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The Columbia University Libraries reserve the right to refuse to accept a copying order if, in its judgement, fulfillment of the order would involve violation of the copyright law. Author U.S. President, 1901-1909 (Roosevelt) Title: Message of the President of the United States,,. Place: Washington Date: 1908 ? D.C ^^'S?ooH'^ MASTER NEGATIVE « COLUMBIA UNIVERSITY LIBRARJfc PRESERVATION DIVISION BIBLIOGRAPHIC MICROFORM TARGET ORIGINAL MATERIAL AS FILMED • EXISTING BIBLIOGRAPHIC RECORD Presiient. 1901-1909 (Roosevelt) 3^c.f** Mes8ap,e of th;e President C3f the United States communicated to the? two houses cf Confess at the be Firming! of th.e second aer^sion of the eixtieth Congress* Washington, Govt, Drirt* off,, 1, P^A, 44 p. plates*. 24 en. w RESTRICTIONS ON USE; TECHNICAL MICROFORM DATA FILM SIZE: REDUCTION RATIO; l^H IMAGE PLACEMENT: lA HA IB IIB DATE FILMED; % I -^^ INITIALS: Si TRACKING # ; A) ^ hi nr^o < ■) FILMED BY PRESERVATION RESOURCES. BETHLEHEM. 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It is well to keep in mind that exactly as the anarchist is the worst enemy of liberty and the reactionar}- the worst enemy of order, so the men who de- fend the rights of property have most to fear from the wrongdoers of great wealth, and the men who are championing popular rights have most to fear from the demagogues who in the name of popular rights would do wrong to and oppress honest business men, honest men of wealth; for the success of either type of wrongdoer neces- sarily invites a violent reaction against the cause the wrongdoer nominally upholds. In point of danger to the Nation there is nothing to choose between on the one hand the corruptionist, the bribe-giver, the bribe-taker, the man who employs his great talent to swindle his fellow-citizens on a large scale, and, on the other hand, the preacher of class hatred, the man who, whether from ignorance or from willingness to sacrifice his country to his am- bition, persuades well-meaning but wrong-headed men to try to destroy the instruments upon which our prosperity mainly rests. Let each group of men beware of and guard against the shortcom- ings to which that group is itself most liable. Too often we see the business community in a spirit of unhealthy class consciousness deplore the effort to hold to account under the law the wealthy men who in their management of great corporations, w^hether rail- roads, street railways, or other industrial enterprises, have behaved in a way that revolts the conscience of the plain, decent people. Such an attitude can not be condemned too severely, for men of property should recognize that they jeopardize the rights of prop- erty when they fail heartily to join in the effort to do away with the abuses of wealth. On the other hand, those who advocate proper control on behalf of the public, through the State, of these great corporations, and of the wealth engaged on a giant scale in busi- ness operations, must ever keep in mind that unless they do scrupu- lous justice to the corporation, unless they permit ample profit, and cordially encourage capable men of business so long as they act with honesty, they are striking at the root of our national wellbeing; for in the long run, under the mere pressure of material distress, the people as a whole would probably go back to the reign of an unre- stricted individualism rather than submit to a control by the State so drastic and so foolish, conceived in a spirit of such unreasonable and narrow hostility to wealth, as to prevent business operations from being profitable, and therefore to bring ruin upon the entire business community, and ultimately upon the entire body of citizens. The opposition to Government control of these great corporations makes its most effective effort in the shape of an appeal to the old doctrine of States* rights. Of course there are many sincere men who now believe in unrestricted individualism in business, just as there were formerly many sincere men who believed in slavery- — that is, in the unrestricted right of an indi\ddual to own another indi- vidual. These men do not by themselves have great weight, how- ever. The effective fight against adequate Government control and supervision of individual, and especially of corporate, wealth engaged in interstate business is chiefly done under cover; and especially under cover of an appeal to States' rights. It is not at all infre- quent to read in the same speech a denunciation of predatory wealth fostered by special privilege and defiant of both the pub- lic welfare and law of the land, and a denunciation of centralization in the Central Government of the power to deal with this centralized and organized wealth. Of course the policy set forth in such twin denunciations amounts to absolutely nothing, for the first half is nullified by the second half. The chief reason, among the many sound and compelling reasons, that led to the formation of the National Government, was the absolute need that the Union, and not the several States, should deal with interstate and foreign com- merce; and the power to deal with interstate commerce was granted absolutely and plenarily to the Central Government and was exer- cised completely as regards the only instruments" of interstate commerce known in those days— the waten\'ays, the highroads, as well as the partnerships of individuals who then conducted all of what business there was. Interstate commerce is now chiefly conducted by railroads; and the great corporation has supplanted the mass of small partnerships or individuals. The proposal to make the National Government supreme over, and therefore to give it complete control over, the railroads and other instruments of inter- state commerce is merely a proposal to carry out to the letter one of the prime purposes, if not the prime purpose, for which the Consti- tution was founded. It does not represent centralization. It repre- sents merely the acknowledgment of the patent fact that centrali- zation has already come in business. If this irresponsible outside business power is to be controlled in the interest of the general public it can only be controlled in one way; by giving^ adequate power of control to the one sovereignty capable of exercising such power— the National Government. Forty or fifty separate state governments can not exercise that power over corporations doing business in most or all of them; first, because they absolutely lack the authority to deal with interstate business in any form; and second, because of the inevitable conflict of authority sure to arise in the effort to enforce different kinds of state regulation, often inconsistent with one another and sometimes oppressive in themselves. Such divided authority can not regulate commerce with wisdom and effect. The Central Government is the only power which, without oppression, can nevertheless thoroughly and adequately control and supervise the large corporations. To abandon the effort for National con- trol means to abandon the effort for all adequate control and yet I, to render likely continual bursts of action by State legislatures, which can not achieve the purpose sought for, but which can do a great deal of damage to the corporation without conferring any real benefit on the public. I believe that the more farsighted corporations are themselves coming to recognize the unwisdom of the violent hostility they have displayed during the last few years to regulation and control by the National Government of combinations engaged in interstate business. The truth is that we who believe in this movement of asserting and exercising a genuine control, in the public interest, over these great corporations have to contend against two sets of enemies, who, though nominally opposed to one another, are really allies in preventing a proper solution of the problem. There are, first, the big corporation men, and the extreme individualists among business men, who genuinely believe in utterly unregulated busi- ness — that is, in the reign of plutocracy; and, second, the men who, being blind to the economic movements of the day, believe in a movement of repression rather than of regulation of corporations, and who denounce both the power of the railroads and the exercise of the Federal power which alone can really control the railroads. Those who believe in efficient national control, on the other hand, do not in the least object to combinations; do not in the least object to concentration in business administration. On the contrary, they favor both, with the all important proviso that there shall be such publicity about their workings, and such thoroughgoing control over them, as to insure their being in the interest, and not against the interest, of the general public. We do not object to the concentration of wealth and administration ; but we do believe in the distribution of the wealth in profits to the real owners, and in securing to the public the full benefit of the concentrated admin- istration. We believe that with concentration in administration there can come both the advantage of a larger ownership and of a [more equitable distribution of profits, and at the same time a better service to the commonwealth. We believe that the administration should be for the benefit of the many ; and that greed and rascality, practiced on a large scale, should be punished as relentlessly as if practiced on a small scale. We do not for a moment believe that the problem will be solved by any short and easy method. The solution will come only by pressing various concurrent remedies. Some of these remedies must lie outside the domain of all government. Some must lie outside the domain of the Federal Government. But there is legislation I f\ 8 which the Federal Government alone can enact and which is abso- lutely vital in order to secure the attainment of our purpose. IVIany laws are needed. There should be regulation by the National Gov- ernment of the great interstate corporations, including a simple method of account keeping, publicity, supervision of the issue of securities, abolition of rebates and of special privileges. There should be short time franchises for all corporations engaged in public business; including the corporations which get power from water rights. There should be National as well as State guardianship of\iines and forests. The labor legislation hereinafter referred to should concurrently be enacted into law. To accomplish this, means of course a certain increase in the use of not the creation of — power, by the Central Government. The power already exists; it does not have to be created; the only ques- tion is whether it shall be used or left idle— and meanwhile the corporations over which the power ought to be exercised will not remain idle. Let those who object to this increase in the use of the only power available, the national power, be frank, and admit openly that they propose to abandon any effort to control the great business corporations and to exercise super\4sion over the accumulation and distribution of wcallli; fur such supervision and control can only come through this particular kin«l of increase of power. We no more believe in that empiricism which demands absolutely unrestrained individualism than we do in that empiricism which clamors for a deadening socialism which would destroy all individual initiative and wonld rnin the country with a complete- ness that not even an unrestrained individualism itself could achieve. The danger to American democracy lies not in the least in the con- centration of administrative power in responsible and accountable hands. It lies in liavinq- the power insufficicnlU- concentrated, so that no one can be held responsible to the people for its use. Con- centrated power is palpable, visible, responsible, easily reached, quickly held to account. Power scattered thron,o;h many adminis- trators, many legislators, many men who work behind and through legislators and administrators, is impalpable, is iniscen, is irrespon- sible, can not be reached, can not be held to account. Democracy is in peril wherever the administration of political power is scattered amono- a variety of men wdio work in secret, whose \ery names are unknown to the common people. It is not in peril from an\- man who derives authority from the people, who exercises it in sight of the people, and who is from time to time compelled to give an account of its exercise to the people. |.vl There are many matters affecting labor and the status of the wage- worker to which I should like to draw your attention, but an exhaust- ive discussion of the problem in all its aspects Labor. is not now necessary. This administration is nearing its end; and, moreover, under our form of government the solution of the problem depends upon the action of the States as much as upon the action of the Nation. Nevertheless, there are certain considerations which I wish to set before you, because I hope that our people will more and more keep them in m.ind. A blind and ignorant resistance to ever>^ effort for the reform of abuses and for the readjustment of society to modern industrial conditions represents not true conserv- atism but an incitement to the wildest radicalism; for wise radical- ism and wise conservatism go hand in hand, one bent on progress, the other bent on seeing that no change is made unless in the right direction. I believe in a steady effort, or perhaps it would be more accurate to say in steady efforts in man}- different directions, to bring about a condition of affairs under which the men who w^ork with hand or witli brain, the laborers, the superintendents, the men who produce for the market and the men wdio find a market for the arti- cles produced, shall own a far greater share than at present of the wealth they produce, and be enabled to invest it in the tools and instruments by which all Avork is carried on. As far as possible I hope to see a frank recognition of the advantages conferred by machinery, organization, and division of labor, accompanied by an effort to bring about a larger share in the ownership b}' wage- worker of railway, mill, and factory. In farming, this simply means that we wish to see the farmer own his own land; we do not wish to see the farms so large that they become the prop- erty of absentee landlords who farm them by tenants, nor yet so small that the farmer becomes like a European peasant. Again, the depositors in our savings banks now number over one-tenth of our entire population. These are all capitalists, who through the savings banks loan their money to the workers — that is, in man\' cases to themselves — to carry on their various industries. The more we increase their number, the more we introduce the principles of cooperation into our industry. Every increase in the number of small stockholders in corporations is a good thing, for the same reasons; and where the employees are the stockholders the result is particularly good. Very nuich of this movement must be outside of anything that can be accomplished by legislation; but legislation can do a good deal. Postal savings banks will make it ^ 1 I ill lO h \\ :i- ;» easy for the poorest to keep their savings in absohite safety. The reo-nlation of the national hij2:hways nuist be snch that thev shall serve all people with eqnal jnstice. Corporate finances ninst be supervised so as to make it far safer than at present for the man of small means to invest his money in stocks. There nuist be pro- hibition of child labor, diminution of woman labor, shortening- of hours of all mechanical labor; stock watering- should be prohib- ited, and stock gambling so far as is possible discouraged. There should be a progressive inheritance tax on large fortunes. Indus- trial education should be encouraged. As far as possible we should lighten the burden of taxation on the small man. We should put a premium upon thrift, hard work, and business energ}-; but these qualities cease to be the main factors in accumulating a fortune long before that fortune reaches a point where it would be seriously affected by any inheritance tax such as I propose. It is eminently right that the Nation should fix the terms upon which the great fortunes are inherited. They rarely do good and the>' often do harm to those who inherit them in their entirety. The above is the merest sketch, hardly even a sketch in outline, of the reforms for which we should work. But there is one matter with which the Congress should deal at this scs- Protection for •'^ic»n. There should no longer be an\- paltering Wageworkers. ^vith the question of taking care of the wage- workers who, under our present industrial system, become killed, crippled, or worn out as part of the regular incidents of a given business. The majority of wageworkers must ha\ e their rights secured for them by State action; but the National Govern- ment should legislate in thoroughgoing and far-reaching fasliion not only for all employees of the National Government, but for cdl persons engaged in interstate commerce. The object sought for could be achieved to a measurable degree, as far as those killed or crippled are concerned, by proper employers' liability laws. As far as concerns those who have been worn out, I call >our attention to the fact that definite steps toward providing old-age pensions have been taken in many of our private industries. These maybe indefi- nitely extended through \'oluntary association and contributory schemes, or through the agency of savings l)anks, as under the recent IMassachusetts plan. To strengthen these practical measures should be our immediate duty; it is not at present necessary to consider the larger and more general governmental schemes that most European governments have found themselves obliged to adopt. II Our present system, or rather no S3'stem, works dreadful wrong, and is of benefit to only one class of people — the lawyers. When a workman is injured what he needs is not an expensive and doubtful lawsuit, but the certainty of relief through immediate administrative action. The number of accidents which result in the death or crip- pling of wageworkers, in the Union at large, is simply appalling; in a very few years it runs up a total far in excess of the aggregate of the dead and wounded in any modern war. No academic theory about "freedom of contract" or ''constitutional libertv to contract" should be permitted to interfere wdth this and similar movements. Progress in civilization has everywhere meant a limitation and reg- ulation of contract. I call your especial attention to the bulletin of the Bureau of Labor which gives a statement of the methods of treating the unemployed in European countries, as this is a subject which in Germany, for instance, is treated in connection w^ith mak- ing provision for worn out and crippled workmen. Pending a thoroughgoing investigation and action there is certain legislation which should be enacted at once. The law, passed at the last session of the Congress, granting compensation to certain classes of employees of the Government, should be extended to include all employees of the Government and should be made more liberal in its terms. There is no good ground for the distinction made in the law between those engaged in hazardous occupations and those not so engaged. If a man is injured or killed in any line of work, it was hazardous in his case. Whether i per cent or lo per cent of those following a given occupation actually suffer injury or death ought not to have any bearing on the question of their receiving compensation. It is a grim logic wdiich says to an injured employee or to the dependents of one killed that he or they are entitled to no compensation because very few people other than he have been injured or killed in that occupation. Perhaps one of the most striking omissions in the law is that it does not embrace peace officers and others whose lives may be sacrificed in enforcing the laws of the United States. The terms of the act providing com- pensation should be made more liberal than in the present act. A year's compensation is not adequate for a wage-earner's family in the event of his death by accident in the course of his employment. And in the event of death occurring, say, ten or eleven months after the accident, the family would only receive as compensation the equiva- lent of one or two months' earnings. In this respect the generosity of the United States towards its employees compares most unfavorably with that of every country in Europe — even the poorest. r' 'M !H 13 i ♦ 'If V ■1) 12 The terms of the act are also a hardship in prohibiting payment in cases where the accident is in anv wav dne to the neofliircnce of the employee. It is inevitable that daily familiarity with danger will lead men to take chances that can be constrned into ne^ criminals whom it is most desirable to punish. These long delays in the final decisions of cases make in the aggregate a crying evil; and a remedy should be devised. Much of this intolerable delay is due to improper regard paid to technicalities which are a mere hindrance to justice. In some noted recent cases this over-regard for technicalities has resulted in a striking denial of justice, and flagrant wTong to the body politic. At the last election certain leaders of organized labor made a vio- lent and sweeping attack upon the entire judiciary of the country, an attack couched in such terms as to include the most upright, honest and broad-minded judges, no less than those of narrower mind and more restricted outlook. It was the kind of attack admir- ably fitted to prevent any successful attempt to reform abuses of the judiciary, because it gave the champions of the imjust judge their eagerly desired opportunity to shift their ground into a champion- ship of just judges who were unjustly assailed. Last year, before the House Committee on the Judiciary, these same labor leaders formulated their demands, specifying the bill that contained them, refusing all compromise, stating they wished the principle of that bill or nothing. They insisted on a provision that in a labor dis- pute no injunction should issue except to protect a property right, and specifically provided that the right to carry on business should not be construed as a property right; and in a second provision a n ' n .•'fj u (1 * V 1) 14 their bill made legal in a labor dispute any act or agreement by or between two or more persons that would not have been unlaw- ful if done bv a single person. In other words, this bill legalized blacklisting and boycotting in every form, legalizing, for instance, those forms of the secondary bo>-cott which the anthracite coal strike commission so unreservedly condemned; while the right to carry on a business was explicitly taken out from under that pro- tection which the law throws over property. The demand was made that there should be trial by jury in contempt cases, thereby most seriously impairing the authority of the courts. All this rep- resented a course of policy which, if carried out, would mean the enthronement of class privilege in its crudest and most brutal form, and the destruction of one of the most essential functions of the judiciar}^ in all civilized lands. The violence of the crusade for this legislation, and its complete failure, ilhistrate two truths which it is essential our people should learn. In the first place, they ought to teach the workingman, the laborer, the wageworker, that by demanding what is improper and impossible he plays into the hands of his foes. Such a crude and vicious attack upon the courts, even if it were temporarily suc- cessful, would inevitably in the end cause a violent reaction and would band the great mass of citizens together, forcing them to stand by all the judges, competent and incompetent alike, rather than to see the wheels of justice stopped. A movement of this kind can ultimately result in nothing but damage to those in whose behalf it is nominally undertaken. This is a most healthy truth, which it is wise for all our people to learn. Any movement based on that class hatred which at times assumes the name of " class consciousness" is certain ultimately to fail, and if it temporarily succeeds, to do far-reaching damage. "Class consciousness," where it is merely another name for the odious vice of class selfishness, is equally noxious whether in an employer\s association or in a work- ingman's association. The movement in question was one in which the appeal was made to all workingmen to vote primarih', not as American citizens, but as individuals of a certain class in society. Such an appeal in the first place revolts the more high-minded and far-sighted among the persons to whom it is addressed, and in the second place tends to arouse a strong antagonism among all other classes of citizens, whom it therefore tends to unite against the ver>^ organization on whose behalf it is issued. The result is there- fore unfortunate from every standpoint. This healthy truth, by the way, will be learned by the socialists if they ever succeed in estab- 15 lishing in this country an important national party based on such class consciousness and selfish class interest. The wageworkers, the workingmen, the laboring men of the country by the way in which they repudiated the effort to get them to cast their votes in response to an appeal to class hatred, have emphasized their sound patriotism and Americanism. The w^hole country has cause to feel pride in this attitude of sturdy independ- ence, in this uncompromising insistence upon acting simply as good citizens, as good Americans, without regard to fancied — and improper — class interests. Such an attitude is an object-lesson in good citizenship to the entire nation. But the extreme reactionaries, the persons who blind themselves to the wrongs now and then committed by the courts on laboring men, should also think seriously as to w^hat such a movement as this portends. The judges who have shown themselves able and willing effectively to check the dishonest activity of the very rich man who w^orks iniquity by the mismanagement of corporations, who have shown themselves alert to do justice to the w^agew^orker, and sympathetic wnth the needs of the mass of our people, so that the dweller in the tenement houses, the man w'ho practices a dangerous trade, the man who is crushed by excessive hours of labor, feel that their needs are understood by the courts — these judges are the real bulwark of the courts ; these judges, the judges of the stamp of the President-elect, who have been fearless in opposing labor when it has gone wTong, but fearless also in holding to strict account corpora- tions that w^ork iniquity, and far-sighted in seeing that the working- man gets his rights, are the men of all others to w^hom w^e owe it that the appeal for such violent and mistaken legislation has fallen on deaf ears, that the agitation for its passage proved to be without substantial basis. The courts are jeoparded primarily by the action of these Fed- eral and State judges who show inability or unwillingness to put a stop to the wrongdoing of very rich men tnider modern industrial con- ditions, and inability or unwillingness to give relief to men of small means or wageworkers wdio are crushed down by these modern industrial conditions; who, in other words, fail to imderstand and apply the needed remedies for the new wTongs produced by the new and highly complex social and industrial civilization which has grown up in the last half century. The rapid changes in our social and industrial life which have attended this rapid growth have made it necessary' that, in applying to concrete cases the great rule of right laid down in our Constitu- tion, there should be a full understanding and appreciation of the si •4 K' 1^ H \ ) 1 1 1 i6 new conditions to which the rules are to be applied. \Miat wonld have been an infringement upon libert}- half a century ago may be the necessary safeguard of liberty to-day. What would have been an injury to property then may be necessary to the enjoyment of property now. Every judicial decision involves two terms — one, an interpretation of the law; the other, the tniderstanding of the facts to which it is to be applied. The great mass of our judicial officers are I believe alive to these changes of conditions which so materially aflect the performance of their judicial duties. Our judicial system is sound and effective at core, and it remains, and must ever be maintained, as the safeguard of those principles of liberty and justice which stand at the foundation of American institutions; for, as Burke finely said, when liberty and justice are separated, neither is safe. There are, however, some members of the judicial body who have lagged behind in their understanding of these great and vital changes in the body politic, whose minds have never been opened to the new applications of the old princi- ples made necessary by the new conditions. Judges of this stamp do lasting harm by their decisions, because they convince poor men in need of protection that the courts of the land are profoundly ignorant of and out of sympathy with their needs, and profoundly indifferent or hostile to any proposed remedy. To such men it seems a cruel mockery to have any court decide against them on the ground that it desires to preserve "liberty" in a purely technical form, by withholding liberty in any real and coustructive sense. It is desirable that the legislative body should possess, and wherever necessary exercise, the power to determine whether in a given case emplo}'ers and employees are not on an equal foot- ing, so that the necessities of the latter compel them to submit to such exactions as to hours and conditions of labor as unduly to tax their strength; and only mischief can result when such determina- tion is upset on the ground that there must be no " interference with the liberty to contract "—often a merely academic "liberty," the exercise of which is the negation of real liberty. There are certain decisions by various courts which have been exceedingly detrimental to the rights of wagcworkers. This is true of all the decisions that decide that men and women are, by the Constitution, "guaranteed their liberty" to contract to enter a dangerous occupation, or to work an undesirable or improper num- ber of hours, or to work in unhealthy surroundings; and therefore can not recover damages when maimed in that occupation and can not be forbidden to work what the legislature decides is an excessive 17 number of hours, or to carr}- on the work under conditions which the legislature decides to be unhealthy. The most dangerous occu- pations are often the poorest paid and those where the hours of work are longest; and in many cases those who go into them are driven by necessity so great that they have practically no alternative. Decisions such as those alluded to above nullify the legislative effort to protect the wage-workers who most need protection from those employers who take advantage of their grinding need. They halt or hamper the movement for securing better and more equitable conditions of labor. The talk about preserving to the miser}-- hunted beings who make contracts for 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 of 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 executive or legislative ofBcer. There is also, I think, ground for the belief that substantial injus- tice is often suffered by employees in consequence of the custom of courts issuing temporary injunctions without notice 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 widespread feeling that this system often works great injustice to wageworkers when their efforts to better their working condition result in industrial disputes. A tem- porary injunction procured ex parte may as a matter of fact have all the effect of a permanent injunction in causing disaster to the wage-workers' side in such a dispute. Organized labor is chafing under the unjust restraint which comes from repeated resort to this plan of procedure. Its discontent has been unwisely expressed, and often improperly 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 upholding the courts if the undoubtedly existing abuses could be provided against. Such proposals as those mentioned above as advocated by the extreme labor leaders, contain the vital error of being class legisla- tion of the most offensive kind, and even if enacted into law I believe that the law would rightly be held unconstitutional. Moreover, the labor people are themselves now beginning to invoke the use of the power of injunction. During the last ten years, and within my own knowledge, at least fifty injunctions have been obtained by lal)or unions in New York City alone, most of them being to pro- tect the union label (a "property right"), but some being obtained .'4 i8 1 !t for other reasons against employers. The power of injunction is a great eqnitablc remedy, which shonld on no acconnt be destroyed. Bnt safegnards should be erected against its abnse. I believe that some snch provisions as those I advocated a year ago for checking the abuse of the issuance of temporary injunctions should be adopted. In substance, provision should be made that no injunction or temporary restraining order issue otherwise than on notice, except wlierc irreparable injury would otherwise result; and in such case a hearing on the merits of the order should be had within a short fixed period, and, if not then continued after hearing, it should forthwith lapse. Decisions should 1)e rendered immedi- ately, and the chance of delay minimized in every way. Moreover, I believe that the procedure should be sharpU- defined, and 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 examine and investigate the same. The chief lawmakers in our countr\- may l)e, and often are, the judges, because they are the final seat of authority. Every time they interpret contract, property, vested rights, due process of law, liberty, they necessarily enact into law parts of a system of social i^liiloso- phy; and as such interpretation is fundamental, they give direction to all law-making. The decisions of the courts on economic and social questions depend upon their economic and social philosophy; and for the peaceful progress of our people during the twentieth centur\- we shall owe most to those judges who hold to a twentieth centurv economic and social philosophy and not to a long outgrown philosophy, which was itself the product of primitive economic con- ditions. Of course a judge's views on progressive social philosophy are entirelv second in importance to his possession of a high and fine character; which means the possession oi such elementary vir- tues as honesty, courage, and fairmindedness. The judge who owes his election to pandering to demagogic sentiments or class hatreds and prejudices, and the judge who owes either his election or his appointment to the money or the favor of a great corporation, are alike unworthy to sit on the bench, are alike traitors to the people; and no profundity of legal learning, or correctness of abstract con- viction on questions of public policy, can serve as an offset to such shortcomings. But it is also true that judges, like executives and legislators, should hold sound views on the questions of public policy which are of vital interest to the people. The legislators and executives are chosen to represent the people in enacting and administering the laws. The judges are not chosen 19 to represent the people in this sense. Their function is to interpret the laws. The legislators are responsible for the laws; the judges for the spirit in which they interpret and enforce the laws. We stand aloof from the reckless agitators who would make the judges mere pliant tools of popular prejudice and passion; and we stand aloof from those equally unwise partisans of reaction and privilege who deny tlie proposition that, inasmuch as judges are chosen to serve the interests of the whole people, they should stri\e to find out what those interests are, and, so far as they con- scientiously can, should strive to give effect to popular conviction when deliberately and duly expressed by the lawmaking body. The courts are to be highly commended and staunchly upheld 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 legitimate policy, when duly expressed by the legislature. Such lawfully expressed and deliberate judg- ment 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. Anything like frivolity or wantonness in upsetting such clearly taken governmental action is a grave offense against the Republic. To protest against t}Tanny, to pro- tect minorities from oppression, to nullify an act committed in a spasm of popular fury, is to render a ser\'ice to the Republic. But for the courts to arrogate to themselves functions which properly belong to the legislative bodies is all wrong, and 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 re2:>eal it, and not to have the courts by ingenious hair- splitting nullif)' it. A law may be unwise and improper; but it should not for these reasons be declared 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 capacity for orderly self restraint and self government. Under such a popular government as ours, founded on the theor}- that m 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 construction. For many of the shortcomings of justice in our countrv^ our peo- ple as a whole are themselves to blame, and the judges and juries 4 m ■V 11 tii lUl It '■fi ii^> ,'< I' '•»!, I "ill •■* • ' »? i 20 merely bear their share together with the public as a whole. It is discreditable to us as a people that there should be diflficulty in con- victing murderers, or in bringing to justice men who as public servants have been guilty of corruption, or who have profited by the corruption of public servants. The result is equally unfor- tunate, whether due to hairsplitting technicalities in the interpre- tation of law by judges, to sentimentality and class consciousness on the part of juries, or to hysteria and sensationalism in the daily press. For much of this failure of justice no responsibility whatever lies on rich men as such. We who make up the mass of the people can not .shift the responsibility from our own shoulders. But there is an important part of the failure 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 nnitualism, the interdependence of our time. Every new social relation begets a new type of wrongdoing — of sin, to use an old-fashioned word — and many years alw^ays elapse before society is able to turn this sin into crime which can be effectively punished at law. During the lifetime of the older men now alive the social relations have changed far more rapidl}tlian in the preceding two centuries. The immense growth of corporations, of business done by associations, and the extreme 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 not onh' shared this confusion, but by some of their acts have increased it, are certain judges. Marked inefficiency has been shown in dealing with corporations and in re-settling the proper attitude to be taken by the public not only towards corporations, Ijut towards la])or, and towards the social questions arising out of the factory system, and the enormous growth of our great cities. The huge wealth that has been accumulated by a few individ- uals of recent }-ears, in what has amounted to a social and indus- trial revolution, has been as regards some of these individuals made possible only by the improper use of the modern corporation. A certain type of modern corporation, with its officers and agents, its many issues of securities, and its constant consolidation with allied undertakings, fmally becomes an instrumeu.t so complex eis to contain a greater number of elements that, under various judicial decisions, lend themselves to fraud and oppression than any device yet evolved in the human brain. Corporations are necessary instruments of modern business. They have been permitted to ;^f 21 become a menace largely because the governmental representatives 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 leg- islature, or a judge. Every executive head who advises violent, instead of gradual, action, or who advocates ill-considered and sweep- ing measures of reform (especially if they are tainted with vindic- tiveness, 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 slovenly haste and lack of consideration. Moreover, they are often prepared, and still more frequently amended during passage, at the suggestion of the very parties against whom they are afterwards enforced. Our great clusters of corporations, huge trusts and fabulously wealthy multimillionaires, employ the very best lawyers they can obtain to pick flaws in these statutes after their passage; but they also employ a 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 and sweeping provisions against the interests of the parties inspiring them; while the demagogues, the corrupt creatures who intro- duce blackmailing schemes to '' strike" corporations, and all who demand extreme, and undesirably radical, measures, show themselves to be the worst enemies of the ver}' public whose loud-mouthed champions they profess to be. A ver>' striking illus- tration of the consequences of carelessness in the preparation of a statute w\as the employers' liability law of 1906. In the cases aris- ing under that law, four out of six courts of first instance held it unconstitutional; six out of nine justices 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 unconstitutional by a bare majority of the court — five to four. It was surely a very slovenly piece of work to frame the leg- islation in such shape as to leave the question open at all. Real damage has been done by the manifold and conflicting inter- pretations of the interstate commerce law\ Control over the great corporations doing 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 effective 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. ''111 1 I l\ t. H t; n H body, should be especially binding when we speak of them. On an average they stand above any other serA'ants of the community, 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 the fact that there are wise and unwise judges, just as there are wise and unwise executives and legislators. When a president or a governor behaves improperh' or unwisely, the remedy is easy, for his term is short; the same is true with the legislator, although not 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 fix his personal responsibility and hold him account- able therefor. With a judge, who, being human, is also likely to err, but wdiose tenure is for life, there is no similar way of holding him to responsibility. Under ordinary conditions the only forms of pressure to which he is in any way amenable arc, public opinion, and the action of his fellow judges. It is the last which is most ini- mediatelv effective, and 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 standpoint, that the remedy should come from within. In no other nation in the world do the courts wield such vast and far-reaching power as in the United States. All that is necessary is that the courts as a whole should exercise this power with the farsighted wisdom already shown by those judges who scan the future while they act in the present. Let 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, and yet break down the barriers of privilege, which is the foe of right. 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 are of course two kinds of natural y i 23 resources. One is the kind which can only be used as part of a process of exhaustion; this is true of mines, natural oil and gas wells, and the like. The other, and of course Forests. ultimately by far the most important, includes the resources which can be improved in the process of wise use ; the soil, the rivers, and the forests come under this head. Any really civilized nation will so use all of these three great national assets that the nation will have their benefit in the future. Just as a farmer, after all his life making his living from his farm, will, if he is an expert farmer, leave it as an asset of increased value to his son, so we should leave our national domain to our children, increased in value and not worn out. There are small sections of our own country, in the East and in the West, in the Adirondacks, the White Mountains, and the Appalachians, and in the Rocky ]\Iountains, where we can already see for ourselves the damage in the shape of permanent injury to the soil and the river systems which comes from reckless deforestation. It matters not whether this deforestation is due to the actual reckless cutting of timber, to the fires that inevitably follow such reckless cutting of timber, or to reckless and uncontrolled grazing, especially by the great migratory bands of sheep, the unchecked wandering of which over the countrv means destruction to forests and disaster to the small home makers, the settlers of limited means. 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 great 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 already crossed the verge of a timber fam- ine in this countr}^, and no measures that we now take can, at least for many years, undo the mischief that has already been done. But we can prevent further mischief being done; and it would be in the highest degree reprehensible to let any consideration of temporar}^ convenience or temporary cost interfere with such action, especially as regards the National Forests which the nation can 7iow^ at this very moment, control. All serious students of the question are aware of the great damage that has been done in the IMediterranean countries of Europe, Asia, and Africa by deforestation. The similar damage that has been done in Eastern Asia is less well known. A recent investigation into conditions in North China by IMr. Frank N. Meyef, of the Bureau of Plant Industry of the United States Department of Agriculture, m J ■il •v\ f ■' m 11 I ^ ' '{ 24 has incidentally furnished in vety 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 practically irreparable. So important are these investigations that I here- with attach as an appendix to my message certain photographs showing present conditions in China. They show in vivid fash- ion the appalling desolation, taking the shape of barren mountains and gravel- and sand-covered plains, which immediately follows and depends upon the deforestation of the mountains. Not many centuries 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 records, but from the accounts given by the traveler, IMarco Polo. He, for instance, mentions that in visiting the provinces of Shansi and Shensi he observed many plantations of mulberry trees. Now there is hardly a single mulberry tree in either of these provinces, and the culture of the silkworm has moved farther soutli, to regions of atmospheric moisture. As an illustration of the complete change in the rivers, we may take Polo's statement that a certain river, the Hun Ho, was so large and deep that merchants ascended it from the sea with heavily laden boats; today this river is simply a broad sandy bed, with shallow, rapid currents wandering hither and thither across it, absolutely unnavigable. But we do not have to depend upon written records. The dry wells, and the wells with water far below the former watermark, bear testimony to the good days of the past and the evil days of the present. Wher- ever the native vegetation has been allowed to remain, as, for instance, here and there around a sacred temple or imperial bur}'ing ground, there are still huge trees and tangled jungle, fragments of the glorious ancient forests. . The thick, matted forest growth form- erly covered the mountains to their summits. All natural factors favored this dense forest growth, and as long as it was permitted to exist, the plains at the foot of the mountains were among the most fertile on the globe, and the whole country was a garden. Not the slightest effort was made, however, to prevent the un- checked cutting of the trees, or to secure reforestation. Doubt- less for many centuries the tree-cutting by the inhabitants of the mountains worked but slowly in bringing about the changes that have now come to pass; doubtless for generations the inroads were scarcely noticeable. Ihit there came a time when the forest had shrunk sufficiently to make each year's cutting a serious matter, and from that time on the destruction proceeded with M mm » •mmmm ■^w«p«li 25 appalling rapidity; for of course each year of destruction ren- dered the forest less able to recuperate, less able to resist next year's inroad. Mr. ]\Ieyer describes the ceaseless progress of the destruction even now, when there is so little left to destroy. Every morning men and boys go out armed with mattox or axe, scale the steepest mountain sides, and cut down and grub out, root and branch, the small trees and shrubs still to be found. The big trees disappeared centuries ago, so that now one of these is never seen save in the neighborhood of temples, where they are artificially protected; and even here it takes all the watch and care of the tree-loving priests to prevent their destruction. Each family, each community, where there is no common care exercised in the interest of all of them to prevent deforestation, finds its profit in the immediate use of the fuel which would otherwise be used by some other family or some other community. In the total absence of regulation of the matter in the interest of the whole people, each small group is inevitably pushed into a policy of destruction which can not afford to take thought for the morrow. This is just one of those matters which it is fatal to leave to unsu- pervised individual control. The forests can only be protected by the State, by the Nation; and the liberty of action of individuals must be conditioned upon what the State or Nation determines to be necessary 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. Denudation leaves naked soil; then gullying cuts down to the bare rock; and meanwhile the rock-waste buries the bottomlands. When the soil is gone, men must go; and the process does not take long. This ruthless destruction of the forests 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 bringing ruin to the once rich central Asian cities; just as the destruction of the forests in northern Africa helped towards the ruin of a region that was a fertile granary in Roman days. Shortsighted man, whether bar- baric, semi-civilized, or what he mistakenly regards as fully civilized, when he has destroyed the forests, has rendered certain the ultimate destruction of the land itself. In northern China the mountains are now such as are shown by the accompanying photographs, absolutely barren peaks. Not only have the forests been de- stroyed, but because of their destruction the soil has been washed off the naked rock. The terrible consequence is that it is impos- t 0i\ r In *,'.: h\ iU\ .til ; 1 •If if r ''M »' I' I' I n «1 ■I 'I I I.' I i' kept wholly unmarred. I am happy to say that I have been able to set aside in various parts of the country small, well-chosen tracts of ground to serve as sanctuaries and nurseries for wild creatures. I had occasion in my message of ]\Iay 4, 1906, to urge the passage of some law putting alcohol, used in the arts, industries, and manufactures, upon the free list; that is, to pro- Denatured Alcohol, vide for the withdrawal free of tax of alcohol which is to be denatured for those purposes. The law of June 7, 1906, and its amendment of March 2, 1907, accom- plished what was desired in that respect, and the use of denatured alcohol, as intended, is making a fair degree of progress and is entitled to further encouragement and support from the Congress. The pure food legislation has already worked Pure Food. ^ benefit difficult to overestimate. It has been my purpose from the beginning of my administration to take the Indian Service completely out of the atmosphere of political activity, and there has been steady Indian Service. progress toward that end. The last remaining stronghold of politics in that ser\nce was the agency system, which had seen its best days and was gradually falling to pieces from natural or purely evolutionary causes, but, like all such survivals, was decaying slowly in its later stages. It seems clear that its extinction had better be made final now, so that the ground can be cleared for larger constructive work on behalf of the Indians, preparator>' to their induction into the full measure of responsible citizenship. On November i only eighteen agencies were left on the roster; with two exceptions, where some legal questions seemed to stand temporarily in the way, these have been changed to super- intendencies, and their heads brought into the classified civil service. Last year an amendment was incorporated in the measure pro- viding for the Secret Service, which provided that there should be no t 31 detail from the Secret Service and no transfer therefrom. It is not too much to say that this amendment has been of benefit only, and could be of benefit only, to the criminal classes. Secret Service. If deliberately introduced for the purpose of diminishing the effectiveness of war against crime it could not have been better devised to this end. It fo'rbade the practices that had been followed to a greater or less extent by the executive heads of various departments for twenty years. To these practices we owe the securing of the evidence which enabled us to drive great lotteries out of business and secure a quarter of a million of dollars in fines from their promoters. These practices have enabled us to discover some of the most outrageous frauds in connection with the theft of government land and government timber by great corporations and by individuals. These practices have enabled us to get some of the evidence indispensable in order to secure the conviction of the wealthiest and most formidable crimi- nals with whom the Government has to deal, both those operating in violation of the anti-trust law and others. The amendment in question was of benefit to no one excepting to these criminals, and it seriously hampers the Government in the detection of crime and the securing of justice. Moreover, it not only affects departments outside of the Treasury but it tends to hamper the Secretary of the Treasury himself in the effort to utilize the employees of his depart- ment so as to best meet the requirements of the public service. It forbids him from preventing frauds upon the customs service, from investigating irregularities in branch mints and assay offices,' and has seriously crippled him. It prevents the promotion of employees in the Secret Service, and this further discourages good effort. In its present form the restriction operates only to the advantage of the criminal, of the wrongdoer. The chief argument in favor of the provision was that the Congressmen did not them- selves wish to be investigated by Secret Ser\ace men. Very little of such investigation has been done in the past; but it is true that the work of the Secret Ser\^ice agents was partly responsible for the mdictment and conviction of a Senator and a Congressman for land frauds in Oregon. I do not believe that it is in the public interest to protect criminals in any branch of the public service, and exactly as we have again and again during the past seven years prosecuted and convicted such criminals who were in the executive branch of the Government, so in my belief we should be given ample means to prosecute them if found in the legislative branch. But if this is not considered desirable a special exception could be made 'ill II .(( ; f 1 /•M ,,'• 38 I H «' i I' i in the law prohibiting the nse of the vSecret Service force in investi- gating members of the Congress. It would be far better to do this than to do what actually was done, and strive to prevent or at least to hamper effective action against criminals by the executive branch of the Government. I again renew my recommendation for postal savings banks, for depositing savings with the security of the Government behind them. The object is to encourage thrift and Postal Savings Banks, economy in the wage-earner and person of mod- erate means. In fourteen States the deposits in savings banks as reported to the Comptroller of the Currency amount to $3,590,245,402, or 98.4 per cent of the entire deposits, while in the remaining 32 States there are only $70,308,543, or 1.6 per cent, showing conclusively that there are many localities in the United States where sufhcient opportunity is not given to the peo- ple to deposit their savings. The result is that money is kept in hiding and unemployed. It is believed that in the aggregate vast sums of money would be brought into circulation through the instru- mentality of the postal savings banks. While there are only 1,453 savings banks reporting to the Comptroller there are more than 61,000 post-ofHces, 40,000 of which are money order offices. Postal savings banks are now in operation in practically all the great civilized countries with the exception of the United States. In my last annual message I commended the Postmaster-General's recommendation for an extension of the parcel post on the rural routes. The establishment of a local parcel post Parcel Post. on rural routes would be to the mutual benefit of the farmer and the country storekeeper, and it is desirable that the routes, serving more than 15,000,000 people, should be utilized to the fullest practicable extent. An amendment was proposed in the Senate at the last session, at the suggestion of the Postmaster-General, providing that, for the purpose of ascertain- ing the practicability of establishing a special local parcel post sys- tem on the rural routes throughout the United States, the Postmaster- General be authorized and directed to experiment and report to the Congress the result of such experiment by establishing a special local parcel post system on rural delivery routes in not to exceed four counties in the United States for packages of f ourth-class matter origi- nating on a rural route or at the distributing post office for delivery by rural carriers. It would seem only proper that such an experiment should be tried in order to demonstrate the practicability of the proposition, especially as the Postmaster-General estimates that the 33 revenue derived from the operation of such a system on all the rural routes would amount to many million dollars. The share that the National Government should take in the broad work of education has not received the attention and the care it rightly deserves. The immediate responsibility Education. for the support and improvement of our educa- tional systems and institutions rests and should al\\^ys rest with the people of the several States acting through their state and local governments, but the Nation has an opportunfty in educational work which must not be lost and a duty which should no longer be neglected. The National Bureau of Education was established more than forty years ago. Its purpose is to collect and diffuse such informa- tion ''as shall aid the people of the United States in the establish- ment and maintenance of efficient school systems and otherwise promote the cause of education throughout the country." This purpose in no way conflicts with the educational work of the States, but may be made of great advantage to the States by giving them the fullest, most accurate, and hence the most helpful information and suggestion regarding the best educational systems. The Nation, through its broader field of activities, its wider opportunity for obtaining information from all the States and from foreign coun- tries, is able to do that which not even the richest States can do, and with the distinct additional advantage that the information thus obtained is used for the immediate benefit of all our people. With the limited means hitherto provided, the Bureau of Educa- tion has rendered efficient service, but the Congress has neglected to adequately supply the bureau with means to meet the educational growth of the country. The appropriations for the general work of the bureau, outside education in Alaska, for the year 1909 are but $87,500— an amount less than they were ten years ago, and some of the important items in these appropriations are less than they were thirty years ago. It is an inexcusable waste of public money to appropriate an amount which is so inadequate as to make it impos- sible properly to do the work authorized, and it is unfair to the great educational interests of the country to deprive them of the value of the results which can be obtained by proper appropriations. I earnestly recommend that this unfortunate state of affairs as regards the national educational office be remedied by adequate appropriations. This recommendation is urged by the representa- tives of our common schools and great state universities and the i > < )■ ■1. 34 /> i , ! 36 naturally tried to take all they could get, and the two legislatures have never been able to agree on joint action of any kind adequate in degree for the protection of the fisheries. At the moment the fishing on the Oregon side is practically closed, while there is no limit on the Washington side of any kind, and no one can tell what the courts will decide as to the very statutes under which this action and nonaction result. Meanwhile \'ery few salmon reach the spawn- ing grounds, and probably four years hence the fisheries will amount to nothing; and this comes from a struggle between the associated, or gill-net, fishermen on the one hand, and the owners of the fishing wheels up the river. The fisheries of the :\Iississippi, the Ohio, and the Potomac are also in a bad way. For this there is no remedy except for the United States to control and legislate for the interstate fisheries as part of the business of interstate commerce. In this case the machinery for scientific investigation and for con- trol already exists in the United States Bureau of Fisheries. In this as in similar problems the obvious and simple rule should be followed of having those matters which no particular State can manage taken in hand by the United States; problems, which in the seesaw^ of conflicting State legislatures are absolutely unsolvable, are easy enough for the Congress to control. The federal statute regulating interstate traffic in game should be extended to include fish. New federal fish Fisheries and hatcheries should be established. The adminis- Fur Seals. tration of the Alaskan fur-seal service should be vested in the Bureau of Fisheries. This Nation^s foreign policy is based on the theory that right must be done between nations precisely as between individuals, and in our actions for the last ten years we have in tliis Foreign Affairs. matter proven our faith by our deeds. We have behaved, and are behaving, towards other nations, as in private life an honorable man would behave towards his fellows. The commercial and material progress of the twenty Latin- American Republics is worthy of the careful attention of the Con- gress. No other section of the world has shown a greater proportionate development of its foreign trade during the last ten years and none other has more special claims on the interest of the It offers to-day probably larger opportunities for the legitimate expansion of our commerce than any other group of coun- tries. These countries wall want our products in greatly increased Latin- American Republics. United States. 37 quantities, and we shall correspondingly need theirs. The Interna- tional Bureau of the American Republics is doing a useful w'ork in making these nations and their resources better known to us, and in acquainting them not only wdth us as a people and with our pur- poses towards them, but with what we have to exchange for their goods. It is an international institution supported by all the gov- ernments of the two Americas. The w^ork on the Panama Canal is being done wuth a speed, effi- ciency and entire devotion to duty, which make it a model for all work of the kind. No task of such magnitude Panama Canal. has ever before been undertaken by any nation; and no task of the kind has ever been better per- formed. The men on the Isthmus, from Colonel Goethals and his fellow commissioners through the entire list of employees who are faithfully doing their duty, have won their right to the ungrudging respect and gratitude of the American people. I again recommend the extension of the ocean mail act of 1891 so that satisfactory American ocean mail lines to South America, Asia, the Philippines, and Australasia may be established. Ocean Mail Lines. The creation of such steamship lines should be the natural corollary of the voyage of the battle fleet. It should precede the opening of the Panama Canal. Even under favorable conditions several years must elapse before such lines can be put into operation. Accordingly I urge that the Con- gress act promptly where foresight already shows that action sooner or later will be inevitable. I call particular attention to the Territory of Hawaii. The im- portance of those islands is apparent, and the need of improving their condition and developing their resources is Hawaii. urgent. In recent years industrial conditions upon the islands have radically changed. The importation of coolie labor has practically ceased, and there is now developing such a diversity in agricultural products as to make pos- sible a change in the land conditions of the Territory, so that an opportunity may be given to the small land owner similar to that on the mainland. To aid these changes, the National Government must provide the necessary harbor improvements on each island, so that the agricultural products can be carried to the markets of the world. The coastwise shipping laws should be amended to meet the special needs of the islands, and the alien contract labor law should be so modified in its application to Haw^aii as to enable American and European labor to be brought thither. tl 4 38 ■ i ,) 1 . ; \ HI We have begun to improve Pearl Harbor for a naval base and to provide the necessary military fortifications for the protection of the islands, but I can not too strongly emphasize the need of appropri- ations for these purposes of such an amount as will within the shortest possible time make those islands practically impregnable. It is useless to develop the industrial conditions of the islands and estab- lish there bases of supply for our naval and merchant fleets unless we insure, as far as human ingenuity can, their safety from foreign seizure. One thing to be remembered with all our fortifications is that it is almost useless to make them impregnable from the sea if they are left open to land attack. This is true even of our own coast, but it is doubly true of our insular possessions. In Hawaii, for instance, it is worse than useless to establish a naval station unless we establish it behind fortifications so strong that no landing force can take them save by regular and long-continued siege operations. Real progress toward self-government is being made in the Phil- ippine Islands. The gathering of a Philippine legislative body and Philippine assembl}' marks a process abso- The Philippines. lutely new in Asia, not only as regards Asiatic colonies of European powers but as regards Asiatic possessions of other Asiatic powers; and, indeed, always excepting the striking and wonderful example afforded by the great Empire of Japan, it opens an entirely new departure when compared with anything which has happened among Asiatic powers which are their own masters. Hitherto this Philippine legislature has acted with moderation and self-restraint, and has seemed in practical fashion to realize the eternal truth that there nnist always be government, and that the onh- way in which any body of individuals can escape the necessity of being governed by outsiders is to show that they are able to restrain themselves, to keep dowm wrongdoing and disorder. The Filipino people, through their ofiicials, are therefore making real steps in the direction of self-gov- ernment. I hope and believe that these steps mark the beginning of a course which will continue till the Filipinos become fit to decide for themselves whether the\' desire to be an independent nation. But it is well for them (and well also for those Americans who during the past decade have done so much damage to the F'^ili- pinos by agitation for an innnediate independence for which tliey were totally unfit) to remember that self-government depends, and must depend, upon the Filipinos themselves. x\ll we can do is to give them the opportunity to develop the capacity for self- .1* V 39 government. If we had followed the advice of the foolish doc- trinaires who wished us at any time during the last ten years to turn the Filipino people adrift, we should have shirked the plainest possible duty and have inflicted a lasting wrong upon the Filipino people. We have acted in exactly the opposite spirit. We have given the Filipinos constitutional government; a gov- ernment based upon justice; and we have shown that we have governed tliem for their good and not for our aggrandizement. At the present time, as during the past ten years, the inexorable logic of facts shows that this government must be supplied by us and not by them. We must be wise and generous; w^e must help the Fili- pinos to master the difficult art of self-control, which is simply another name for self-government. But we can not give them self- government save in the sense of governing them so that gradually they may, if they are able, learn to govern themselves. Under the present system of just laws and sympathetic administration, we have ever>' reason to believe that they are gradually acquiring the character which lies at the basis of self-government, and for which, if it be lacking, no system of laws, no paper constitution, will in any wise serve as a substitute. Our people in the Philippines have achieved what may legitimately be called a marvelous success in giving to them a government which marks on the part of those in authority both the necessary understanding of the people and the necessar}^ purpose to serve them disinterestedly and in good faith. I trust that within a generation the time will arrive when the Phil- ippines can decide for themselves whether it is well for them to become independent, or to continue under the protection of a strong and disinterested power, able to guarantee to the islands order at home and protection from foreign invasion. But no one can prophesy the exact date when it will be wise to consider inde- pendence as a fixed and definite policy. It would be worse than folly to try to set down such a date in advance, for it must depend upon the way in which the Philippine people themselves develop the power of self-mastery. I again recommend that American citizenship be conferred upon the people of Porto Rico. In Cuba our occupancy will cease in about two months' time ; the Cubans have in orderly manner elected their own governmental authorities, and the island will be turned o\'er to them. Our occupation on this occasion has lasted a little over two years, and Cuba has thriven and prospered under it. Our earnest hope and one desire is that the people of the Porto Rico. Cuba. f I H If iff 4 \m il ^1 ;i! ' K^: Ml ' I 40 island shall now g-overn themselves with justice, so that peace and order may be secure. We will gladly help them to this end ; but I would solemnly warn them to remember the g^rcat truth that the only way a people can permanently a\-oid being governed from without is to show that they both can and will govern themselves from within. The Japanese Government has postponed until 191 7 the date of the great international exposition, the action being- taken so as to insure ami)le time in which to prepare to make Japanese Exposition, the exposition all that it should be made. The American commissioners have visited Japan and the postponement will merely give ampler opportunity for America to be represented at the exposition. Not since the first interna- tional exposition has there been one of greater importance than this will be, marking as it does the fiftieth anniversary of the ascension to the throne of the Emperor of Japan. The extraordi- nary leap to a foremost place among the nations of the world made by Japan during this half century is something unparalleled in all previous history. This exposition will fitly commemorate and signalize the giant progress that has been achieved. It is the first exposition of its kind that has ever been held in Asia. The United States, because of the ancient friendship between the two peoples, because each of us fronts on the Pacific, and because of the growing commercial relations between this country and Asia, takes a peculiar interest in seeing the exposition made a success in every way. I take this opportunity publicly to state my appreciation of the way in which in Japan, in Australia, in New Zealand, and in all the States of South America, the battle fleet has been received on its practice voyage around the world. The American Government can not too strongly express its appreciation of the abounding and gen- erous hospital it}- shown our ships in every port they visited. As regards the Army I call attention to the fact that while our junior officers and enlisted men stand very high, the present system of promotion by seniority results in bringing into The Amiy. the higher grades many men of mediocre capacity who have but a short time to serve. No man should regard it as liis vested right to rise to the highest rank in the Army any more than in any other profession. It is a curious and by no means creditable fact that there should be so often a failure on the part of the public and its represenutives to under- • 41 stand the great need, from the standpoint of the ser\nce and the Nation, of refusing to promote respectable, elderly incompetents. The higher places should be given to the most deser\^ing men with- out regard to seniority; at least seniority should be treated as only one consideration. In the stress of modern industrial competition no business firm could succeed if those responsible for its manage- ment were chosen simply on the ground that they were the oldest people in its employment; yet this is the course advocated as regards the Army, and required by law for all grades except those of general officer. As a matter of fact, all of the best ofiScers in the highest ranks of the Army are those who have attained their present position wholly or in part by a process of selection. The scope of retiring boards should be extended so that they could consider general unfitness to command for any cause, in order to secure a far more rigid enforcement than at present in the elimi- nation of officers for mental, physical or temperamental disabilities. But this plan is recommended only if the Congress does not see fit to provide what in my judgment is far better; that is, for selection in promotion, and for elimination for age. Officers who fail to attain a certain rank by a certain age should be retired — for instance, if a man should not attain field rank by the time he is 45 he should of course be placed on the retired list. General officers should be selected as at present, and one-third of the other promotions should be made by selection, the selection to be made by the President or the Secretary of War from a list of at least two candidates proposed for each vacancy by a board of officers from the arm of the ser\'ice from which the promotion is to be made. A bill is now before the Congress having for its object to secure the promotion of officers to various grades at reasonable ages through a process of selection, by boards of officers, of the least efficient for retirement with a per- centage of their pay depending upon length of service. The bill, although not accomplishing all that should be done, is a long step in the right direction; and I earnestly recommend its passage, or that of a more completely effective measure. The cavalry arm should be reorganized upon modern lines. This is an arm in which it is peculiarly necessary that the field officers should not be old. The cavalry is much more difficult to form than infantry, and it should be kept up to the maximum both in efficiency and in strength, for it can not be made in a hurr>\ At present both infantry and artiller}' are too few in number for our needs. Especial attention should be paid to development of the machine gun. A I II xi f \'!i\ :'• •r J. It V W\ 42 general service corps should be established. As things are now the average soldier has far too iiiiich labor of a nomnilitary character to perform. Now that the organized militia, the National Guard, has been incorporated with the Army as a part of the national forces, it behooves the Governnicnt to do every reasonable National Guard. thing in its power to perfect its efficiency. It should be assisted in its instruction and otherwise aided more liberally than heretofore. The continuous services of many well-trained regular officers will be essential in this connec- tion. Such officers must be specially trained at service schools best to qualify them as instructors of the National Guard. But the detailing of officers for training at the service schools and for duty with the National Guard entails detachiui: them from their re^-i- ments which are already greatly depleted by detachment of officers for assignment to duties prescribed by acts of the Congress. A bill is now pending before the Congress creating a number of extra officers in the Army, which if passed, as it ought to be, will enable more officers to be trained as instructors of National Guard and assigned to that duty. In case of war it will be of the utmost importance to have a large number of trained officers to use for turning raw levies into good troops. There should be legislation to provide a complete plan for organ- izing the great body of volunteers behind the Regular Army and National Guard when war has come. Congressional assistance should be given those who are endeavoring to promote rifle practice so that our men, in the services or out of them, may know how to use the rifle. While teams representing the United States won the rifle and revolver championships of the world against all comers in England this }-ear, it is unfortunately true that the great bod>' of our citizens shoot less and less as time goes on. To meet this we should encourao-e rifle practice among schoolboys, and indeed among all classes, as well as in the military services, by every means in our power. Thus, and not otherwise, may we be able to assist in preserving the peace of the world. Fit to hold our own against the strong nations of the earth, our voice for peace will carry to the ends of the earth. Unprepared, and therefore unfit, we must sit dumb and helpless to defend ourselves, protect others, or preserve peace. The first step — in the direction of preparation to avert war if possible, and to be fit for war if it should come — is to teach our men to shoot. I appro\-e the recommendations of the General Board for the increase of the Navy, calling especial attention to the need of addi- 43 tional destroyers and colliers, and above all, of the four battle- ships. It is desirable to complete as soon as possible a squadron of eight battleships of the best existing type. The Navy. The Nor//i Dakota, Delaware, Florida, and Utah will form the first division of this squadron. The four vessels proposed will form the second division. It will be an improvement on the first, the ships being of the heavy, single caliber, all big gun type. All the vessels should have the same tactical qualities, that is, speed and turning circle, and as near as possible these tactical qualities should be the same as is in the four vessels before named now being built. I most earnestly recommend that the General Board be by law turned into a General Staff. There is literally no excuse whatever for continuing the present bureau organization of the Navy. The Navy should be treated as a purely military organization, and every- thing should be subordinated to the one object of securing military efficiency. Such military efficiency can only be guaranteed in time of war if there is the most thorough previous preparation in time of peace— a preparation, I may add, which will in all probability prevent any need of war. The Secretary must be supreme, and he should have as his official advisers a body of line officers who should them- selves have the power to pass upon and coordinate all the work and all the proposals of the several bureaus. A system of promotion by merit, either by selection or by exclusion, or by both processes, should be introduced. It is out of the question, if the present prin- ciple of promotion by mere seniority is kept, to expect to get the best results from the higher officers. Our men come too old, and stay for too short a time, in the high command positions. Two hospital ships should be provided. The actual experience of the hospital ship with the fleet in the Pacific has shown the invaluable work which such a ship does, and has also proved that it is well to have it kept under the command of a medical officer. As was to be expected, all of the anticipations of trouble from such a command have proved completely baseless. It is as absurd to put a hospital ship under a line officer as it would be to put a hospital on shore under such a command. This ought to have been realized before, and there is no excuse for failure to realize it now. Nothing better for the Navy from ever}- standpoint has ever occurred than the cruise of the battle fleet around the world. The improvement of the ships in every way has been extraordi- nary, and they have gained far more experience in battle tactics than they would have gained if they had stayed in the Atlantic ! m i ^ n-, waters. The American people have cause for profound grati- fication, both in view of the excellent condition of tlie fleet as shown by this cruise, and in view of the improvement the cruise has worked in this already liigh condition. I do not believe that there is any other service in the world in which the averao^e of character and efficiencv in th.e enlisted men is as hii:h as is now the case in our own. I believe that the same statement can be made as to our officers, taken as a whole; but there must be a reservation made in regard to those in the highest ranks — as to which I have already spoken — and in regard to those who have just entered the service; because we do not now get full benefit from our excellent naval school at Annapolis. It is absurd not to grad- uate the midslii]5men as ensigns; to keep them for two }-ears in such an anomalous position as at present the law requires is detrimental to them and to the service. In the academy itself, every first classman should be required in turn to ser\-e as petty officer and officer; his ability to discharge his duties as such should be a pre- requisite to his going into the line, and his success in commanding should largely determine his standing at graduation. The Board of Visitors should be appointed in January, and each member should be required to give at least six days' service, only from one to three days' to be performed during June w^eek, which is the least desirable time for the board to be at Annapolis so far as benefiting the Navy by their observations is concerned. THEODORE ROOSEVELT The White House, Tuesday^ December cs C _j j: o q: c/2 5^ rt rt o ^ ^ i >. u. *- C-I! I- = c CO rt C O Co -.5 LU .Si E O U'T 2 • ^ 4 f C o > cT . £ ^ >> I— I cu _ 7; 3 — '£ c ^ ^ >■ c c " 5 M . 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Z. o c > s \- Lll I -r o .= o 5 5e X c>^ O -* o 2 ;;E • c C (A C o C 5i c ? ■^ c i'f i \ •/. D - ■■'■ o - i o -•- LU - „ I- . c "Z u _ _ k- X — I- < = c o - c ^- x:; ~ '-f: IDfti I'' ' h It w NO. 9 —CARAVAN PASSING THROUGH A VALLtY WHERE FORMERLY PROSPEROUS PEASANTS USED TO LIVE, WHEN THE MOUNTAINS WERE STILL FORESTED. Locality: Near the Wu-t'ai-shan. vShan-si. China. The floods have carried destruction all over the land, and its aspect is like a stony desert April 14, 1907 ^**'jts« .> -.# i.* V * ^ ^^ , ^%' NO 10. — A PEBBLY RIVER BED iN SOUTH MANCHURIA. I-OCALITy: Near Fong huang shcng. South Manchuria. The formerly big stream has dried up, on account of the climate having become more arid, since the destruction of the forests on the mountain sides. Only some scrub wood is left, which will disappear within the next 40 or ."if* years. June 27, 1906. !• 7 i 1 I •'11 NO. 9— CARAVAN PASSING THROUGH A VALLEY WHERE FORMERLY PROSPEROUS PEASANTS USED TO LIVE, WHEN THE MOUNTAINS WERE STILL FORESTED. Locality: W-ar tlic AVu-tai-sluin Sliaii-si. China. TIic Hoods ha\ «.■ carrit-d destruction all ovir till- land, and its aspect is like a ston\ m.. 4 *t.' '- §t^^ ^ ^ P .1 P- r <«.. \ * At" ■'.l ,# 1^ '*^^ » ''*.' ,y'»'>>^ /J * ^i*%H»~ '*>- M X r ^ # NO 10. — A PEBBLY RIVER BED iN SOUTH MANCHURIA. Locality- Near Touk liuanjz slienK, South Manchuria. The formerly big stream lias dried up. on account of the climate liavinj.; become more arid, since the destruction of the forests on the mountain sides. Only some scrub wood is left, which will disappear within the next 40 or .">