including its rivals, its employees, its customers, and the general public), and strictly obeying the law, then no matter how large its capital, or how great the volume of its business it would be encouraged to still more abundant production, or better service, by the fullest protection that the Government could afford it. On the other hand, if a corporation were found seeking profit through injury or oppression of the community, by restricting production through trick or device, by plot or conspiracy against competitors, or by oppression of wage-workers, and then extorting high prices for the commodity it had made artificially scarce, it would be prevented from organizing if its nefarious purpose could be discovered in time, or pursued and suppressed by all the power of Government whenever found in actual operation. Such a commission, with the power I advocate, would put a stop to abuses of big corporations and small corporations alike; it would draw the line on conduct and not on size; it would destroy monopoly, and make the biggest business man in the country conform squarely to the principles laid down by the American people, while at the same time giving fair play to the little man and certainty of knowledge as to what was wrong and what was right both to big man and little man.
Although under the decision of the courts the National Government had power over the railways, I found, when I became President, that this power was either not exercised at all or exercised with utter inefficiency. The law against rebates was a dead letter. All the unscrupulous railway men had been allowed to violate it with impunity; and because of this, as was inevitable, the scrupulous and decent railway men had been forced to violate it themselves, under penalty of being beaten by their less scrupulous rivals. It was not the fault of these decent railway men. It was the fault of the Government.