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ht'ESDAY, DEC. 8, 1908f:' "(Contiuued from Page 2.) 1^. tba workiugmen, If! ,aboring men of the country, by Jf wav In which they repudiated the I if rt to Bet them t0 cast the,r votes If "response to on appeal to class I'? have emphasized their sound itlsm and Americanism. The I Sole country has cause to feel pride IP this attitude of sturdy independ J"ce in this uncompromising Insist I fee upon acting simply as good clti |T as oan good Americans, without re- llrd to ftncled and Improper class in IjLsts. Such an attitude Is an object IJpsson in K°°d citizenship to the en I (Jre nation. I' But the extreme reactionaries, the Ipersons who blind themselves to the prongs now and then committed by courts on laboring men, should ilso think seriously as to what such a aovemcnt "s thIs portends. The l^s who have shown themselves ible and willing effectively to check tj,e dishonest activity of the very rich who works iniquity by the mis nanageinent of corporations, who jave shown themselves alert to do justice to the wageworker and sym pathetic with the needs of the mass of our people so that the dweller in! tie tenement, houses, the man who practices a dangerous traile. the man! sbo Is crushed by excessive hours of libor, feci that their needs are under Itood l».v the courts—these judges arc tie real bulwark of the courts these jnd es. the Judges of the stamp of (jie president elect, who have been fearless in opposing labor when It has jone wrong, but fearless also In hold Iti: to strict account corporations that cork Iniquity, and fnrsighted In see jot: that the workingman gets his rights, nre the men of all others to thorn we owe It tlint the appeal for ncli violent and mistaken legislation has fallen on deaf ears, that the agl-1 tation fur its passage proved to bej Without substantial basis. The courts' jre jeoparded primarily by the action! {Ithese federal and state judges whol jhow inability or unwillingness to put! a stop to the wrongdoing of very richj Ben under modern Industrial condl-j tlons nnd inability or unwillingness to" give relief to men of small means or I wageworkers who ore crushed down! by these modem industrial conditions, who, In other words, fail to under-] itand and apply the needed remedies! for the new wrong3 produced by the I new and highly complex social and Industrial (ivillzation which has* pown up In the last half century. The rapid changes in our social and Industrial life which have attended! this rapid growth have made it neces wry that in applying to concrete cases the great rule of right laid down in I our constitution there should be a full understanding and appreciation of the new conditions to which the rules are iobe applied. What would have been' to Infringement upon liberty half a' (Kitflry ago may be the necessary safe-1 lusrd of liberty today. What would Save been an injury to property then may be necessary to the enjoyment of property now. Every judicial decision Involves two terms—one an interpreta- I tion of the law, tie other the under standing of the facts to which it Is to he applied. The great mass of our Ju diclal officers are, I believe alive to these changes of conditions which so! Materially affect the performance of their judicial duties. Our judicial sys tem is sound and effective core, and remains and must ever be main fained as the safeguard of those prin ciples of liberty nnd Justice which, stand at the foundation of American Institutions, for, ns Durke finely said, *beu liberty and justice nre separated neither Is safe. There nre. however, I ftme members of the judicial body who have lagged behind In their un Gerstauding of these groat and vital Changes in the body politic, whose in a to W a at on in nade necessary by the new conditions. is a as in a hy their decisions, because they con 'ince poor men in need of protection ha an a I an Pathy with their needs and profoundly indifferent or hostile to any proposed I re it a to a a id "gainst tbem on the ground that it do-! re to re be in a re it in a any renl and constructive sense. It desirable that the legislative body •hould possess and. wherever neces fserclse the power to determine *bether In a given case employers id employees are not on an equal ooU^g, so that the necessities of the tter compel them to submit to such pactions as to hours nnd conditions labor ns unduly to tax their ength, and only mischief can result en such determination Is upset on ground that there must be no "in crcuco with the liberty to con- -often a merely academic "Ilb- the exercise of which Is the ne gation of real liberty. There are certain decisions by vn ln°U|S cour*s which have been exceed- °K'y detrimental to the rights of wageworkers. This Is true of all the 8,01,8 i*/00!' «iip.° health that decide that men nnd are t'le tl,e constitution "guar- ent "bor,J"' to contract to wot- 'nnKerous occupation, or to n" ""desirable or improper num- rs- or work In unhealthy 'oundtngs, nnd therefore cannot re or damages when maimed In that 'pation and cannot be forbidden -rk ^hat the legislature decides Is „. ''x"'R,lvi number of hours, or to whi 1 °U tlle Tror'{ ""der conditions 'efir,s'ntl,,'e decides to be un- tlnn "lost dangerous occupa are oiten the poorest paid and •onp tbe hoijrs of work are *o iM*'" a"fl ,Tln".v cases those who ,0 ",er «re driven by necessity b*? 4 *®!at tIlc-v fcavc practically no ative. Decisions such as those ^UV(' uuliif-v the legislative most Protect the wngeworkers who nlover! proto''1io" ffrlnri^ ''roni those em- 10 'ako advantage of their grinding need. They halt or hamper mnJ"0™1,10"' f0r SPPuri"K better and nmre equitable conditions of labor. The talk about preserving to the mis ery hunted beings who make contracts ror such service their "liberty" to make them is either to speak In a spirit of heartless Irony or else to show an utter lack of knowledge ot the conditions of life among the great masses of our fellow countrymen, a lack which unfits a judge to do good service just as it would unfit any ex ecutive or legislative officer. There is also, 1 think, ground for the belief that substantial injustice is often suffered by employees in conse quence of tbe custom of courts issu ing temporary injunctions without no tice to them and punishing them for contempt of court In Instances where, as a matter of fact, they have no knowledge of any proceedings. Out side of organized labor there Is a wide spread feeling that this system often works great injustice to wageworkera when their efforts to better their work ing condition result in industrial dis putes. A temporary injunction pro cured ex parte may. ns a matter of fact, have all the effect of a perma nent injunction In causing disaster to the wageworkers* ::idc In such a dis pute. Organized labor is chafing un der the unjust restraint which comes from repeated resort to this plan of procedure. Its discontent has been un wisely expressed and often improper ly expressed, but there is a sound basis for it. and the orderly and law abiding people of a community would be in a far stronger position for up holding the courts if the undoubtedly existing abuses could be provided against. GLASS LEGISLATION. Views Hold by Extreme Labor Lead ers Arc Unconstitutional. Such proposals as those mentioned above as advocated by tbe extreme labor leaders contain tbe vital error of being class legislation of the most! offensive kind, nnd oven if enacted into law I believe that the law would rightly be held unconstitutional. More over, the labor people are themselves now beginning to Invoke the use of the power of injunction. During the last ten years, nnd within my own knowledge, at least fifty injunctions have been obtained by labor unions in New York city alone, most of them being to protect the union label (a "property ri^ht"), but some being ob tained for other reasons against em ployers. The power of injunction Is a great equitable remedy which should on no account bo destroyed. But safe guards should be erected against its abuse. I believe that some such pro visions as those I advocated a year ago for checking the abuse of the lssunnce of temporary Injunctions should be adopted. In substance, pro vision should be made that no injunc tion or temporary restraining order Issue otherwise than on notice, except where irreparable injury would other wise result, nnd in such case a hear ing on the merits of the order should be had within a short fixed period, and if not then continued after hear lng it should forthwith lapse. Deci sions should be rendered immediately nnd the chance of delay minimized in every way. Moreover. I believe that the procedure should be sharply de fined nnd the judge required minutely to state the particulars both of his action and of his reasons therefor, so that the congress can, If it desires, ex amine and investigate the same. The chief lawmakers of our country may be and often arc the judges, be cause they are tbe final seat of au thority. livcrv time they interpret con tract, properly, vested rights, du« process of law. liberty, they necessarily enact into law parts of a system of social philosophy, and. as such inter pretatiou is fundamental, they give direction to all lawmaking. The de cisions of the courts on economic and social questions depend upon their economic and social philosophy, and for the peaceful progress of our peo ple during the twentieth century we •hall owe most to those Judges who hold to a twentieth century economic and so lal philosophy and not to a long outgrown philosophy which was ltscif the product of primitive econom ic conditions. Of course a judge's views ou progressive social philosophy are entirely second in importance to his possession of a high and fine char acter, whici* means the possession of such elementary virtues as honesty, courage and fiir irinuedness. The judge who owes his election to pander ing to demagogic sentiments or class hatreds and prejudices nnd the judge who owes either lib election or his appointment to the money or the favor of a great corporation are alike un worthy to si: on th bench, are alike traitors to the people, nnd r.o pro fundlly of legal learning or correctness of abstract conviction on questions of public policy can serve as an offset to such shortcomings. Hut it is also true that Judges, like executives and legis lators, should hold sottud views on the questions of public policy which are of vital interest t* the people. The legislators and executives are chosen to represent the people in en icting and administering the laws. The judges are not chosen to represent the people in this sense. Their func tion is to Interpret the laws. The legis lators nre responsible for the laws, the Judges for flic spirit in which they in terpret and enforce the laws. We stand aloof from the reckless agitators who would make the judges mere pli ant tools of popular prejudice and pas on. and we stand aloof from thosf equally unwise particau^ of ^ictloi and privilege, v. bo deny the proposi tion that, inasmuch as judges are chosen to serve the interests of the whole peo ple, they should strive to find out what those interests are and. so far as they conscientiously can, should strive to give effect to popular conviction when deliberately nnd duly expressed by the lawmaking body. The courts are to be highly commended nnd stnnchly up held when they set their faces against wrongdoing or tyranny by a majority, but they are to be blamed when they fail to recognize under a government like ours the deliberate judgment of the majority as to a matter of legiti mate policy when duly expressed by the legislature. Such lawfully ex pressed and deliberate Judgment should be given effect by the courts save In the extreme and exceptional cases where there has been a clear violation of a constitutional provision. Any thing like frivolity or wantonness in upsetting such clearly taken govern mental action is grave offense against the republic. To protest against tyran ny, to protect minorities from oppres sion, to nullify an act committed- in a spasm of popular fury, is to render a service to tbe republic. But for the courts to arrogate to themselves func tions which properly belong to the leg islative bodies is all wrong anil In the end works mischief. The people should not be permitted to pardon evil and slipshod legislation on the theory that the court will set it right. They should be taught that the right way to get rid of a bad law is to have the legislature repeal it and not to have tbe courts by Ingenious hair splitting nullify it. A law may be unwise and Improper, but it should not for these reasons be de clared unconstitutional by a strained interpretation, for the result of such action is to take away from the people at large their sense of responsibility and ultimately to destroy their eapac-| lty for orderly self restraint and sclfl government. Under such a popular! government as ours, founded on the theory that In the long run the will of the people Is supreme, the ultimate safety of the nation can only rest in training and guiding the people so that what they will shall be right and not in devising means to defeat their will by the technicalities of strained con-" struetion. For many of the shortcomings of justice iu our country our people as a whole are themselves to blame, and the judges and juries merely bear their share together with the public as a whole. It is discreditable to us as a people that there should be difficulty in convicting murderers or in bring ing to justice men who ns public serv ants have been guilty of corruption or who have profited by the corruption of public servants. The result is equally unfortunate whether due to hair split ting technicalities In the interpreta tion of law by judges, to sentimental ity and class consciousness on the part of juries or to hysteria and sensation alism iu the daily press. For much of this failure of justice no responsl bility whatever lies on rich men as such. We wbo make up the mass of the people cannot shift the responsi bility from our own shoulders. But there is an important part of the fail ure which has specially to do with inability to hold to proper account men of wealth who behave badly. The chief breakdown is In dealing with the new relations that arise from the mutualism, the Interdependence, of our time. Every new social relation begets a new typo of wrongdoing—of sin, to use an old fashioned word—and many years always elapse before so ciety is able to turn this sin into crimi which can be effectively punished at law. During the lifetime of the older men now alive the social relations have changed far more rapidly than In the preceding two centuries. Tbe im mense growth of corporations, of busi ness done by associations and the ex treme strain and pressure of modern life have produced conditions which render the public confused as to who its really dangerous foes are, and among the public servants who have I not only shared this confusion, but by I so a a in re as it a re a in a In cy has been shown in dealing with cor porations and in resettling tlie proper attitude to be taken by the public not only toward corporations, but toward labor and toward the social questions arising out of the factory system and the enormous growth of our great cities. OVERGROWN FORTUNES. Mada Possible by Improper Use of Modern Corporations. The huge wealth that has been ac cumuiatcdMiy a few Individuals of re cent years, in what has amounted to a social and industrial revolution, has been as regards some of these indi viduals made possible only by the Im proper use of the modern corporation. A certain type of modern corporation, with Its officers and agents, its many issues of securities and itn constant consolidation with allied undertak ings. finally becomes an instrument so complex as to contain a greater num ber of elements that under various judicial decisions lend themselves to fraud and oppression than any device yet evolved in the human brain. Cor porations are necessary instruments of modern business. They have been permitted to become a menace largely because the governmental representa tives of the people have worked slowly in providing for adequate control over them. The chief offender in any given case may be an executive, a legislature or a Judge. Every executive head who ad vises violent instead of gradual action or who advocates ill considered and sweeping measures of reform, es pecially if they arc tainted with vin The Daily Gats City dlctiveness and disregard for the rights of the minority, is particularly blameworthy. The several legislatures are responsible for the fact that our laws are often prepared with slovenlj haste and lack of consideration. Moreover, they are often prepared and still more frequently amended dur ing passage at the suggestion of the very parties against whom they are afterward enforced. Our great clus ters of corporations, huge trusts and fabulously wealthy multiraillionaries employ the very* best lawyers they can obtain to pick flaws in these statutes after their passage, but they also em ploy class of secret agents who seek under the advice of experts to render hostile legislation innocuous by making it unconstitutional, often through the insertion of what appear on their face to be drastic nnd sweeping provisions against the interests of the parties in spiring them, while the demagogues, the corrupt creatures who introduce blackmailing schemes to "strike" cor porations and nil who demand ex treme and undesirably radical meas ures show themselves to be the worst enemies of the very public whose loud mouthed champions they profess to be. A very striking illustration of the consequences of carelessness in the preparation of a statute was the em ployers' liability law of 1000. In the cases arising under that law four out of six courts of first Instance held it unconstitutional, six out of nine Jus tices of the supreme court held that its subject matter was within the province of congressional action, and four of the nine Justices held it valid. It was, however, adjudged unconstitu tional by a bare majority of the court —five to four. It was surely a very slovenly piece of work to frame the legislation in such shape as to leave the question open at all. Reai damage has been done by the manifold nnd conflicting interpreta tions of the interstate commerce law. Control over the great corporations do ing interstate business can be effective only If it is vested with full power in an administrative department, a branch of the federal executive, carrying out a federal law. It can never be ef fective if a divided responsibility is left in both the states and the nation. It can never be effective if left in the hands of the courts to be decided by lawsuits. The courts hold a place of peculiar and deserved sanctity under our form of government. Ilcspect for the law is essential to the permanence of our in stitutions. and respect for the law is largely conditioned upon respect for the courts. It is an offense against the republic to say anything which can weaken this respect cave for the grav est reason and iu the most carefully guarded manner. Our judges should be held iu peculiar honor, nnd the duty of respectful nnd truthful comment and criticism, which should be binding when we speak of anybody, should be especially binding when we speak of them. Ou an average they stand above nny other servants of the com munity. and the greatest judges have reached the high level held by those few greatest patriots whom the whole country delights to honor. But we must face tlie fact that there nre wise and unwise judges. Just as there are wise and unwise executives and legis lators. When a president or governor behaves improperly or unwisely the remedy is easy, for bis term is short. The same is true with the legislator, although uot to the same degree, for he is one of many who belong to some given legislative body, and it is there fore less easy to tlx his personal re sponsibility and hold him accountable therefor. With a Judge who, being human, is also likely to err, but whose tenure is for life, there is no similar way of holding him to responsibility. Under ordinary conditions the only forms of pressure to which lie Is in any way amenable arc public opinion and the action of bis fellow judges, it is the last which is mo^t immediately effective nnd to which we should look for the reform of abuses. Any remedy applied from without Is fraught with risk. It is far better from every stand point that the remedy should come from within. In no other nation in the world do the courts wield such vast nnd farreaching power ns In tbe Unit ed States. All that Is necessary Is that the courts ns whole should exercise this power with the farslghted wis dom already shown by those judges who scan the future while they aet in the present. I.et them exercise this great power not only honestly and bravely, but with wise insight into the needs and. fixed purposes of the people, so that they may do justice and work equity, so that they may protect all persons In their rights nnd yet break down the barriers of privilege, which is the foe of rigiit. PROTECT THE FORESTS. Their Peril Belittled by Shortsight ed, Greedy Public Foes. If there is any one duty which more than another we owe it to our children and our children's children to perform at once it Is to save the forests of this country, for they constitute the first and most important element in the conservation of the natural re sources of the country. There nre, of I course, two kinds of natural resources. One Is the kind which can only be used as part of a process of exhaus tion. This is true of mines, natural I oil nnd gns wells nnd the like. The other, nnd of course ultimately by far I the inost Important. Includes the re- I sources which can be Improved In the process of wise use. The soil, the riv ers and tiie forests come under this head. Any really civilized nntion will so use nil of these three great national assets that the nation will have their benefit In the future. Just as a farm im. er. after all his life making his living from his farm, will, if he is an expert farmer, leave it as an asset of increas ed value to his son, so we should lenve Shortsighted persons, or persons blinded to the future by desire to make money in every way out of the present, sometimes speak as if no grent damage would be done by the reckless destruction of our forests. It is difficult to have patience with the arguments of these persons. Thanks to our own recklessness in the use of our splendid forests, we have nlready crossed the verge of a timber famine in this country, and no measures that we now take can, at least for many years, undo the mischief that has al ready been done. But we can prevent further mischief being done, and it would be in the highest degree repre hensible to let any consideration of temporary convenience or temporary cost interfere with such action, espe cially as regards the national forests, which the nation can now at this very moment control. All serious students of the question arc aware of the great damage that has been done In the Mediterranean countries of Europe, Asia and Africa by deforestation. The similar dam age that has been done in eastern Asia Is less well known. A recent in vestigation into conditions in north China by Mr. Frank N. Meyer of the bureau of plant industry of the Unit ed States department of agriculture has Incidentally furnished in very striking fashion proof of the ruin that comes from reckless deforestation of mountains and of the further fact that the damage once done may prove prac tically irreparable. So important are these investigations that I herewith attach as an appendix to my message certain photographs showing present conditions In China. They show in vivid fashion the appalling desolation, taking the shape of barren mountains and gravel and sand covered plains, which Immediately follows nnd de pends upon the deforestation of the mountains. Not many cenurles ago the country of northern China was one of the most fertile and beautiful spots in the entire world and was heavily forested. We know this not only from the old Chinese rccords, but from the accounts given by the trav eler Marco Polo. lie, for instance, mentions that in visiting the provinces of Shansi nnd Shensi ho observed many plantations of mulberry' trees. Now there is hardly single mulberry tree In either of these provinces, nnd the culture of the silkworm lias moved farther south, to regions of atmos pheric moisture. the past and the evil days of the pres ent. Wherever the native vegetation has been allowed to remain—as. for in stance, here and there around a sacred temple or imperial burying ground there are still huge trees and tangled jungle, fragments of the glorious an cient forests. The thick, matted for est growth formerly covered the moun tains to their summits. All natural factors favored this dense forest .. of the mountains most fertile There are small sections of our own latlon of tbe matter in the Interest of country In the east and in the west, in the Adirondacks, the White mountains and the Appnlachinns nnd in the Rocky mountains, where we can al ready see for ourselves the damage in the shape of permanent injury to the soil nnd the river systems which comes from reckless deforestation. It mat ters not whether this deforestation is due to the actual reckless cutting of timber, to the fires that Inevitably fol low such reckless cutting of timber or to reckless and uncontrolled grazing, especially by tbe great migratory bands of sheep, the unchecked wan dering of which over the country means destruction to forests and dis aster to the smnll homemakers, the settlers of limited menns. Change Brought by Deforestation. As an illustration of the complete change In the rivers we may take Polo's statement that a certain river, the ITun IIo. was so large and deep that merchants ascended It from the! sea with heavily laden boats. Today 'ore8ts this river is simply a broad sandv bed, '6, mountains worked but slowly in bring-1 ing about the changes that have now come to pass. Doubtless for genera tions the inmads were scarcely no ticeable, but there came a time when the forest had shrunk sufficiently fo make each year's cutting a serious matter, and from that time on the de struction proceeded with appalling ra pidity, for of course each year of de struction rendered tbe forest less able to recuperate, less able to resist next year's inroad. Mr. Meyer describes tbe ceaseless progress of the destruction even now. when there is so little left to destroy. Every morning men and boys go out armed with mattock or ax. scale the steepest mountain sides and cut down and grub out, root and branch, the small trees and shrubs still to be four,* The big trees dis appeared centuries ago, so that now one of those is never seen save in the neighborhood of temples, where they are artificially protected, and even here it t:".'.:es nil the watch and care of the tree loving priests to prevent their destruction. Each family, each com munity, where there Is no common our national domain to our children some other family or some other com- and firs, now unable to produce anv increased in value nnd not worn out. niunlty the total absence of regu- wood and because of their condition hl-,TnMe 1W°!,le, irr,"",1::'«u thought for the morrow. This Is just one of those matters which it is fatal to leave to unsupervised individual control. The forests can only be pro tected by the slate, by the nntion, and the liberty of action of individuals must be conditioned upon what the state or nation determines to be neces sary for the common safety. The lesson of deforestation in China is a lesson which mankind should have learned many times'already from what has occurred In other places. Denuda tion leaves naked soil, then gullying cuts down to the bare rock, and mean while the rock waste buries the bot tom lands. When the soli Is gone men must go, and the process does not take long. The ruthless destruction of the for ests in northern China has brought about or has aided In bringing about desolation, Just as the destruction of the forests in central Asia aid in bring ing ruin to the once rich central Asian cities, just as the destruction of the forests In northern Africa helped to ward the ruin of a region that was a fertile granary in Roman days. Short sighted man, whether barbaric, semi civilized or what he mistakenly regards as fully civilized, when he has destroy ed the forests has rendered certain the ultimate destruction of the land itself. In northern China the mountains are now such as nre shown by the accom panying photographs, absolutely barren peaks. Not only have the forests been destroyed, but because of their destruc tion the soil has been washed off the naked rock. The terrible consequence is that it is impossible now to undo the damage that has been done. Many centuries would have to pass before soil would again collect or could be made to collect in sufficient quantity once more to support the old time for est growth. In consequence the Mon gol desert Is practically extending east ward over northern China. The cli mate has changed and is still chang ing. It has changed even within the last half century as the work of tree destruction has been consummated. The great masses of arboreal vegetation on the mountains formerly absorbed the heat of the sun and sent up cur rents of cool air which brought the moisture laden clouds lower and forced them to precipitate in rain a part of their burden of water. Now that there Is no vegetation the barren mountains, scorched by the sun, send up currents of heated air which drive away in stead of attracting the rain clouds and cause their moisture to be disseminat ed. In consequence, instead of the reg ula- and plentiful rains which existed in these regions of China when the forests were still in evidence, the un fortunate inhabitants of the deforested lands now see their crops wither for lack of rainfall, while the seasons grow more and more irregular, and as the air becomes drier certain crops refuse longer to grow at all. That everything dries out faster than formerly is shown by the fact that the level of the wells all over the land has suuk perceptibly, many of them hav ing become totally dry. In addition to the resultiug agricultural distress, the water courses have changed. Former ly they were narrow and deep, with an abundance of clear water the year around, for the roots and humus of CfUg",t 'J' ""li trickles in slender currents during the But we do not ,., dry seasons, while when it rains there are freshets, and roaring muddy tor rents come tearing down, bringing dis aster and destruction everywhere. A1 nn 10 a" e|tlvation whole country was a garden. Not the slightest effort was made, however, to prevent the unchecked cutting of the trees or to secure reforestation. Doubtless for many centuries the tree cutting by the Inhabitants of the Moreover, these floods and freshets, which diversify the general dryness, wash away from the mountain sides and either wash away or cover in the valleys the rich fertile soil which It took tens of thousauds of years for nature to form, and it is lost forever, and until the forests grow again it cannot be replaced. The sand and stones from the mountain sides are washed loose and come rolling down to .. cover the arable lands, and in conse- growth. and as long as It wns per- .. ... mtffori I quence throughout this part of China mltted to exist tbe plains at the foot) were among tbe many formerly rich districts are now sandy wastes, useless for human eul- away 4 AJ 4 5' enre exercised In the Interest of all of them to prevent deforestation, finds its profit iu the immediate use of tbe fuel which would otherwise be used bv °n?h 81,la1,1 Kr°UP i9 1 the ra, Jt £SCape n^atcr by ,slow' -rrtfi, iThey have now become broad, shallow with shallow, rapid currents wander ing hither and thither across It, ab solutely unnnvigable. have to depend upon written records. The dry wells and the wells with wa ter far below the former water mark bear testimony to the good days of re,gul" se„eP®ge- stream beds in which muddy water and even for pasture. The cK,e9 hare Qf cJrS(, geriougly affected, for the streams have grad ually ceased to be navigable. There Is testimony that even within the mem ory of men now living there has been I a serious diminution of the rainfall of r,Mtlo T,)e level of the northeastern China. Sungari river, in northern Manchuria, has been sensibly lowered during the last fifty years, at lenst partly as the result of the indiscriminate cutting of the forests forming its watershed. Al most all the rivers of northern China have become uncontrollable and very dangerous to the dwellers along their banks as a direct result, of the destruc tion of the forests. The journey from Pekln to Jehol shows in melancholy fashion how the soil has been washed from whole valleys, so that they have been converted into deserts. In northern China this disastrous process has gone on so long nnd hns proceeded so far thnt no complete remedy could be npplled. There nre certain mountains in China from only the slow action of tbe ages could again restore it, although of course much could be done to prevent the still farther eastward extension of the Mongolian desert if the Chinese gov ernment would act nt once. The ac companying cuts from photographs show tbe inconceivable desolation of PAGE FTVTC,, the barren mountains 1l whlcii cer tain of these rivers rie»— mountains, be it remembered, which formerly supported dense forests of larches condition a source of danger to the whole coun- tr?' The ineMtably pushed into policy of de-I same rivers after thev have passed Photographs also show the lng become broad and sandy because of the deforestation of the mountains. One of the photographs shows a cara van passing through a valley. For merly, when the mountains were for ested, it wns thickly peopled by pros perous peasants. Now the floods have carried destruction all over tho land and the valley is a stony desert. An other photograph shows a mountain rood covered with the stones and rocks that nre brought down in the rainy season from the mountains which have nlready been deforested by human hands. Another shows a pebbly river bed in southern Man churia where what was once a great stream has dried up owing to the de forestation in the mountains. Only some scrub wood is left, which will disappear within a half century. Yet another shows the effect of one of the washouts, destroying an arable moun tain side, these washouts being due to the removal of all vegetation, yet in this photograph the foreground show? that reforestation is still a possibility in places. What has thus happened In northern1 China, what has happened in central Asia, In Palestine, in north Africa, In parts of the Mediterranean coun tries of Europe, will surely happen In our country if we do not exercise that wise forethought which should be one of the chief marks of nny people call ing itself civilized. Nothing should ba permitted to stand in the way of the preservation of the forests, and It la criminal to permit Individuals to pur chase a little gain for themselves through the destruction of forests when this destruction is fatal to the well being of the whole country lnrtha future. .... ,, INLAND WATERWAYS. Action to Improve Our tfavigablo Hirers Urgently Needed. Action should be begun forthwith, during the present session of congress, for the improvement of our inland wa terways—action which will result la giving us not only navigable but navigated rivers. We have Bpenh hundreds of millions of dollars upon these waterways, yet the traffic on nearly all of them Is steadily declin ing. This condition is the direct re sult of the absence of any compre hensive and farseeing plan of water way improvement. Obviously we can not continue thus to expend the rev enues of the government without re turn. It is poor business to spend money for Inland navigation unless wa get It. Inquiry into the condition of the Mississippi and its principal tributa ries reveals very many instances of the utter waste caused by the methods which have hitherto obtained for tha so called "improvement" of naviga tion. A striking instance is supplied by the "improvement" of the Ohio, which, begun In 1824, was continued, under a single plan for half a century* In 1876 a new plan was adopted and followed for a quarter of a century. In 1902 still a different plan was adopt" ed and has since been pursued at rate which only promises a navigable) river in from twenty to a hundred years longer. Such shortsighted, vacillating and) futile methods are accompanied by de* creasing water borne commerce and1 increasing traffic congestion on land* by increasing floods and by tho waste of public money. The remedy lfces lt» abandoning the methods which have* so signally failed and adopting newr ones in keeping with the ueeds andi demands of our people. In a report on a measure introduced! at the first session of tbe present COIH gross the secretary of war said, "The! chief defect in the methods hitherto* pursued lies in tbe absence of execu-, tive authority for originating compre hensive plans covering the country ot natural divisions thereof." In thl* opinion I heartily concur. The pree~ ent methods not only fall to give us. inland navigation, but they are injur rlous to the army as well. What 19 virtually a permanent detail of tha corps of engineers to civilian duty nec essarily impairs the efficiency of our military' establishment. The military, engineers have undoubtedly done effi cient work in actual construction, butt they are necessarily unsulted by their training and traditions to take the broad view and to gather and trans mit to the congress the commercial and industrial information and fore casts upon which waterway improve ment must always so largely rest, Furthermore, they have failed to grasp the great underlying fact that every stream is a unit from its source to its mouth and that all Its uses are inter dependent. Prominent officers of the engineer corps have recently even gono so far as to assert In print that wa terways are nor dependent upon the conservation of the forests about their headwaters. This position Is opposed to all the recent work of the scientific bureaus of the government and to the general experience of mankind. A physician who disbelieved in vaccina tion would not be the right man to handle an epidemic of smallpox, nor which tiie soil is gone so utterly that should we leave a doctor skeptical about the transmission of yellow fever by the stegomyia mosquito l:i charge of sanitation nt Havana or Panama. So with tbe improvement of our riv ers. It is no longer wise or safe to leave this grent work In tbe hnnds of men who fail to grasp the essential relations between navigation and gen- it irtiif tin iirf luillllrtli Jill Ml 'iltrin'Tf' firm 'Tn^n Jl "1 I i3 rn 4 A