Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction and of anarchy.
There can be no need, however, to multiply arguments or examples on this head. A feeble Executive implies a feeble execution of government. A feeble execution is but another phrase for a bad execution, and a government ill-executed, whatever it may be in theory, must be, in practice, a bad government.
Thus the Executive must be held responsible for much that is done in connection with the administration of our laws. Congress enacts the laws; they may be faulty; if so, they may be amended. If they are faulty, it is the duty of the Executive to carry them into effect, but to recommend their amendment, alteration, or repeal; but under no circumstances is he fulfilling his duty if he sits supinely by and allows the public domain to be despoiled because the law is not as efficient as he thinks it should be. (Applause)
Much has been said in recent years regarding Executive usurpations. It has been held by those who objected to the new order of things—those who objected to that change in methods by which the public frauds were stopped—that the Executive was usurping powers not granted to him under the Constitution. Now, if it be usurpation to so enforce the law as to prevent dishonesty, fraud, and theft, then there has been usurpation (applause). But I as yet have failed to have presented to me a single instance of actual usurpation. The Executive is as much subject to the courts of the United States as is the ordinary citizen. If the Executive has transcended his power, if he has in his execution of law gone beyond what someone thinks is his power, then the Executive can be haled into court; and over and over again I have said to complainants who came to me when I was in office "All you have to do is to go into the courts of the United States, and if the Executive power that is being exercised is improperly exercised, there in that jurisdiction you can bring us to account." But no one has yet seen fit to bring such an action; and the reason is that there has been no usurpation of executive authority. (Applause)
There is a wide difference between simply being within the law and executing the law. A man may be within the law and yet do absolutely nothing to further the spirit of the law; like an engineer, he is on the track whether he is standing still, going backward, or going forward; but I take it that what we want in executive office is an engineer who stays on the track yet is constantly driving forward the engine (applause). We may rest assured that those who are seeking to acquire the public domain will not be idle if the Executive is standing still. (Applause)
That brings me again to a subject mentioned a moment ago, namely the relation of the Nation to the States; and the Executive here plays an important part. An example will show how the executives of both the Nation and the States should cooperate in working out any given problem: A great water course is a natural entity; the water-shed must be considered as a unit—otherwise the people within that water-shed will not have equal justice done them in their right to the water. For example, the waters of the Rio Grande rise in Colorado; they cross the line into New Mexico; they then become the dividing line between Mexico and Texas. If we admit for a moment that the power to use and control all the water of the Rio Grande shall be left solely with Colorado because it rises in the great mountains of that State, then we instantly jeopardize the rights of all the people who live south of the Colorado line (applause). If the Chief Executive of the Federal Government had feared to exercise his power to prevent water-power sites and reservoir sites in Colorado from being taken exclusively by Colorado people; if he had been unwilling to exercise the power granted him by the Constitution, then the people below would have had just cause for complaint that the Executive instead of obeying the law was in effect a party to a violation of law in jeopardizing their rights. The only way in which that matter could properly be handled was for the Executive of the Federal Government to withdraw certain lands from sale or entry; and by so doing he made it possible for the people of New Mexico and Texas, and of the Republic of Mexico in conformity with the treaty made by the Federal Government, to have their fair share and just proportion of the use of that water.
The best way to deal with conflicting water rights between States is for the Federal Government to continue to hold every acre of public land capable of use in water development pending agreement with the various States as to how the lands shall be used, to the end that the rights of all the people of each water-shed, rather than the special interests of a few, shall be protected in the use and disposition of that great resource. (Applause)
What I have said in relation to water applies equally to the development of our coal, our phosphates, and our timber. The phosphates recently discovered in the West lie in four States. When the matter was first called to my attention by the report of the Geological Survey and the special report of Dr Van Hise, I was astonished to learn the conditions then existing in our country. Practically all of the mineral phosphates known in the United States were held by one great corporation, and over 40 percent of the products of the Southern mines were being shipped abroad to be used on the fields of Europe; and the same men were already endeavoring to get hold of the phosphate deposits in the West. Therefore I instantly made a recommendation to the President, and he instantly acted on it and withdrew the phosphate lands (applause). Now that withdrawal was not an interference with the rights of the people of any of those four States, nor was it an act of usurpation, or an improper extension of Executive authority. It simply meant this: that we would hold, prevent the acquisition of those lands under laws not adapted to them, report the matter to Congress, and hold the lands until Congress provided a method for wise disposition of them (applause). And my recommendation was that the phosphate deposits of the country should be disposed of only under lease and with such conditions as would prevent export to foreign lands (applause). We need every ton of our phosphates for our own use. (Applause)
So, if you trace the actions of the Executive and of Congress in dealing with the public domain, you will find that wherever there has been a vigorous execution of law coupled with recommendation of further legislation looking to the welfare of all of our people, there we have made advance along lines that will promote the development of our country in future years; and that wherever there has been laxity in the enforcement of law, wherever we have allowed the interference of big business interests to interrupt the enforcement of law as it should be enforced, land frauds there have crept in and in those conditions we have found the big interests getting control of more than their fair share of the resources of the public domain.
Sometimes we have been accused of being unfair to the big interests. We have been accused of assailing these interests simply because they were big; and we have been charged with raising ghosts to frighten the people, and naming those ghosts water-power trusts, timber trusts, land trusts, or coal trusts, when in reality there was no danger of trust development or of monopolistic holding of these resources. And yet, my friends, if you trace back the history of the acquisition of the public domain you will find that in every instance where there has been a failure to strictly enforce the laws the special interests have slipped in and have gained control of the resources of the public domain. They have never been idle. We ourselves have been indifferent, we have been negligent; and it is not for us now altogether to blame the beneficiaries of our neglect, but we must blame ourselves—and must blame our representatives in office now if by any chance they permit a return to the old conditions. (Applause)
The power of the Executive and of Congress is ample to do all that is necessary to protect the public welfare and the common good. There must be no backsliding in what has already been so splendidly started. We must see to it that our representatives, both in the Senate and in the House, are men who will take a long look into the future—men with imagination. Men with enthusiasm? Yes! Nothing great has ever been accomplished without enthusiasm and without imagination (applause). And we want practical men who will lead us, as I said in the beginning, step by step, to better things. Thus and thus only will the Federal Government exercise to the full the powers granted under the Constitution, and thus and thus only will the people of this country safeguard their property rights, their personal and their political rights as well, and hand down the great heritage that has come to us not only unimpaired but in better condition than we received it. (Great and prolonged applause)