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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 ,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.
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"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.
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"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.
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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.
CHAPTER XII
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