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The President's developing such inland navigation as What Waterways Mean

latest Message may appear to confer a benefit commento Transportation to Congress, surate with the cost.

In his Message read to that body last week, is on the transmitting the report to Congress the subject of inland waterways. High- President says that the cost will be large, ways, railways, waterways—these are the but far less than would be required to three means of inland transportation. relieve traffic congestion by railway Highway development began with the extension. settling of our country and has continued ever since. Railway development began

As President

What Waterways Mean with the invention of the locomotive and

Roosevelt re

to Health and Agriculture has continued at a prodigious rate; our

marks, our country stands first among the nations in river systems are better adapted to the railway mileage, and yet railways now needs of the people than those of any form all but a small percentage of our in- other country.

“ In extent, distribution, land transportation facilities. Waterway navigability, and ease of use, they stand development, however, begun before the first. Yet the rivers of no other civilized invention of the locomotive, and contin- country are so poorly developed, so little uing to a marked efficiency, was checked used, or play so small a part in the indusby the natural growth and legitimate trial life of the Nation as those of the competition attending railway extension, United States.” Now every waterway with its quicker service, more convenient should be made to serve the people in as terminals, and absorption of all the best many different ways as possible. We water frontage, and also, later, by dis- have not yet realized how many are these criminating tariffs and rebates and by ways. First of all, a waterway is valuthe acquisition of competing canals and able because of its supply of water for vessels. So overwhelming has been the drinking, for domestic and municipal competition that to-day inland waterway purposes. But the increasing pollution transportation is no longer in the hands of streams by the waste substances conof waterway but largely of railway com- nected with a growing population renpanies. Last year there was greater ders the water supply sometimes destruccongestion than ever of freight on our tive of human life. Again, the low water railways. In a decade the products of of late surrmer means the exposure of our northerninterior States have doubled, foul banks, with consequent disease and while railway facilities have increased death. Hence the waterway must be but an eighth. People began to say purified. Again, from time immemorial that if American waterways were fully a waterway has been valuable for irrigadeveloped the congestion would be re- tion. The Federal Government has lieved. The President appointed a com- already irrigated over ten million acres, mission to investigate the subject and see affording a chance for a quarter-million whether the Federal Government, in its homes and adding several hundred millcontrol of navigable streams, could notion dollars of taxable wealth to our undertake a general plan to secure to National resources. Drainage is hardly the people the uses of their waterways. less necessary, and any comprehensive There are in our mainland about 25,000 system of inland waterways improvement miles of navigated rivers and an equal should include the reclamation of swamp mileage navigable or to be made so; lands. We have seventy-seven million there are also some 2,500 miles of navi- acres of such land, now unproductive. gable canals, and about the same mileage With drainage and protection from overof sounds and bays readily connectable flow it would have high agricultural by canals. Finally, there are some thou- value ; if divided into forty-acre farms, it sands of miles of regularly navigated would furnish homes for about ten million waters in lakes and landlocked bays. people. The annual overflow occasions As the Waterways Commission says in loss of property reaching millions of its report transmitted to the President, dollars, with considerable loss of life. the time is at hand for restoring and We should also consider the annual soilwash, estimated at about a billion tons. tion, the various agricultural and manuThe greater part of this comes from the facturing resources, and, finally, National richest portion of our farms. We may defense, should be developed at the same well remember the double loss, first to time. As a first step, Congress should the farms and then the burden to navi- authorize the President to bring together gation by the consequent formation of the bureaus in the Departments of War, bars and shoals. Out of the Mississippi the Interior, Agriculture, and Commerce, alone goes every year much more earth dealing with the various waterway uses. in the form of sediment than we are to Otherwise there will be delay, and while take from the Panama Isthmus in order we delay, the country's natural resources, to construct the Canal.

as the President says, are being absorbed by great monopolies. The President

refers with particular emphasis to the

Again, a water- dangers of private control of water powWhat Waterways Mean

ers. way is valuable

There are to Industry and Defense

now before Congress at its rapids for seven bills perniciously providing for the storage of water power as used for perpetual franchises in water powers, operating mills before the introduction none of which ought to be permitted to of electricity, or, now, also for the gener- pass. This phase of the problem of our ation of electric power. As President natural resources we propose to discuss Roosevelt says: “It is poor business to more fully in a later issue. develop a river for navigation in such a way as to prevent its use for power, when by a little foresight it could be m le to

For futile discussion of a

Brownsville serve both purposes. We cannot afford

closed case the Brownsville

Again needlessly to sacrifice power to irrigation

affair promises to become or irrigation to the domestic water supply, worthy of historical record. Here it is when by taking thought we may have all a year and a quarter after the President, three." If we have not realized the as Commander-in-Chief of the army, many ways in which a waterway is valu- decided to dismiss three companies of able for health and agriculture, neither the Twenty-fifth Infantry; and yet the have we realized that it may conserve Senate Committee on Military Affairs our mineral resources, that its use in only last week passed resolutions on the transportation instead of by rail saves subject. The Committee, by a vote in iron and steel ; furthermore, that its use which party lines were confused, upheld as water power saves coal. We cannot the President. Although on several have water for either of these uses unless resolutions the division was eight to five, we have forest protection, and this, of only two of thirteen members of the course, saves timber. Under these cir- Committee declared by their vote that cumstances the introduction of bills to they believed that no soldiers of the provide for the largest use of our navi- Twenty-fifth Infantry took part in the gable waters by all the people should shooting affray; and even one of these receive the careful attention of Congress- two later declared by his vote that the men, But they should as vigorously evidence showed that the shots were condemn any bills suggested by com- fired from the soldiers' rifles. That this panies desiring to control any part of our matter has been kept agitated is due to waterways without compensation to the Senator Foraker. There is too much public, and to escape Government regu- political fertilizer in this subject for him lation. Finally, waterways are valuable to abandon it even now. It has helped for the National defense, especially the him to cultivate the political loyalty deep channels along the Atlantic and of a certain class of negroes who conGulf coasts and from the Gulf to the fuse fidelity to their race with a blind Great Lakes. Thus waterway improve- support of anything that any member ment should be begun at once, and the of their race does. It has helped him various waterway uses, regarding health, to cultivate, too, a welcome tolerance in domestic and municipal supply, naviga- a certain rather naïve portion of the

press which on other subjects has been the State of Oregon. So effectual was disposed to be intolerant of him. It this that it appears epitomized in the helps to consolidate opposition to the opinion; indeed, it was apparently the President; and in the eyes of some determining factor in convincing the earnest people that would justify almost Court. This testimony the Court deanything. We may expect, therefore, the clares to be “significant of a widespread Brownsville incident to be kept alive. belief that woman's physical structure, It is astonishing, however, to find how and the functions she performs in consepersistent is the idea that the action of quence thereof, justify special legislation the President in discharging the negro restricting or qualifying the conditions troops was a punishment. Of course it under which she should be permitted to was not; and most of those who affect toil.” Though“ constitutional questions to treat it as such know that it was not. are not settled by even a consensus It was an order by the Commander-in- of present public opinion," yet the Court Chief for the good of the service, and holds that “when a question of fact is for the maintenance of confidence in the debated and deba table, and the extent army.

to which a special constitutional limita

tion goes is affected by the truth in Immeasurable in its con respect to that fact, a widespread and A Victory for Posterity

sequences, laden with vast long-continued belief concerning it is

potential benefit to the en worthy of consideration.” That statetire country for generations to come, the ment, by the way, lays down a principle decision of the Supreme Court of the which has an application far beyond this United States in the Curt Muller case case; it is a principle that will be invoked might well be celebrated with a great with increasing frequency as complex demonstration. There have been mili- social conditions of modern life call tary victories acclaimed with the ringing for new Constitutional interpretations. of bells and with bonfires that have had Applying that principle in this case, the no more significance for the future of the Court affirms that “as healthy mothers land than this sober decision. It is, in are essential to vigorous offspring, the brief, that American women can be pro- physical well-being of woman becomes tected by law against commercial greed. an object of public interest and care in The case was epitomized in The Outlook order to preserve the strength and vigor for February 8. A laundryman denied, of the race.” On account of her physical on Constitutional grounds, the right of constitution,“ she is not an equal competithe State of Oregon to put other limita- tor with her brother.” In spite of the tions on the hours of labor for women removal of legal and other disabilities, than it put upon hours of labor for men. “ she will still be where some legislation The Supreme Court of the United States to protect her seems necessary to secure now declares, for the first time, that a a real equality of right.” Such legislaState has that right. Although nomi- tion to defend woman, to use the Court's nally a Constitutional question, it is really phrase, “from the greed as well as the a vast social question that the Court has passion of man,” is not merely for her answered. It declares that in contractual benefit, but for the well-being of the rights women stand on the same plane as The opinion (which was delivered the other sex. This is the Constitutional by Mr. Justice Brewer) virtually reaches aspect of it. But the State has the Con a conclusion as follows: stitutional right, for the public good, to Many words cannot make this plainer. limit the contractual rights of the indi- The two sexes differ in structure of body, in vidual. The question then becomes

the functions to be performed by each, in one of fact: Is the special protection capacity for long-continued labor, particu

the amount of physical strength, in the of women by limitation of contractual larly when done standing, the influence of rights for the public good ? It is this vigorous health upon the future well-being question which was effectually answered of the race, the self-reliance which enables

one to assert full rights, and in the capacity by the great array of testimony marshaled

to maintain the struggle for subsistence. by Mr. Louis D. Brandeis, of counsel for This difference justifies a difference in


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legislation and upholds that which is causes shall be prosecuted to the condesigned to compensate for some of the clusions in the manner heretofore proburdens which rest upon her.

vided by law." This is certainly very Unquestionably this is one of the mo- plain and clear language ; and the elabomentous decisions of the Supreme Court. rate arguments of the defense to show

that the obvious meaning was not the

meaning intended by Congress in passing A Decision as Regards the case of the

The decision in the law fell to the ground, for the simple

reason that if the Government's interpreRailway Rebates

Great Northern tation was not the correct one, nothing Railway Company, handed down by the of meaning or sense remained in the United States Supreme Court last week, clause. Of course this decision does does not affect the right of the Govern- "not affect, either favorably or unfavorably, ment to forbid ra'way rebates, nor, to any prosecutions which may be brought, punish such offenses according to law, for or are now pending, under the Hepburn those questions were not before the Court. Act; it simply makes effective and sound The point of the decision was that the legal actions begun under the old law. provisions of the Elkins Act were not Whether or not it will have a bearing on repealed by the subsequent passage of the appeal now pending by the Standard the Hepburn Act so far as they related Oil Company against the enormous fine to causes of action the prosecution of imposed upon it in the Chicago and Alton which had begun before the Hepburn rebate case is not certain, although it Act was passed. In this case the Great has been supposed that the point made Northern Railway Company was charged by the Great Northern Railway was one with various violations of the Elkins Act, of several to be raised by the Standard in that the railway granted special con Oil appeal. cessions in rates to individual shippers, unfairly and below the published schedules of rates. The facts were admitted

Vigilance is evidently

The Honey and by the railway to be as charged by the

to be a part of the price

the Flies Government; but the defense was set

paid for the proper conup that the statute under which the struction of the great Catskill aqueduct. indictment was found had been repealed; One danger is hardly passed before so that the real question before the another appears. The vindication of Court was to determine how far the the Board of Water Supply, which has re-enactment by the Hepburn Act of the the construction in charge, has kept the provisions of the Elkins Act, with modi- enterprise on the high plane on which fications as to the method of punish- Mayor McClellan started it. Now there ment and other minor matters, operates is a new peril. It has shown itself in to prevent prosecution and sentence the Legislature.

the Legislature. At present it is reunder the older law for offenses com mote. It is not too early, however, to mitted prior to the date when the give warning. Assemblyman Foley has Hepburn Act

enacted. It was introduced a bill which, if made law, agreed on all sides that all laws, or would throw the whole undertaking into parts of laws, in conflict with the pro confusion and make it the spoils of selfvisions of the later act—namely, the ish politicians. Its object is to amend Hepburn Act—were repealed, but the the law under which the Board at presGovernment contended, and the Court ent operates. There two chief upheld the contention, that the question provisions. One grants to the Mayor now brought up was provided for by a of New York absolute and unqualified special clause in the Hepburn Act, follow- power of removing the members of the ing the general repealing clause. This Board. At present the Mayor has saving clause was as follows: “But the ample power of removal; but it is to be amendments herein provided for shall exercised only upon stated charges of not affect causes now pending in the incompetency or misconduct. To subcourts of the United States, but such ject the members of the Board to the



risk of removal without a hearing would the claim that the statute was obsolete be to serve notice upon any self-respect- because of prior non-enforcement was ing citizen who would be ambitious not sound. The State's Attorney says really to serve the city that he was not he will continue to prosecute. Meanwanted on this Board. Mayor McClel- time the agitation is taking new forms. lan's pride in this aqueduct, begun The anti-saloon element undertook to under his administration, would prevent get upon the ballot to be voted at the a misuse of this power, though it would coming April election the question of not relieve him from the pressure that making Chicago a prohibition city. To would be brought to bear upon him get such a question on the ballot requires to misuse it; but no Mayor ought to a petition signed by twenty-five per cent be forcec. to withstand that pressure, of the registered voters. The requisite and certainly the Board should not be number of names was not secured. The put into the position which this bill would United Societies did, however, secure create. What is still more dangerous sufficient signatures to their petition to and more subtle in its menace is the other insure placing on the ballot the question provision practically making it manda as to whether saloons should be closed tory upon the Board to accept the lowest on Sunday. Consequently, an actual bid for any contract. It is true, the bill test of public sentiment will be had upon allows the Board to accept a higher bid that question. The opponents of the if the Board of Estimate and Appor- saloons say that it is improper to vote tionment approves by a three-quarter upon the question as to whether a State vote ; but that qualification is virtually law shall be enforced in Chicago. The negligible. A quarter of the Board of other side contends that this is an unfair Estimate could override a whole corps statement of the proposition ; that the of engineers, the highest engineering question is not, Shall the law be enforced? experts, the unanimous decision of the but is rather, Is the law wise? There Water Board, and three-quarters of the can be little doubt, however, that the Board of Estimate and Apportionment. open Sunday champions expect a majorOf course this opens a fat field for greedy ity vote favorable to Sunday opening to contractors in hand with unscrupulous have an effect upon the prosecutions politicians. To manipulate such matters even before any change shall be made has become almost a profession. The in the statute. At a mass-meeting held bill is so thoroughly vicious that it ought Sunday, February 9, under the auspices never to go out of committee. Against of the United Societies, the State's Atit, however, the citizens of New York torney was condemned for wasting taxwould do well to be on their guard. payers' money in useless prosecutions

for the enforcement of an obsolete law. The Outlook a The controversy is arousing much bitterChicago s

few weeks ago Sunday Closing Fight

ness of feeling upon both sides. The

told of the revival arguments for the disregard of the plain in Chicago of the movement for the intent of the State law illustrate one of closing of the saloons on Sunday after the most dangerous tendencies in Amerthirty-five years of non-enforcement. ica to-day : the tendency to regard law While Mayor Busse still refuses to use as something to be invoked or disthe police force to close the saloons, regarded to suit the convenience of the State's Attorney Healy is conducting individual. More important than the prosecutions against saloon-keepers for question whether liquor shall be drunk violating the Sunday closing law. Thus is the question whether law shall be far seven cases have been tried, but in obeyed. every instance the jury has either failed to agree or has acquitted the defendant.

The Mombusho, or There was no dispute as to the facts,

Japanese Students
in America

Department of Eduand the trial judge in each case instructed

cation in the Japathe jury that the Sunday closing law was nese Government, is a far-reaching conlegally operative in Chicago; and that Its powers in the realm of higher


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