Los Angeles herald. [microfilm reel], December 07, 1910, Page 5, Image 5

About Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911

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President Recommends Leasing of Coal Lands in U.S. Domains
FORTIFY PANAMA CANAL; IMPROVE
ARMY, IS TAFT'S MILITARY NOTE
Executive Calls for Commission to Determine Reorganization of
Regular Army and Volunteers and Renews Appeal for Mer
chant Marine* Calling Attention to Value in War
conspiracy, prosecutions which have saved Iff
norant and weak member* of the publlo and
are saving them hundreds of millions of dol
lars. The violation* of th* anti-trust law
present perhaps the most Important litigation
before the department, and th* number of
case* filed shows th* activity of the govern
ment In enforcing that statute.
In a special message last year I brought
to the attention of congress the propriety and
wisdom of enacting a general law providing
for the Incorporation of Industrial and other
companies engaged In Interstate commerce,
and 1 renew my recommendation ln that ba
lief.
Judicial Procedure
One great crying need In the United States
Is cheapening the coat of litigation by sim
plifying Judicial procedure and expediting final
Judgment. Under present oondltione the poor
man 1* at a woeful disadvantage in a legal
contest with a corporation or rich opponent.
The necessity for the reform exists both ln the
United State* court* and In all state courts.
In order to bring It about, however, It natur
ally falls to the general government by It*
example to furnish a model to all states. A
legislative commission appointed by Joint res
olution of oongre«B to revise the procedure
In the United State* oourt* has a* yet made
no report
Under the law th* supreme court of the
United States ha* the power and is given
the duty to frame the equity rules of pro
cedure which are to obtain In the federal
courts of first Instance. In view of th* heavy
burden of pressing litigation which that oourt
has had to carry, with one or two of Its mem
ber* Incapacitated through 111 health. it ha*
not been able to take up problems of Im
proving the equity procedure, which has prac
tically remained the same niece the organ
isation of the court ln 1789. It 1* reasonable
to expect that with all the vacancies upon
th* court filled It will take up the question
of cheapening and simplifying the procedure
In equity in the courts of the United States.
The equity business is much .the more im
portant In the federal court and I may add
much the more expensive. I am strongly
convinced that the best method of Improving
Judicial procedure at law Is to empower the
supreme court to do It through the medium of
the rules of the courts as In equity. This la
the way ln which it a* been done ln Eng
land, and thoroughly done. The simplicity
and expedition of procedure in the English
courts today make a model for the reform
of other systems. 1 cannot conceive any
higher duty than the sup'ena court could
perform than In leading the way to a simplifi
cation of procedure ln the United States
court*.
Relief of Supreme Court
No man ought to have as a matter of right
a review of hi* case by th* supreme court.
He should be satisfied by on* hearing before
a court of flrtt Instance and one review by
a court of appeals. The proper and chief use
fulness of the supreme court, and especially
of the supreme court of the United States, is,
ln the cases which come before It. so to ox
pound the law, and especially the funda
mental law—th* constitution—as to furnish
precedents for the Inferior court* in future
litigation and ' for th* executive offloers in
the • construction of statutes and I th. per
formance of their legal duties. Therefore, any
provisions for review of cases by the su
preme court that cast upon that court th*
duty of passing on questions of evidence and
the construction of particular forms of in
strument*. ilk* indictments, or wills, or con
tracts, decisions not of general application
or tmportanoe, merely ©log and burden th*
court and render more difficult Its higher
function, which make* It so Important a part
of th* framework of our government The
supreme court Is now carrying an unnecessary
burden of appeal* of this kind, and I earnest- :
ly urge that It be removed. I
Injunction Bill
I wish to renew my urgent recommenda
tion made ln my last annual message in
favor of the passage of a law which shall
regulate the issuing of Injunctions in equity
without notice In accordance with the best
practice now ln vogue In th* court, of the
United States. I regard thi. of especial im
portance, first because It has been promised,
and second, because It - will deprive those
who now complain of certain alleged abuses
ln the Improper Issuing of Injunctions, with
out notloe of any real ground for further
amendment and will take away all semblance
of support for the extremely radical legis
lation they propose, which wil bo most per
nloloua If adopted, will sap the foundation*
of Judicial power, and legalize that cruel
social instrument, th* eeoondary boycott
. Judicial Salaries
I further recommend to congress th* pas
sag* of the bill now pending for th* In
crease ln th* salaries of the federal Judges,
by which the ohlef Justice of th* supreme
court (hall receive $17,600 and the assistant
• Justice* $17,000; the circuit Judge, constitut
ing th* circuit court of appeals shall receive
$10,000, and the district udge* $9000. The cost
of living Is such, especially ln th. large
cities, that even the salaries fixed ln the
proposed bill will enable the Incumbents to
accumulate little, If anything, to support their
. families after their death. s;,';;.
Postal Savings Bank
At It* last session cbngreu made provision
for. th* establishment of savings bank, by
the postoffice department of this govern
ment, by which, under the general control of
trustees, consisting of the postmaster gen
eral, the Secretary of .the treasury and the/
attorney general, the system could be begun
ln a few cities and town., and enlarged to
cover within Its operation, as' many cities
and towns and a. largo a part of the coun
try as seemed wis*. Arrangement, hay* been
perfected so that saving, bank, will b*
opened ln some cities and towns on the flrat
of January, and there will be a gradual ex
tension of the benefit* of the plan to the
people of th* country.
Postal Deficit
As I have Bald, th* postoffice '. department
1. a great business department,' and I am
glad, to not* th* fact that under It. pres
ent management principle* of buslne..' econ
omy and efficiency are being applied. \ For
many years there has been a deficit In the
operations of the postoffice department, which
ha. been met >by appropriation from th*
treasury. The appropriation estimated for
last year from the treasury over and above
the receipt, of the department was $17,
--500,000. I am glad to record j the fact that
of that $17,600,000 estimated for, $11,600,000
were saved and returned to th* j treasury.
Th* personal, efforts of th* postmaster gen
eral - secured , th* effective co-operation .of
thousand, of postmaster, and other poatal
officers throughout the country ln carrying
out hi. plan, of reorganization ' and re
trenchment. I The result 1. that the postmas
ter general has been able to make hi. esti
mate of expense, for the present year .0
low as to keep within th* amount th* poa
tal service 1. expected to earn. It 1. grati
fying to report that the reduction In th*
deficit ha. been accomplished without any
curtailment of postal facilities. On th* con
trary, the service has been greatly extended
during, the year th all Its' branches.
Upon the recommendation of the postmaster
general, I have included In th* classified serv
ice all assistant postmasters, and I , believe
that this giving • secure tenure ' to thos*^
who are the moat Important subordinates of
postmasters will add much to th* efficiency
of their offices and an economical adminis
tration. A large number of the fourth class
postmasters are now ln the classified service.
I think It would be wise to put ln th* classi
fied service the first, second and third class
postmasters. It la more logical to do this
than to classify the fourth class postmas
ters, for the reason that th* fourth class
postofflees are invariably small and tbe post
master* are necessarily men who must com
bine some other business with the poatmas
tershlp, whereas the first, second and third
class postmasters are paid a sufficient amount
to Justify the requirement that they shall
have no other business and that - they Shall
devote their attention to their postoffice du
ties. To classify first, | second and third
class postmasters would require the passage
of an act changing the method of their ap
pointment so* as to take away the necessity
for the advice and consent of the senate.
I am aware that this is Inviting' from the
senate a concession In respect to Its quasi
executive powers that la considerable, but I
believe It to be ln the Interest of good ad-
ministration and efficiency of service. To
make this orange would take th* postmas
ters out of politics, would relieve congress
men who are now burdened with the neces
sity of making recommendation* for the
places of a responsibility that must be irk
some and can create nothing but trouble;
and It would result in securing greater at
tention to business, greater fidelity and con
sequently greater economy and efficiency ln
the postoffice* which they conduct
Second-Class Mail Matter
In my last annual message I invited the
attention of congress to the Inadequacy of the
postal'rats Imposed upon.second class mall
matter ln so far as that Include* magazines,,
and showed by figures prepared by expert*
of the postoffice department that the gov
ernment would be rendering assistance to
the magazine* costing many millions in ex
cess of th* compensation paid. An answer
was attempted to thla by the representa
tives of th* magazines, and a reply waa
filed to this answer by the postoffice de
partment The utter Inadequacy of the an
swer considered ln the light of the . reply
of th* postoffice department I think must
appeal to any fair minded person. Whether
the answer was ail that could be said In
behalf of the magazines Is another question.
I agree that the question is one of fact; but
I insist that if the fact is as the experts of
the postoffice department show, that we are
furnishing to the owners of magazines a
service worth millions more than they pay
for It then Justice requires that the rate
should be Increased. The. Increase In the re
ceipts of th* department resulting from this
change may be devoted to Increasing the use
fulness of the department ln establishing a
parcel, post and In reducing the coat of
first class postage to on* cent It has been
said by the postmaster general that a fair
adjustment might be made under which the
advertising part of the magazine should be
charged for at a different and higher rate
than that from the reading matter. This
would relieve many useful magazines , that
are not circulated for profit and would not
shut them out from the use of the malls
by a prohibitory rat*.
Parcels Post
' With respect to the parcels poet, I re
spectfully recommend Its adoption on all
rural delivery routes, and that eleven pounds
—the International limit—b. mad. the limit
of carriage In such post, and .thus with a
view to It. general extension when the In
come of the postoffice will permit It and the
postal savings bank shall have bean fully
established. The earn, argument is made
against th. parcel* post that was made
against th* postal savings bank— It I*
Introducing th* government Into a business
whloh ought to be conducted by private per
sons, and Is paternalism. The postoffice de
partment ba* a great plant and a great or
ganization, reaching into the most remote
hamlet of the United States, and with this
machinery It I* able to do a great many
thing* economically that if a new organiza
tion were necessary It would be Impossible
to do without extravagant expenditure. That
Is the reason why the postal savings bank
can be carried on at a email additional cost
and why It is possible to incorporate at a
very Inconsiderable expense a parcels post
in the rural delivery system. A general
parcels post will Involve a much greater
outlay. '
Navy Department
In the last annual report of the secretary
of th. navy and ln my annual' message at
tention was called to the new detail of offi
cers ln the navy department by which offi
cers of flag rank were assigned to duty a*
aides to th* secretary In respect to naval
operations, personnel, Inspection and material.
This change was a substantial compliance
with the recommendation of the commission
on naval reorganization headed by Mr. Jus
tice Moody and submitted to President
Roosevelt on February 26, 1909.
Through the advice of this committee of
line officers, the sooretary la able to, bring
about a proper co-ordination of all I the
branches of , the naval department with
greater military efficiency. The secretary of
the navy recommends that this new organ
ization be recognized by legislation and thus
be mad* permanent. I concur ln the recom
mendation.
Naval Supply Fund
I commend to your attention th* report of
the secretary on the change In the system of
oost accounting In navy yard*, and also to
the possibility of the naval supply fund and
the present condition* existing In regttrd to
that matter. Under previous practice, and
what now seem* to have been an erroneous
construction of the law, th* supply fund of
the navy was inoreaeod from $2,700,000 to
something over 114,000,000, and a system of
accounting was Introduced which prevented
the striking of a proper balance and a
knowledge of the exact cost of maintaining
the naval establishment The system haa
not, been abandoned and a naval supply ac
count j eatabllahed by law July 1, 1910. The
naval supply fund of 82,700,000 la now on de
posit in the treasury to the credit of that de
partment. The . secretary recommends that
the naval supply account be made permanent
by law and that the $2,700,000 of the naval
supply fund bo covered Into the treasury as
unnecessary, and ask for executive au
thority to do this. This sum when covered
Into th* treasury will be really a reduction
ln recorded naval oost for this year. Th*
estimates of the navy department are $5,000,
--000 less than the aproprlatlon for th* same
purpose last year, and Included ln this la
the building program of the same amount
as that submitted for your | consideration
last year. It la merely carrying out the
plan of building two battleship* a year,
with a few _ needed auxiliary vessels. I
earnestly bop* that this program will be
adopted.
Abolition of Navy Yards
Th* secretary of th* navy ha* given per
sonal examination to every navy yard and
ha* studied th. uses of th* navy yard* with
reference to the necessities of our fleet. With
a fleet considerably less than , half th* sis*
of that of th* British navy, w* hay* , ship
yard* ,' mora than double ' tha ■ number.
LOS ANGELES HERALD: WEDNESDAY MORNING, DECEMBER 7, 1910.
and there are several of these, shipyards, ex
pensively equipped with modern machinery,
which . after Investigation the secretary of
th. navy believe* to be entirely useless
for naval purpose*. He asks authority to
abandon certain of them and to move their
machinery to other place* where It can be
made of use.
Peary
The complete *xioo*m of our country ln
Arctic exploration should not remain un
noticed. The unparalleled achievement of
Peary ln reaching th* North Pole April
6, 1909, approved by critical examination
of th* most expect scientists, ha* added
to th* distinction of our navy, to which
he belongs, and reflects credit upon hi*
country. Hl* unique success ha* received
generous acknowledgment from scientific
bodies of learning' In America and Europe.
I ask official recognition by congress of
the great achievement of Robert Edwin
Peary.
Department of Interior %
Appeal* to court In land case*.
The secretary of the Interior recommend*
a change of the law In respect to the pro
cedure ln adjudicating claims for lands
by which appeals can be taken from the de
cisions of the department to the court of
appeal of the District of Columbia for a
Judicial consideration of the rights of the
claimant This change find* complete
analogy In the present provision for appeals
from th* decision of the commissioner of
patent*.' The judgments, of the court In
such case* would be of decisive value to
land claimants generally and to the depart
ment of. the Interior ln the administration
of the law would enable claimants to bring
into court th* final consideration of Issues
as to the title to government land and
would, I think, obviate a good deal of the
subsequent litigation that now arises In our
western courts. The bill 1* pending, I be
lieve, In the house, having been favorably
reported from the committee on publlo
lands, and I recommend its enactment.
On* of the difficulties in the interior
department and ln the land office has
been the delays attendant upon the con
sideration by the land office and the sec
retary of the Interior of claim* for patents
of public land* to individuals. I am glad
to say that . under th* recent appropria
tions of the congress and the earnest ef
forts of the secretary and his subordinates,
these arrears have been disposed of and the
work of the department has been brought
more nearly up to date In respect to the
pending business than ever before In Its
history. Economies have been effected
where possible without legislative assist
ance, and these are shown in the reduced
estimate* for the expense* of the depart
ment during the current fiscal year and
during the year to come.
Conservation •
The subject of th* conservation of the
public domain has commanded the atten
tion of the people within the last two or
three years.
Agricultural Lands
There Is no need for radical reform In the
methods of disposing of what are really
agricultural lands. The presont laws have
worked well. The enlarged homestead law
has encouraged the successful farming of
land* In the semi-arid regions.
Reclamation
The total sum already accumulated in the
fund provided by the act for the reclama
tion of arid lands 1* about $69,889,058.76,
and of this all but $6,241,058.76 has been
allotted to the various projects, of which
| there are thirty. Congress at its last ses
sion provided for the Issuing of certificates
of Indebtedness not exceeding $20,000,000,
to be redeemed from the reclamation fund
when the proceeds of lands sold and from
the water rents should be sufficient. Mean
time, In accordance with the' provision* of
the laws, I appointed' a board of army
engineer* to examine the projects and to
ascertain which are feasible and worthy of
completion. That board has made a report
upon the subject, which I shall transmit in
a separate message within a few daya
Conservation Address
In September last a conservation congress
was held at St. Paul, at which I deliv
ered an address on the subject of conser
vation so far as it was within the Jurisdic
tion and possible action of the federal
government.
In that address I assembled from the
official • report* the statistics and facts as
to what had been done ln this behalf ln
the administration of my predecessor and
In my own. and Indicated tho legislative
measure* which I believed to be wise in
order to secure the best use ln the public
Interest of what remains of our national
domain. There was in this address a very
full discussion of the reasons which led me
to th* conclusions stated. For the purpose
of having an official record a comprehensive
resume of th* statistics and facts gathered
with some difficulty In that address, I ven
ture to make the address an acoompanylng
appendix. The statistics are corrected to
November 15 last .
Specific Recommendations
For. the reason, stated in th* conserva
tion address. I recommend:
First— the limitation now imposed
upon the executive which forbid, his . re
serving more forest lands ln Oregon, Wash
ington, Idaho. Montana, Colorado and
Wyoming be repealed.
Second— the coal deposit, of the gov
ernment be leased after advertisement In
viting competitive bids, for terma not ex
ceeding fifty years, with a minimum rental
and royalties upon these coal mine*, to be
readjusted every ten or twelve years, and
with conditions a. to maintenance which
will secure proper mining, and as to as
signment which will prevent combinations
to monopolize control of the coal ln any
on* district or market
I do not think that coal measure, under
2800 aores of surface would be too large
on amount to lease to any on* lessee.
' Third—That th* law should provide th*
■am* separation In" respect to government
phosphate land, of surface and m neral
rights that now obtains In ooal lands,
and that permission to release such land,
upon the term, and limitations similar to
those above recommended for coal leases,
with an added condition enabling the gov
ernment to regulate and. need bo. to pro
hibit the export to foreign countries of the
product .
Fourth-That th* law should allow a pros
pector for oil or gas to have the right to
prospect for two years over a certain tract
of government land, the right to be evidenced
by a license for which he shall pay a .mall
sum; and that upon discovery a lease may
be granted upon terms securing a minimum
rental and proper royalties to the govern
ment, and also the conduct of the oil or
ga. well ln accord with the best method for
husbanding the supply of oil in th. district.
The period of the leases ihould not be as
long a. those of coal, but they should con
tain similar provision* as to assignment
to prevent monopolistic combination..
Water Power Sites
Fifth—That water power site, be directly
leased by the federal government, after ad
vertlaement and bidding, for not exceeding
fifty year, upon a proper rental and with a
condition fixing rate* charged to the publlo
for unit* of electric power, both rental and
rate* to be readjusted equitably every ten
year* by arbitration or otherwise with suit
able provision, against assignment to pre
vent monopolistic combination.. Or that the
law shall provide that upon application mad*
byp the authorities of the .tat* where the
water power site 1* situated, It may be pat
anted to the .tat* on condition that th* .tat*
■hall dispose of It under term, like those
Just described, and shall enforce theae term.,
or upon failure to comply with the condi
tion th* water power alt* and all th* plant
and Improvement on th* .It* shall be forfelt
>-■■'.
Ed and revert to the United States, th* presi
dent being given the power to declare the
forfeiture and to direct legal proceedings for
It* enforcement. Either of theae methods
would, I think, accomplish the proper public
purpose In respect to water power sites, but
one or the other should be promptly adopt
ed.
I earnestly org* upon oongre** that at
this session general conservation legislation
of th. character Indicated be made. At Its
last session this congress took most useful
and proper steps In th* cause of conserva
tion by allowing the executive, through
withdrawals, to suspend the action of the
existing laws In respect to much of th* pub
llo domain. I. have not thought that the
danger of disposing of coal lands In tha
United State* under th* present laws In large
quantities was so great as to call for their
withdrawal, because under the present pro
visions, It Is reasonably certain that the gov
ernment will receive the real value of the
land. But In respect to oil lands, or phos
phate lands and of gas lands In the United
States, and ln respect to coal lands ln Alaska,
I have exercised the full power of with
drawal with the hop. that th. action of con
gress would follow promptly and prevent
that tying up of the resource* of th* coun
try In the western and less settled portions
and In Alaska, which means stagnation and
retrogression. -
The .question of conservation Is not a par
tisan one, and I sincerely hope that even
In the short time of the short session, con
sideration may he given to those questions
which have now been much discussed, and
that action may be taken upon them.
Alaska '
With reference to the government of Alas
ka, I have nothing to add to th. recommen
dations I made ln my last message on the
subject. I am convinced that the migratory
character of the population, Its unequal de
velopment and Its smallness of number,
which the new census shows to be about
60,000, In relation to the enormous expanse of
the territory, make It altogether Impractic
able to give to those people who are In
Alaska today and may not be there a year
hence, the power to elect a legislature to
govern an Immense territory to which they
have a relation so little permanent. It Is far
better for the development of the territory
that It be committed to a commission to be
appointed by the executive, with limited leg
islative powers sufficiently broad to meet the
local needs, than to continue the present
insufficient government with few remedial
powers, or to make a popular government
where there . Is not proper foundation upon
which to rest It
The suggestion that the appointment of a
commission will lead to the control of the
government by corporate or selfish and ex
ploiting Interests has not the slightest foun
dation In fact. Such a government worked
well ln the Philippines and would work well
In Alaska, and those who are really Inter
ested In the proper development of that ter
ritory for the benefit of the people who live
In It and the benefit of the people of the
United States, who own It, should support the
Institution of such a government
I have been asked to recommend that the
credit of the government be extended to aid
the construction of railroads In Alaska. I
am not ready now to do so. A great many
million, of dollars have been already ex
pended In the construction of at least two
railroad., and If law. be lacking providing
for the proper development of the resources
of Alaska, especially for the opening up of
the coal lands, I believe that the capital al
ready Invested will Induce the Investment of
more capital, sufficient to complete the rail
roads building and to furnish cheap coal not
only to Alaska but to the whole Pacific coast.
The passage of a law permitting the leasing
of government coal lands In Alaska after
public competition, and the appointment of a
commission for the government of the terri
tory, -with enabling powers to meet the lo
cal needs, will lead to an Improvement In
Alaska and the development of her resources
that 1. likely to surprise the country.
Pensions *.
The uniform policy of the government ln
the matter of granting pension, to those
gallant and devoted men who fought to save
the life of the nation In the perilous days
of the great civil war, ha. always been of
the moat liberal character.
Theae men are now rapidly passing away.
To the men who risked everything on the
field of battle to save the nation in the hour
of its direst need we owe a debt which ha.
not been computed in a grudging nor pe
nurious spirit. But while we should be ac
tuated by this spirit to the soldier himself,
car* should be exercised not to go to absurd
lengths nor distribute the bounty of the
government to classes of persons who may,
from a mere mercenary motive, seek to ob
tain some legal relation with an old veteran
now tottering on the brink of the grave.
Forest Service
I have already referred to th* forest, of
the United States and their extent, and have
urged, as I do again, th. removal of the lim
itation upon the power of the executive to
reserve other tracts of land In six western
states ln which wuudrawal for thi. purpose
I. now forbidden.
The secretary of agriculture gives a very
full description of the disastrous fires that
occurred during the last summer In the na
tional forests. A drought more Intense than
any recorded in the history of the west
had Introduced a condition into the forest,
which made fires almost Inevitable, and loco
motive sparks, negligent campers, and ln
some case. Incendiaries furnished th*. needed
Immediate cause. At one time the fire* were
so extensive that they covered a range of
a hundred miles and the aecretary estimate*
that standing timber to the value of $28,000,000
was destroyed. Seventy-six • persons ln ' the
employ of the forest service were killed and
many more Injured, and I regret to say there
Is no provision In the law by which the ex
pense, for their hospital treatment or of
their Interment could be met out of publlo
funds. -
The Red Cross contributed a thousand dol
lars and the remainder of th* necessasry
expense, was made up by private contribu
tion, chiefly from the force of the forest
service and Its officials. I recommend that
suitable legislation be enactetd to enable the
secretary of agriculture to relieve the moral
obligation, of the government In this respect
The motive which prompt, men of a false
civic pride to indue* the padding of oensus
returns ln order to Increase the population
of a particular city has been strong enough
to lead to fraud In respect to a few cities
In this country, and I have directed the at
torney general to proceed with all the vigor
possible against those who are responsible
for these frauds. They have been discov
ered and they will not Interfere with the ac
curacy of the census, but It I. of the highest
Importance that official Inquiry of this sort
should not be embarrassed by fraudulent
conspiracies ln soma local or private enter
prises.
Bureau of Lighthouses
The reorganization of the lighthouse board
has effected a very considerable saving In
th* administration, and th* estimates for
that service for the present year are $128,000
less than for the preceding year, The secre
tary 1. now asking for a large sum for th*
addition of light, and other aid. to th* com
merce of th* seas, Including a number ln
Alaska. The trad* along that coast I. be
coming more important, and I respectfully
urge th* necessity for following hi. recom
mendation. -
Bureau of Corporations
The commissioner of corporation, baa Just
completed the first part of a report on the
lumber Industry In the United States. This
part does not treat of the question of a trust
or combination ln tb* manufacture of lum
ber, a subject to be dealt with later. The
commissioner do*, And, however, a condition
ln the ownership of the standing timber of
the United States other than the government
timber that call, for serious attention. The
direct Investigation mad* by th* commis
sioner covered aa an* whloh contain* 80
Important Extracts Culled from
President's Message to Congress
"The schedules of the rates of duty in the Payne tariff act
have been subject to a great deal of criticism, some of it just, more
of it unfounded, and to too much misrepresentation.
"In order to avoid criticism of this kind in the future and for
the purpose of more clearly conforming to the party promise, con
gress at its last session made a provision, at my request, for the
continuance of a board for the ascertainment of the cost of produc
tion at home and abroad of the various articles included in the
schedules of the tariff.
"I cannot too much emphasize the importance and benefit of
this plan. It facilitates the removal of noteworthy defects without
a disturbance of business prosperity, which is even more important
to the happiness and comfort of the people than the elimination
of instances of injustice in the tariff.
"I have already stated to the congress that I strongly favor
fortification of the Panama canal and I now reiterate this opinion.
"There would seem to be strong reasons why the government
should take over and include in its management the furnishing
(on the Panama canal), not only to the navy, but to the public, of
drydock and repair shop facilities, and the sale of coal, oil and
other ship supplies. .
"I suggest as a wise amendment to the interstate commerce
law a provision prohibiting interstate commerce railroads from
owning or controlling ships engaged in the trade through the Pan
■jrwn ennui
"It seems to me that the existing legislation with reference to
the regulation of corporations and the restraint of their business
has reached a point where we can stop for awhile and witness the
effect of the vigorous execution of the laws on the statute books
in restraining the abuses which certainly did exist and which
a <ti.tiirhanc.fr of business property, which is even more important
per cent of the privately owned timber of the
country. His report show, that one-half "*
the timber In this area Is owned by 200 in
dividuals and corporations; that 14 per cent
Is owned by three corporations and there is
very extensive ownership of stock, a* well as
other circumstances, all pointing to friendly
relations among those who own a "^ty
of this timber, a relationship which might
lead to a combination for the maintenance of
a price that would bs very detrimental to
the public Interest and would create the ne
cessity of removing all tariff obstacle* to th*
countries. _ «*»,-.*.
free Importation ot lumber from other
Bureau of Labor
The commission of labor ha* been *>tlvely
engaged ln Interstate tran.portatlon under the
Erdman act Jointly with *£*£%*£
the interstate commerce commission. I can
not apeak lh too high terms of the success
of these two officers in conciliation and so -
tlement of controversies which but.for their
interposition, would have resulted disastrous
ly to all interests. , .
1 invite attention to th. very serious in
jury caused to all those who ar. engaged in
the manufacture of phosphorous matches. The
diseases incident to this are frightful, and as
matches can be mad. from other material,
entirely Innocuous. I believe that the In
jurious manufacture could be discouraged and
ought to be discouraged by th. Imposition of
a heavy federal tax. I recommend the adop
tion of this method of .tamping out a very
serious abuse. '
Eight-Hour Law
In 1892, the present eight hour law was
passed, which provides that th. services and
employment of i all laborer, and m.chanlca
who « now or may hereafter be employed
by th" government of th. United State., by
th. District of Columbia, or by any con
tractor or sub-contractor on any of the pub
lic works of th. United State, and of the
said District of Columbia la hereby restrict
ed to eight hours in any one calendar day.
and It shall be unlawful, etc.. etc. This law
has been construed to limit the application
of the requirement to the., who are directly
employed by th* government or to those who
are employed upon public works situated upon
land owned by the United States. This con
.traction prevented its application to gov
ernment battleships and other vessels built
In private shipyard, and to heavy gun. and
armorplate contracted for and mad* at pri
vate establishments.
The proposed act provides that no laborer
or mechanic doing any part of th* work
contemplated by a contract with the United
State, In the employ of the contractor or any
subcontractor shall be required or permitted
to work more than eight hours a day ln
any one calendar day. ■
It seems to me from the past history that
the government has been committed to a
policy of encouraging the limitation of th*
day's work to eight hours ln all works of
construction Initiated by itself, and It seem,
to m. Illogical to maintain a difference be
tween government work done on government
soil and government work done In a private
establishment when the work Is of such
large dimension and Involve, the expendi
ture of much labor for a considerable pe
riod, ao that the private manufacturer may
adjust himself and his establishment to the
apeclal terms of employment that he must
make with his workmen for this particular
Job.
Eight-Hour Limitation
To require, however, that every small con
tract entered Into by the government should
be carried out by the contractor with men
working at eight hours would be to Impose
an Intolerable burden on the government by
limiting its souroes of supply and excluding
altogether th. great majority of those who
would otherwise compete for Its business.
. The proposed act recognize, this In the ex
ception, which It make, to contracts.
"For transportation by water or land, for
the transmission of Intelligence and for such
materials or artlcl.B a* may usually be
bought ln th. open market whether made to
conform to particular specifications or not,
or for the purchase of supply by th. gov
ernment, whether manufactured to conform
to particular specifications or not"
I recommend that Instead of enacting the
proposed bill, the meaning of which Is' not
clear and definite and might be given a
construction embarrassing to the publlo In
terest the present act be enlarged by pro
viding that public work shall be construed
to Include not only building and work upon
public ground but also ships, armor and large
suns, when manufactured In private yard* or
factories.
One of the great difficulties In enforcing
this eight hour law Is that Its application
under certain emergencies becomes extremely
oppressive and there 1. a great temptation
to subordinate officials to evade It. I tblnk
that It would be wiser to allow th* presi
dent, by executive order, to declare an
emergency ln .pedal Instance. In which th*
limitation might not apply and. ln such cases,
to permit th* payment to the government of
extra compensation for the time worked each
day In excess of sight hours.
I may add that my suggestion. In respect
to this legislation have the full concurrence
of the commissioner of labor.
Workmen's Compensation
In view of the keen, widespread Interest
now felt In the United States ln a system
of compensation for Industrial acoldents to
supplant our present thoroughly unsatisfac
tory system of employers* liability, (a sub
ject the importance of which congress has
already recognised by the appointment of a
commission), I recommend that the Interna
tional congress on Industrial Insurance be In
vited to hold Its meeting 1913 ln Washing
ton; and that an appropriation of $10,000 be
made to cover th* necessary expenses of or
ganizing and carrying on the meeting.
By an act passed by congress the presi
dent wa* authorised to expend a million
dollar* to construct th* needed work to
prevent Injury to the lands of the Im
perial valley from the overflow of the Colo
rado river. I appointed a competent en
gineer to examine the locality and report
a plan for construction. He has don. so.
In order to complete the work it is neces
sary to secure the consent of Mexico, for
part of the work must be constructed In
Mexican territory. Negotiations looking to
the securing of such consent are quite near
completion. The Southern Paclflo railroad
proposes to assist us In th* work by lend
ing equipment and by the transportation of
material at coat price, and It Is hoped that
the work may be completed before any
danger shall arise from the spring floods tn
the river.
The work is being done under the super
vision of the secretary of the Interior and
hi* consulting engineer, General Marshall,
late chief of engineers, now retired.
This leads me to Invito the attention of
congress to the claim made by the Southern
Pacific Railroad company for an amount
expended ln a similar work of relief called
for by a flood and great emergency. This
work, as I am Informed, was undertaken
at the request of my predeeesaor and under
promise to reimburse the railroad com
pany. It seems to me the equity of this
claim is manifest and the only question in
volved Is the reasonable value of the work
done. I recommend the payment of the
claim ln a sum found to be Just
Civil Service Commission
The civil servloe commission has con
tinued Its useful duties during the year.
The necessity for the maintenance of the
provisions of the civil service law was
never greater than today. Officer* respon
sible for th* policy of the administration,
and their Immediate personal assistant* or
deputies, should not be inoluded within the
classified service; but ln my Judgment pub
llo opinion has advanced to the point where
It would support a bill providing a secure
tenure .during efficiency for all purely ad
ministrative officials. I entertain the pro
found conviction that it would greatly aid
the cause of efficient and economical gov
ernment and of better politics If congress
could enact a bill providing that the execu
tive shall have the power to Include ln the
classified service all local officers under the
treasury department, the department of Jus
tice, the interior department, the depart
ment of labor,, departments to which now
require th* confirmation of the senate, and
that upon such classification the advice and
consent of the senate shall cease to be re
quired in such appointments. By their cer
tainty of tenure, dependent on good service,
and by their freedom from the necesalty
for political activity, these local officers
would be Induced to become more efficient
publlo servants.
The civil service law 1* an attempt to
solve the problem of the proper selection of
those who enter the service. A better sys-
One True Medicinal Whiskey
Beware of imitations and substitutes unscrupulous
dealers tell you are "just as good as"
Duffy's Pure Malt Whiskey
These cheap concoctions are foisted on the people with the intent
to deceive by dealers mindful of their profits only and caring noth
ing for the health of their patrons. Some try to make you believe
it is Duffy's Pure Malt Whiskey. Others go as far as to refill our,
bottles with these concoctions and endeavor to fool the people into
buying their spurious goods as the genuine. Keep a close watch and
do not buy one of these refilled bottles.
Substitutes Are Dangerous
When a remedy has been before the public for more than half a
century, has been prescribed and used by the best doctors and in
prominent hospitals, and has carried the blessings of health into an
many thousands of homes as Duffy's Pure Malt Whiskey has, imi
tations are bound to arise. But they can imitate the bottle and
label only— one can imitate the contents.
JIU HSI Duffy's Pure
|pi 111 Malt Whiskey
i^^fekJw^V *s beneficial
B "^ P"^ dlStllla-
H t**on °* ma'te<^ B"ra'n- Its palat-
II «lfj OT^rffiiMSb^Kw ability and its freedom from in
§§*• 'te[ w|^^P^w«(h| jurious substances render it so
fjVk /^■^SHj^^P'Bg^ra^ t'iat '* can be retained hy the most
%l 6/ 0 i^^^^lfWM^k^^ used with remarkable results in
& £*1 li^MValaVEttl lie treatment °* consumption,
P* i *^yB I^^^S^ra^i pneumonia, grip, coughs, colds,
P- ■ ~MMk l^Hi,«^|^^^/| asthma, malaria, low fevers, stom
ja ach troub*es *n.d all wasted anci
pJUlliJpll Sli^S^filfi The genuine Duffy's Pure Malt
|m ■'ii , "^'Tl W^BO^SSSI Whiskey is sold in sealed bottles
oitf-_^WY^____i^\ onl y- The "01d Chemist 3 Head"
&»_..**" V :^\^C__W wk____ >s on the 'abe and over t^ie cnr'c
_W_ *i-S^ sHWJ is an engraved seal. Be certain
|ftlO,ll^B Rn|| :^^^H this seal is unbroken. Sold by
Wg^jg^-g^^^M^^^^^MMP everywhere or direct, $1.00 a larg-3
Facsimile of yui-m_m and botU* greatly reduoed TU* DuJTy Hall Whiskey Co., Koche.»*r N. i.
'■_._, i -* ie ¥?-a ,i m / *nT^-■: SP*..»A »i-Ms9u>jA\>3fr!
t.m under that law for promotion ought to
be devised, but. given th. .elected employ*,
there remains still the question of promot
ing his efficiency and his uael .In***
to the government and that can be b j-t..' •
about only by a careful comparison at Will
work done by th* Individual and appointing
out of the necessity for Improvement A tht*
regard where Improvement 1* Impossible.
Economy and Efficiency
The Increase In the activities and in th*
annual expenditures of the federal govern
ment has been so rapid and bo great thit
the time has com* to check the expand
of government activities ln new direction*
until we have tested the economy and ef
ficiency with whloh the government of to
day la being carried on. Th* responsi
bility rests upon the head of the adminis
tration. He 1* held accountable by the pah
Ho and properly so. Despite the unsolilsa
and patriotic efforts of the heads cf de
partments and other* charged with respon
sibility of government, there has grown
up In this country a conviction that ths
expenses of government Are too great The
fundamental reason for the existence un
detected of waste, duplication and bad man
agement la the lack of prompt, accural*
Information. The president of a private
corporation doing so vast a business an
the government tranaaots would, through
competent specialists, maintain th* closest
scrutiny on the comparative efficiency anl
the comparative coat In each division c
department of the business. He would know
precisely what the duties and the activ
ities of each bureau or division are In order
to prevent overlapping. No adequate ma
chinery at present exists for supplying the)
president of the United States with su< In
formation respecting the business for whicli
he is responsible.
For the first time In th* history of ui'v
government congress in the last session sup
piled this need and made an appropriation to
enable the president to Inquire into the econ
omy and efficiency of the executive depart
ments, and I am now assembling an organ
ization for the purpose.
At the outset I find comparison between th*
departments and bureaus Impossible, for th*
reason that ln no two departments are the
estimate, and expenditures displayed and
classified alike. The first step Is to reduce
all to a common standard for classification
and Judgment and this work 1. being done.
When It is completed the foundation will b*
laid for a businesslike national budget and
for such a Just comparison of th. econ
omy and efficiency with which the several
divisions are conducted a* would enable th*
president and the heads of department, to
detect waste, eliminate duplication, encour
age the Intelligent and effective civil servant*
whose efforts too often go ur.notieed, am]
secure 'he public service at the lowest pos
sible cost. ,
The committees on appropriation, of con
gress have diligently worked to reduce the
expenses of government and have found their
effort, often blocked by lack of accurate In
formation containing a proper analyst* of
requirements and of actual and reasonable
cost.. The result of thla Inquiry should en
able the executive In his communications to
congress to give Information to which con
gress Is entitled, and which will enable It to
promote economy. -s
I have requested th* head of eaoh de
partment to appoint committee* on economy
and efficiency ln order to secure full co
operation ln the movement by the employes
of the government themselves.
I urge the contlnuan-* of the appropria
tion of $100,000 requested for the fiscal year
1912.
My experi.no. leads me to bellev* that
while government method, are much criti
cised, the bad result*—lf we do have bad
results—are not due to a lack of seal or
willingness on the part of the civil servants.
On the contrary, I believe that a fin*
spirit of willingness to work exists j In th.
personnel, which If properly encouraged will
produce results equal to those secured In the
best managed private enterprise.. In hand
ling government expenditure the aim Is not
profit—th. aim I. th. maximum public ser
vice at the minimum of cost. We wish to
reduce the expenditures of the government,
and we wish to enable the government to go
-Into some of the beneficial project* allien
we are debarred from taking up now because
we ought not to Increase our expenditures.
Civil Service Retirement
It I. Impossible to proceed far ln stnh art
Investigation without perceiving the need ■ i
eliminating from the service the superacnu
ated. This can be done In one of two ways,
either by straight civil pension or by soma
form of contributory pension and the experi
ence of England and other countries with
pension plans, and says:
"The simplest and moat Independent solu
tion of the problem for both employe and th*
government Is a compulsory savings - arrange
ment, the employe to set aside from his sal
ary a sum Blfflcient with th. help of a lib
eral amount of interest from the government
(Continued on Page Eight)
5