New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-29
THE PRESIDENTIAL VETO.
ITS USE AND ABUSE POINTED OUT BY THE
SENATE COMMITTEE ON PENSIONS.

OF EXECUTIVE NEUTRALITY-SUSPICIOUS. OF THE
VETO POWER.
Washington, June Ex-senator Davis, VI Minnesota,
chairman Of tho committee on Pensions. presented to
the Senate to-day the following exhaustive report on
President Clevcands veto messages and the machinery
by which they produced. The report says:
Since the sth day Of May. 1880. one hundred and
thry-sx special granting pensions TO individuals
have been dlsapproved by the President.
Legislation Of this character has been Q matter OF
settled and favored policy for very long period, com
mencng before the Cva War; These disapprovals were
based In great majority Of upon the expressed
opinion OF the President that Congress has erred in the
Judgment upon mere questions OF fact the in
currenee of disability in the service; whether death
from disease casualty asserted be the secondary
result OF disease incurred In the service ought TO
be held upon the testimony TO be referable; or
whether the proof before Congress- showed the existence
OF any disability whatever.
The practice Of the President respecting bills Of this
character is indicated by the following extract from his
message Of May 1885, disappearing act to increase
the pension OF Andrew j. Hill There have lately been
presented the day for approval nearly two
hundred and oty tis granting and increasing pensions
and restoring the pension list the of parties
which, for cause have been dropped To aid Executive
action, they referred TO the Pension Bureau for ex
animation and report" This practice is further dis
closed by following extract from the report Of the
committee upon the message disapproving Senate bill
zoos, XLIXth Congress- list Session, granting pension
to Mary J. Nottage:
The Giles OF papers In these vetoed cases which
in possession Of your committee contain letter Of the
Assistant Secretary INTERIOR under date of June H.
1885, stating encoses enrolled bills follows
enumeratng 11s House bills and IL Senate bills and In
struc,ing the Commissioner OF Pensions as follows:
"'Please the to be critically examined and
report to this Department whether in your opinion, any
objections their approval TO exist In
where objections exist they should be specifically set
FORTH"
That this method OF procedure still continues is appar
ent from several messages In question The result
the decisions Congress upon the facts In reversal
decsony OF tho Bureau Of Pensions arc referred
by the President for examination and
report" and for any such objections TO their approval
as are to exist" in which such objections
are to DO specifically set forth"
1t is Of course impossible for the President 10 ex
anime documentary evidence upon which each
depends which is invariably examined by the
committee, and 1t follows thu when he dlsagrees with
Congress upon the questions Of fact in these cases his
Judgment must be based upon the reports OF the
committees, In which facts always stated with
sufficient funess but the report Of some subordinate
In the Bureau Of Pensions This Bureau, whose action
Congress has reversed is thus enabled to review the action
Of Congress by the express direction Of the President
These reports Of the Bureau cannot In the nature OF
things possibly be made by any person within the
during which tho President hold bills for con-
sderaon they received by him in such numbers
This explains the Inconsistencies Of Executive
action which are hereinafter fuIy opposed
This method OF consideration is abridgment by the
Executive Of the exercise OF the right OF Congress waive
proof which Is required In ordinary In tho
Department under tho somewhat technical rules that have
up out OF repeated preceden This results plainly
from the practice that Executive dsapproya follows In
any the records OF the Bureau deemed by
President sustain the action OF Congress This
invasion upon tho province Of Congress further 1t
annuls tie undoubted power determine by the will Of its
majority that the public money shall be appropriated for
legitimate and constitutional purpose.
be maintained upon any fair construction OF
Constitution that the OF Executive dsapDroval
ought be exercised acts of this character for the
sole that the President differs In opinion from Con-
upon question OF the weight OF testimony, or
upon the expodency of special act ptch subserves
general purpose and which mpers no power Of any
other department
shall tecJme established that such excicise
OF the power has sufficient this class Of
cases. It follow that 1t is proper in all That
this has before been Systematically attempted in
class OF does not remove the for alarm.
Occupations rapidly republics small objects
hose Of the greatest That the power exists
In the Executive disappIovc any legislative
be denied But the duty undeniably also exists
1t shall be used In such manner upon any
occasion pretext make its operate
encroachment upon the Of other departments
Government
II is the theory Of Government that great body
Of shall rest in the legislative department the
INN ediate representative OF the people To that de-
partment the Constitution has conhded powers
scrlpton II by restrictive definition and
Equally with the Executive Department it bound
ercise them In proper and for Constitutional
poses But II from facOus revolutionary spirit It
shall fail do this and thereby cripples the power
to act Of the other departments will then have violated
the power OF the Constitution and It viii be defence
that the violation committed by tho refusal
granted power. The Constitution provides that
money shall be drawn from the Treasury but I'm
quence OF appropriations made by law" factious
stop every function OF the judicial Department
refusing to enact laws making appropriations therefor
In doing 1t would clearly violate the Constitution
would factious usurping President who should
fuse to approve an act making such appropriations in
where the twothrds vote TO the law
over the dsapproval could not be obtained.
right power OF Executive dlsapproval
change the ordinary method Of legislative action by
aorlty upon proper subjects OF legislation. merely
because the Executive differs from Congress upon
sucency Of proof the expedency OF relief does not In
the opinion OF your committee, exist. Such mscon.
cepton Of the OF Executive power making It limit
less fraught with dangers to the Independence OF Con-
and to Its constitutional and 1t clearly I'M
plies that factlous usupng President who purposes
TO subordinate TO his will that department TO which tho
Constitution has connded the principal of Govern
ment can riehtfuy do this aad prevent the Will OF the
people from taking statutory FORM by two thirds
vote Of each House OF Congiess
The present Chief Executive has dsapproved loo bills
OF these 1876 bills granting pensions TO individuals
All OF his predecessors vetoed but 1873 bills None Of his
predecessors vetoed acts OF this character excepting
President Grant, who dsapproyed but FIVE and none OF
these toned because OF difference OF opn
ion upon The bill pension Abigail Ryan
sapproved by President Grant because her al
ready the rolls that TO pension Ann Montgomery was
dsapproved merely enable Congress to correct
bguy IN the and thereby benefit the soldiers chill
that pension Il. r. Crawford because he al
ready enjoying all the pension the general law allowed
him that TO pension Lewis Hney because his true name
Heing that to pension Eliza Jane Plumer because
the company which her husband belonged was msde
serbed the bill These bills dsapproved by this
great soldier and patriot who knew and felt the oblga
tons of the Nation its defenders not for the
Of defeating relief but to enable relief TO be granted by
amendments because relief had previously been given
The veto power odous the founders Of the Gov
eminent. The first count In the Declaration OF lnde
pendence against King Great Britain Is that lie