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felt by the Danes when he first reached taking up only one particular aspect of the civilization at a Danish port and coolly ac- question, formed, so far as we know, the cepted honors which were conferred with first attempt on this side of the Atlantic out sufficient evidence and which involved to submit Dr. Cook's narrative in that some committal of the Danish uthorities aspect to anything like scientific analysis to his side of the controversy. The fun and criticism. As we write Dr. Cook's damental justification of the distrust which whereabouts remain unknown, and no has been felt all along in this country by word has come from him in reply to the many scientific observers and students of findings of the University of Copenhagen. the laws of evidence has been that, to put It is now too late for him to attempt any deit squarely, Dr. Cook has not acted as fense by personal assertion, nothing but abwould have acted a man of honor whose solute and conclusive proof will serve; and claims had been disputed and who knew it is all but incredible that, if such proof that they were just. Such a man would exists, it should not have been presented have turned every effort and applied every already. It is safe to say that this frauduminute to the task of getting his case lent attempt to foist upon the world a tale clearly and strongly before a body of ex- of Arctic accomplishment will go down in perts whose decision would be accepted the history as one of those strange impostures world over. Dr. Cook, on the contrary, has like that of Ireland, the forger of a play carried on a long series of evasions and attributed to Shakespeare, of George Psaldelays, and has apparently put his main manazar (who falsely pretended to be a efforts into making money by lectures native of Formosa and wrote an elaborate and through publication. In this way he description of that island, which he had gained, some say thirty thousand dol- never even visited), or of the Count de lars, some say one hundred thousand Rougemont, who a few years ago fooled dollars. Finally, when patience was all scientific England with his vividly invented but exhausted, he presented to a foreign lies about the Great Barrier Reef of Auscourt of inquiry a lame and even ridicu- tralia. But these men's falsehoods inlous case.

The mere fact that he did not jured no one personally ; Cook’s fabricaoffer to appear in person before the court tion, if such it be, was an attempt to rob he had himself selected, in order that he of his just meed of honor a man who had might answer inquiries, is most significant. devoted a large part of his life to the

great adventure of Polar discovery.




The Outlook has from the
first advised its readers not

Public scrutiny of those to form a final conclusion

men who are appointed to on this matter until the evidence was all the Supreme Bench is the only instrument in and passed upon. It has, however, as which the people can use for influencing a reporter of important news events, nar- the character of that Court. While the rated from week to week the various com- appointment of Horace Harmon Lurton ments upon Dr. Cook's story, and only was still only a matter of surmise, public two weeks ago it summarized in a few discussion of his qualification for the post lines some six or eight important accusa- began, and it continued even to the date tions against Dr. Cook, with the comment of his confirmation by the Senate last that if he were so unfortunate a man as week. What sort of judge has Judge to have all these varied accusations by Lurton been ? Has he been simply different people unjustly made, the only learned in statutes, decisions, and tradipossibility of reinstatement in the confi- tions, or has he been learned in those dence of the people was to appear with matters of human life apart from which evidence before an impartial "American the profcundest legal principles are but scientific body, present his proof, and sub- mental abstractions ? Is his view of the mit to questioning. We may point out law mechanical or vital ? It is with this sort with some satisfaction also that Mr. Ken- of questions that the ordinary lay Amerinan's articles in The Outlook entitled can is concerned. One answer is easily “ Arctic Work and Arctic Food,” while made. President Taft was a judge who

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had a vital view of the law, and he thinks by a defect in a car which did not belong
well enough of Judge Lurton to select to the railway on which he was working
him, first of all, to sit on the Supreme but which was running on its line. Judge
Benchos President Taft, moreover, ought Lurton held that the railway's responsi-
to know Judge Lurton. For eight years bility extended to the duty of properly in-
Judge Taft and Judge Lurton specting all the cars which ran on its lines.

the bench in the same circuit, and One criticism which has been directed
together reviewed the decisions that against Judge Lurton ought to be noted-
came up from district judges. If Presi- that he is sixty-five years old.

If this is a dent Taft does not know, not only Judge defect, it is one which Judge Lurton him Lurton's legal ability, but also his tem- self can, unfortunately, not repair. The perament and inclination as a judge, it real significance of this criticism lies in the would hardly seem possible for any one fact that most men at sixty-five are inelse to do so. Another answer might be clined to look backward, not forward, and found in Judge Lurton's decisions in the are governed by unchangeable opinions. many cases concerned with the trust It is hardly fair, however, to assume that problem. Of these perhaps the most im- Judge Lurton is not young in mind and portant is known as the Addystone Pipe heart. It is much better to have a man

The opinion in this case was writ- ripe in years and yet elastic in mind in the
ten, by Judge Taft. Judge, Lurton con- Supreme Court than to have there a man
curred in this opinion, and the decision of who, however young in years, is mentally

the court was confirmed by the United rigid. Judge Lurton is a native of Ken-
States Supreme Court. This was the tucky, and for sixteen years he has been
first case practically to show that the a judge on the Sixth United States Circuit,
Anti-Trust Law was effective. Another with headquarters in Tennessee.
great case was that of the Continental
Wall Paper Company, in which the court
decided that the illegality of a combination

As we anticipated, the
made it impossible for it to enforce the

Secretary of the Interior payment of money due to it under agree

has demanded a Congresments involved in the illegal combination. sional investigation of the charges preIn this decision Judge Lurton concurred. ferred against him and his department by It is interesting to note that Judge Peck- “Collier's Weekly” and Representative ham, whose place Judge Lurton is taking, Hitchcock. It is announced, apparently was one of the dissenting judges when the by authority, that this investigation will be Supreme Court confirmed this decision. granted by the Senate, presumably to be It is clear, therefore, that in the matter begun immediately after the holidays. of trust decisions Judge Lurton has up- That there should be such an investigation held those laws.which give power to the in justice not less to the Secretary of the Federal Government. Further answer Interior than to the public we have almight be had from decisions in other ready affirmed. It should be conducted cases, particularly those in which the by Congress because Congress has power question of employer's liability is raised. to summon witnesses and compel attendSome criticism has been directed against ance. It should be conducted in the open, Judge Lurton on the ground that he has not in secret ; or, if that is for any reanot recognized the actual conditions of life son impracticable, not only the results but which put the employee in a very different the evidence should be made public at the. position with relation to his employer earliest possible date. It should be confrom that which he held in the earlier days ducted by the Senate rather than by the when the traditions of the law were being House, and by a Standing Committee formed. However this may be, it is clear rather than by any committee especially from more than one decision of Judge appointed, because, whether justly or not, Lurton that he recognizes certain elements the Speaker of the House is popularly of corporate responsibility to employees believed to be determinedly opposed to the that other judges have overlooked. For Administration's policy of conserving the example, in the case of a brakeman killed National resources for the Nation's benefit,




b d ne

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last dge oply adinose hich but


sort merieasily who

and because any special committee would which the title would remain in the Governbe more or less liable to newspaper suspicion

ment under proper regulation and super

vision by the Secretary of the Interior, or of being selected to thwart rather than

through the sale of the deposits with restricto promote that policy. We repeat what tions on their mining and use which would we have heretofore said, that while there control the minimum output and conserve is a real difference between Mr. Pinchot the deposits as a public utility under similar

regulations. As regards the future disposiand Mr. Ballinger, partly in method, partly

tion of coal lands, I am impressed with the temperamental, and while there is not that

belief that the most advantageous method cordial co-operation between their Depart- will be found in a measure authorizing the ments that there should be, we believe

sale of the coal deposits in the lands, sub

ject to forfeiture for failure to exercise the that the so-called Ballinger-Pinchot contro

rights granted under such reasonable regulaversy is to a considerable extent the cre- tions as may be imposed. ation of journalistic imagination ; and that Mr. Dennett, the present Land Commisboth men are sincerely desirous of pre- sioner, says that President Roosevelt's serving the Nation's wealth for the Nation's Message at the beginning of the first benefit. It may be that this so-called con

session of the Sixtieth Congress indorsed troversy may prove beneficial rather than

this. Mr. Dennett's quotation from that injurious ; for the great peril to National Message, however, indicates Mr. Rooseconservation is public apathy, and the

velt's willingness to adopt either of two newspaper reports, while greatly exagger- plans, but a preference for the first and ating the matter, have concentrated public against the second, thus differing from attention on the subject as nothing else, Mr. Ballinger. Mr. Roosevelt's view was probably, could have done so effectively. expressed as follows: The public will now have a right to demand

In my judgment, the Government should that “ Collier's Weekly” and Representa- have the right to keep the fee of the coal, tive Hitchcock either make good their oil, and gas fields in its own possession and charges before the Senate committee to lease the rights to develop them under when appointed, or withdraw them ; and

proper regulations; or else, if the Congress

will not adopt this method, the coal deposits it will also have a right to expect that the should be sold under limitations to conserve committee will ascertain how much truth them as public utilities, the right to mine there is in the current reports that the

coal being separated from the title to the

soil. Land Office and the Bureau of Forestry are not co-operating, and, if there is any

The Outlook prefers the first of these

alternatives. It believes, with Mr. Roosetruth, will either diplomatically bring about a better co-operation or fix the blame for

velt and as against Mr. Ballinger, that a the failure where it belongs.

method of leasing is better than a method of sale. The latter should be adopted

only if Congress will not adopt the first. To the great satisfaction and relief of

In his annual report Mr. all friends of the con

Dennett, Land Commissioner, servation of our natural resources, a bill

indorses, as does Secretary was introduced last week in the House Ballinger, the policy of the Roosevelt of Representatives to

Administration regarding the conservation resource—coal. The bill aims to separate of our natural resources—lands, foresti', surface rights from mineral deposits on

waters, minerals. Its prosecution by the our public lands. As was appropriate, Taft Administration, however, according

. it was introduced by Mr. Mondell, Chair- to Mr. Dennett, must be carried on, so man of the Public Lands Committee. far as the Executive branch of the GovWhen Secretary Ballinger, of the Depart- ernment is concerned, within the powers ment of the Interior, was Land Commis- delegated to it by Congress. For insioner, he declared that

stance, he says : The object to be attained ... is to con- The Executive officer clothed with the serve the coal deposits as a public utility administration of the public land law can act and to prevent monopoly and extortion in only pursuant to the laws enacted by their distribution. This may be accom- Congress. He cannot legislate nor can plished either through a leasing system by he substitute his judgment for that of Con

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t should the coal, sion and Em under Congress deposits conserve to mine e to the


gress. To prevent fraud and in aid of pro- widen individual opportunity and increase
posed legislation ... he may temporarily sus- National as well as individual efficiency.
pend from disposition portions of the public Each policy is founded upon the proposition
domain, but he cannot manently declare that the public welfare is of higher impor-
reservations except where authorized by tance than private interest, and that, in case

of conflict, public welfare must control.
In his address at Milwaukee the other day This conclusion actuated the Roosevelt
(his first important speech since leaving and doubtless actuates the Taft Adminis-
office) another view of the Executive's duty tration. As to the Executive’s exercise
was expressed by the Hon. James R. Gar- of his function, however, The Outlook
field, Secretary of the Interior in the Roose- believes with Mr. Garfield that a broad,
velt Administration. He thus correctly not a narrow, construction of discretion
outlined the principle which governed that is the one in harmony with the spirit of
Administration :

our time.
The Executive is a trustee of the property,
rights, and interests of the public. The

Last week President
people properly consider the Executive as
their particular advocate, their special repre-

Taft sent to the Senate sentative. His stewardship carries with it

the names of three apgrave responsibilities and affords splendid pointees as Ambassadors, eleven as Minopportunities to serve the people well. President Roosevelt accepted both responsibili: of Embassy or Legation. The appointees

isters, and a large number as Secretaries ties and opportunities. The work for conservation was possible because he was con- were promptly confirmed. First on the list stantly looking out for the public interest, was the name of the Hon. Robert Bacon, and was willing to take action for the public of New York, as Ambassador to France; welfare unless there was some prohibition under the Constitution or in law to prevent

an admirable appointment. At a time when such action.

the question of our tariff relations with But, as Mr. Garfield concludes, the fight France is pressing we are sending thither for conservation is now in the halls of

a representative who, as former member Congress :

of the firm of J. P. Morgan & Co. and The present Administration has

later as Assistant Secretary and Secretary ommended and outlined the legislation i' of State, has had valuable experience in deems necessary to carry out most effect- business and in diplomacy. Personally a ively the work and policy. It now rests

singularly winsome man and with a charwith our representatives in Senate and House to do their share in fulfilling the

acter of rare fidelity and conscientiousness, pledge given our people that our vital Mr. Bacon may be depended on to repeat natural resources shall be conserved and the successes of his immediate predecesused for the benefit of all the people of this and future generations.

as Ambassador, General Horace

It is not an easy task to obtain legislation which is

Porter and Mr. Henry White. So adopposed by great vested interests. We mirable was the last named in this and may be sure that all the men and corpora- other positions that the announcement of tions who have in years gone acquired a change in our representation at Paris ownership or control of land, timber, coal, oil, phosphates, and water, free from regulation

came as a surprise which was turned into or condition and without just compensation a disappointment. when it was disclosed to the public, will not voluntarily acquiesce that Mr. White was not to be promoted in the proposed changes. There is no danger

to London, but was to be retired from a that the rights and demands of such interests will be neglected; the danger is that the

service in which he had shown remarkpublic interest may be forgotten.

able efficiency for a quarter of a century. As Mr. Garfield was Commissioner of

Mr. White and Mr. Bacon represent Corporations, and later Secretary of the thoroughly simplicity, straightforwardInterior, he is in a good position to judge ness, sincerity, breadth of vision, and

, , when he says that the fight for regulation grasp of detail

. If Mr. Bacon's appointof the use of natural resources is of the ment is good, that of Mr. Richard C. same character as that for control of Kerens, of Missouri, as Ambassador to corporations, but that it is even more vital Austria is doubtful. We have not been to the permanency of our Nation : happy in some of our recent representa


of these · Rooser, that a

method adopted e first.


ort Mr. issioner, ecretary oosevelt ervation forest:',

by the ccording Ion, so he Gov

powers For in

tions to the Court of Vienna, perhaps Both questions are ethical and social as well as industrial and political. . . . Both

the most exclusive court in Europe. To

with the V can act cted by nor can of Con

it we now send a man who is without amount of influence to be exercised. diplomatic training or experience. Mr. This is apparently confirmed by the transKerens was born in Ireland ; served in ference of so important a diplomat as Mr. the Union army throughout the Civil War; John B. Jackson, of New Jersey, to Cuba. afterwards became a railway contractor Mr. Jackson entered the service as Second and political boss of the Mark Hanna Secretary to our Legation at Berlin, and type. He has been the Missouri member before it was raised to an Embassy was of the Republican National Committee. made First Secretary. In 1902 he was He has been three times a candidate for appointed Minister to Greece, his duties the United States Senate. He is known being later extended to include Rumania, for his great contributions to campaign Bulgaria, and Servia. Two years ago he befunds. So far from barring appointments came Minister to Persia. The post of Minto office, this latter fact was too much in ister to Cuba is thus heightened in imporevidence as a

reason for appointment. tance, as is fitting when one considers the We have been flattering ourselves that we Cuban situation. Other interesting aphad outgrown the spoils system. Almost pointments are those of ex-Governor Henry all of Mr. Taft's other selections seem to T. Gage, of California, a man without diplohave been taken with an eye single to matic experience, to be Minister to Portumerit, but the appointment of Mr. Kerens gal, and of Mr. Charles W. Russell, now looks very much like a reward for political Assistent Attorney-General, but with exservices and as the easiest way out of a perience gained on several semi-diplomatic quarrel among Missouri politicians. If missions, to be Minister to Persia. Other so, the friends of Civil Service Reform men who have had diplomatic experience have cause for chagrin.

are Mr. Laurits S. Swenson, of Minnesota, Minister to Denmark from 1897 to

1905, to be Minister to Switzerland, and The third ambassadorial Mr. Horace C. Knowles, of Delaware, appointment is that of the transferred from Nicaragua to Santo

Hon. Henry Lane Wilson, Domingo. Noteworthy secretarial proof the State of Washington, now Minister motions are those of Mr. Peter Augustus to Belgium, to be Ambassador to Mexico. Jay, Secretary of the Tokyo Embassy, to Twelve years ago Mr. Wilson was made be Agent and Consul-General at Cairo; Minister to Chili, from which post he went Mr. George Post Wheeler, Second Secreto Belgium. His continued promotion is tary of the Embassy, to be Secretary of the therefore in line with the policy of Secre- Embassy at St. Petersburg; and Mr. Lewis taries Hay, Root, and Knox in advancing Einstein, the accomplished writer, formerly our diplomatic representatives whenever Secretary of the Constantinople Embassy, possible. The same may be said of the to the very important position of Secrepromotion of Mr. Charles Page Bryan tary of the Peking Legation. These and from Portugal to Belgium, filling Mr. the many other transfers of secretaries are Wilson's place; of Mr. Henry P. Fletcher, emphatically in line with President Taft's of Pennsylvania, our efficient First Secre- admirable Executive order on which we tary at Peking, to be Minister to Chili ; commented editorially last week. of Mr. Reynolds Hitt, Secretary at Berlin, to be Minister to Panama ; and of Mr. Fenton McCreery, of Michigan, Minister

Virtually everybody to Santo Domingo, to be Minister to Hon

rubber, and duras. The other ministerial changes call

· almost everybody for individual comment. That of Mr. uses cocoa in some form.

Few people, William James Calhoun, of Illinois, to be however, know what price has been paid Minister (and presumably in a short time for these products. We do not mean Ambassador) to China has already been price in money, but price in human sufchronicled in these columns. Mr. Edwin fering, despair, and death.

Of course Vernon Morgan, Minister to Cuba, is made not all the rubber or cocoa that is used in Minister to Paraguay—hardly a promotion, America is obtained at such cost ; but one would think, in view of the relative some of both products is. Moreover, the






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