The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-11-05
Villas AND CONGRESS.
Congress Must Deal EflicacfOusl
With a Disobedlent Official.

Congress- Must Deal EflicacIOusly
With a DisobedIent Official.
N. Y. Sun.
To the editor of the Sun-S1r: OF
all iaw-breaking, official laW-break~
ing is the most miScheiVOuS and the
most reprehensible; for, besides its
bad example, it in a measure disjoints
government. 1t is, moreover, the
most difficult to punish, for station
while it laSts-even in this country
is to a certain extent privilege, and
privilege is protection. Sometimes,
however, retribution is prompt and
adequate, as in the case of Chief JUS
tice Vincent, removed by President
Cleveland, so far as the public knows,
for a mere improperly.
The motives which incite to official
misfeasance and malfeaSance are
many, but that least to be tolerated is
the one which swells the incumbent
beyond the measure of his office. 1t
may be vanity, it may be ambition,
but whatever the cause, such an Off
ciai is constant menace to order and
regularity. He is sure to 'ido those
things which he ought not to do, and
leave undone those things which he
ought to do"
Postmaster General Villas has plac-
ed himself within the censure of both
these charges. Something, perhaps
his sudden rise, has turned his head,
or else he never understood official
obligations, or. understanding, does
not practice them. He appears to
administer law as if, like Falstaff, he
thought there was "no virtue extant," /"
and little wisdom except in himself.
"Public Office is public trust" so
says President Cleveland, and tGe
maxim is accepted. Postmaster Gen
eral Villas, asa cabinet Rinisters is
trustee fol congress, and those who
come within the purview of the laws
intrusted by it to him for execution
This trust he has betrayed. Not only
has he refused to carry out law con-
fided to his execution by congress, but
he has Lhwarted its design and con-
travened its policy. He is therefore
in contempt Of the law-making power.
A brief statement will show that this
is true.
The constitution gives congress the
power to regulate commerce. Com
merce is here understood as a unit
and this grant embraces all the instru-
ments by which it may be carried on.
Correspondence Is one of them. To
provide for the transportation OF
foreign mails is therefore, duty. This
duty congress has performed from the
beginning. In dealing with COM
merce congress has by its laws fre-
quently declared policy. 1t has
secured the coasting tr lde TO our OWL
people, the building of American
| ships to Americans, and done many
other things to favor them. In pur-
suance of this policy, on the 3rd day
of March last it appropriated by law
| "for the transportation of foreign
mails, including railway transit across
the Isthmus OF Panama, $S00,0OO."
| AS a fit instrument to eXpend the
money thus appropriated, it author
into contracts for the transportation
of any part of said foreign mails, after
legal advertisement, with the Lowest
responsible bidoer, at rate not ex'
ceeding fifty cents nautical mile or
the trip each way actually Travelled
between the terminal points, limit
ing him with the proviso "thaJ The
mails so contracted shall be carried OF
American steamship, and that the
aggregate of such contracts shall no
exceed on. third of the sum hereby
appropriated.
Here, then, is a trust for the post
master-general to execute. Those in
tere5ted are congress for the peopl,
whom it represents, and the steam
ships which may be benefited by it
execution. Postmaster-General Vilai
has no interest, and if he had, it W oulC
confer on him no discretion. 1t is {
practical law with plain purpose
and not an abstraction for Mr.. Villa!
to sharpen his wits upon.I
| Whenever the supreme power in a
state, acting with unquestioned juris,
diction, enacts policy for the benefit
of its own people, in respect to busi
ness of current necessity like that o1
transporting the mails, and provide:
the means, supervises The trms, an(
declares the instruments by which
alone it shall be conducted, its author
iZation to carry out that policy is {
command to any subordinate WHIT
may accept the office; or governmen
is asham
This is the orderly jurisprudence o.
every government that processes tt
uphold the supremacy of the law.
Instead of doing the will of congres
by carrying out this law, the postmas
ter general ignores all obligation
upon himself, and directly contra
venes the law and the policy of con
gress by engaging foreign instead o
American ships to do the service. H
has assumed to regulate commerce,
power which congress cannot consigl
to his discretion.
Mr.. Villas is therefore at war wit
the making power. To it, il
effect, he says: "You have been BAN
boozled; you have been made the toe
of lobbyists and subsidy grabbers
your head has been turned by falls
appeals; you do not know what yo1
want, nor mean what you say, and i
you do cannot understand you. Yol
have not provided sufficient means t.
carry out the scheme you indicate. II
i Il s1 IS R<>