By 1908, the fire prevention work of the Forest Service had become so successful that eighty-six percent of the fires that did occur were held down to an area of five acres or less, and the timber sales, which yielded $60,000 in 1905, in 1908 produced $850,000. In the same year, in addition to the work of the National Forests, the responsibility for the proper handling of Indian timberlands was laid upon the Forest Service, where it remained with great benefit to the Indians until it was withdrawn, as a part of the attack on the Conservation policy made after I left office.
By March 4, 1909, nearly half a million acres of agricultural land in the National Forests had been opened to settlement under the Act of June 11, 1906. The business management of the Forest Service became so excellent, thanks to the remarkable executive capacity of the Associate Forester, Overton W. Price (removed after I left office), that it was declared by a well-known firm of business organizers to compare favorably with the best managed of the great private corporations, an opinion which was confirmed by the report of a Congressional investigation, and by the report of the Presidential Committee on Department method. The area of the National Forests had increased from 43 to 194 million acres; the force from about 500 to more than 3,000. There was saved for public use in the National Forests more Government timberland during the seven and a half years prior to March 4, 1909, than during all previous and succeeding years put together.
The idea that the Executive is the steward of the public welfare was first formulated and given practical effect in the Forest Service by its law officer, George Woodruff. The laws were often insufficient, and it became well-nigh impossible to get them amended in the public interest when once the representatives of privilege in Congress grasped the fact that I would sign no amendment that contained anything not in the public interest. It was necessary to use what law was already in existence, and then further to supplement it by Executive action. The practice of examining every claim to public land before passing it into private ownership offers a good example of the policy in question. This practice, which has since become general, was first applied in the National Forests. Enormous areas of valuable public timberland were thereby saved from fraudulent acquisition; more than 250,000 acres were thus saved in a single case.
This theory of stewardship in the interest of the public was well illustrated by the establishment of a waterpower policy. Until the Forest Service changed the plan, waterpowers on the navigable streams, on the public domain, and in the National Forests were given away for nothing, and substantially without question, to whoever asked for them. At last, under the principle that public property should be paid for and should not be permanently granted away when such permanent grant is avoidable, the Forest Service established the policy of regulating the use of power in the National Forests in the public interest and making a charge for value received. This was the beginning of the waterpower policy now substantially accepted by the public, and doubtless soon to be enacted into law. But there was at the outset violent opposition to it on the part of the waterpower companies, and such representatives of their views in Congress as Messrs. Tawney and Bede.
Many bills were introduced in Congress aimed, in one way or another, at relieving the power companies of control and payment. When these bills reached me I refused to sign them; and the injury to the public interest which would follow their passage was brought sharply to public attention in my message of February 26, 1908. The bills made no further progress.
Under the same principle of stewardship, railroads and other corporations, which applied for and were given rights in the National Forests, were regulated in the use of those rights. In short, the public resources in charge of the Forest Service were handled frankly and openly for the public welfare under the clear-cut and clearly set forth principle that the public rights come first and private interest second.
The natural result of this new attitude was the assertion in every form by the representatives of special interests that the Forest Service was exceeding its legal powers and thwarting the intention of Congress. Suits were begun wherever the chance arose. It is worth recording that, in spite of the novelty and complexity of the legal questions it had to face, no court of last resort has ever decided against the Forest Service. This statement includes two unanimous decisions by the Supreme Court of the United States (U.S. v. Grimaud, 220 U.S. 506, and Light v. U.S., 220 U.S. 523).
In its administration of the National Forests,
