Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-04
Mr.. BLOUNT'S EXPENSES.
Senator Hoar by Resolution Seeks to
Find Them Out.
But the President May Properly Re-
fuse to Furnish Such Informn-
tiOn If He Sees Fit.

HleHt Oh soiiie new surprise In the Hawaiian
muddle. Some of these take the form of
resolutions introduced by republican Sena-
tors. who are very ingenious in obtaining
constantly shifting views of the situation
1t Is doubtful. however, If the most recent
evolution of the republican senatorial brain
on this subject will be of avail beyond
furnishing an excuse for a speech attack
Ing the policy of the President This is IN
the nature of a resolution introduced this
morning by Senator Hoar calling upon the
Secretary of the Treasury for information
concerning the salary paid to Mr.. James H.
Biount for services rendered as paramount
commissioner to the Hawaiian Islands
The resolution asks the sums paid to this
gentleman, the authority for such pay
mehts and the appropriations from which
they were drawn. The President has. it
must be stated. an excellent defense in this
particular. He will probably instruct
the Secretary of the Treasury to re-
fuse to answer this question, claiming one
OF MS highest prerogatives. which the law
mas given him in times gone by, that of
protecting the secrets of expenditures In
the State Department
The Matter Thoroughly Discussed
This matter is thoroughly discussed in
volume 1 OF Wharton's Digest OF Interna-
tional Law. In section Is of that work Dr.
Wharton quotes the opinion OF Justice Cush-
Ing. rendered in 1855. This opinion is to the
effect that the President, under the Consti-
tuition, has power to appoint diplomatic
agents of any rank at any place and at any
time, subject to the constitutional limita-
tions In respect to the Senate. 1.-The author
ity to make SUCH appointments" IL con-
tinues, lis not derived from and cannot he
limited by any act of Congress-, except in so
Iar as appropriations OF money are required
TO provide for the expenses OF this branch OF
the pubic service. During the early admin
lStration or the government the approprta-
tions made for the expenses of foreign in
tercourse were to be expended in the discre-
tion OF the President, and from this general
fund ministers whom the President saw nit
to name were paid"
In section los of the same work the uues-
tion Is alluded to in more detail through an
extended quotation from the special mes
sage OF President Polk of April 10, 1916 in
which he alludes to the act of May l. lSlO
which provides that when any money shall
De drawn from the treasury under any law
making appropriation for the contingent ex-
penses OF foreign intercourse the President
Is authorized to cause the same to
De settled by the accounting officers OF the
treasury, and only when he deems adyisa Bile
snail he itemize the account
The act says that he may merely make a
eertificate of the amount expended should
ne thinks 1t unadvisable to specify it's ac-
ton. President Polk said: Two distinct
classes of expenditure are authorized by
this law, the one of public and the other
of private and confidential character.
The President in office at the time of
the expenditures is made by law the sole
judge whether it shall be public or private
Congress, foreseeing that it might become
necessary and proper to apply portions Of
this sum for objects the original accounts
and vouchers for which could not be made
public without injury to the public interest
authorized the President instead of such ac-
counts and vouchers to make a certificate
he,
may think 1t advisable not to specify, and
have provided that every such certificate
shall be deemed a sufficient voucher. The
law making these provisions is in full force
and IL is binding upon all the departments
of the government and especially upon the
executive, whose duty it is to take care
that the laws be faithfully executed In
the exercise Of the discretion lodged by it
IN the executive several of my predeces-
sors have made such crtihcates and upon
these certificates as the only vouchers set
Elements have been made at the treasury.
Actuated undoubtedly by considerations of
this kind Congress provided such fund
coeval with ths organization of the govern
ment and subsequently, enacted the law of
1910 as the permanent law of the land"
The Law Now in Force.
This law is now in force. as it was at the
time when President Polk wrote this letter
to Congress. Though the actual state of
things cannot be told now. it is probable
that Mr.. Blount's pay was drawn by him
upon just such certificates as are mentioned
In the message. Therefore, should such a
resolution as was presented by Mr.. Hoar
today finally reach the Secretary of the
Treasury, it Is more than likely that he
would report to the Senate the fact that
the only knowledge he has of any expendi-
lures to officials of the State Department
Is included in the existence of these GER
tificates in the files of the ting bu-
reaus of his department. AS these certih-
Gates do not mention the names of the in
dividuals for whom they are drawn, ii Is
almost certain that no one at the Treasury
Department officially say that Mr.
Blount drew a penny from the government
as paramount commissioner. This may not
be true of his salary minister, which may
have been included in the itemized accounts
submitted by the State Department, and of
course ii Is possible that the President may
have changed ii to mention Mr.. Blount's
name during his extraordinary career as
commissioner. At all events such is the
law in the case that should the President
be unwilling to answer Mr.. Hoars ques-
ton he can take graceful and dignifed
refuge behind the statutes and refuse to di-
vulge any Information.