New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-07
NOVEL LEGAL POINTS.
MUST THE EXECUTIVE DEPARTMENTS
WASTE MONEY BECAUSE THE
LAW SAYS so?
MANDATORY LEGISLATION AS TO THE IMPROVE
MENT OF RIVERS AND HARBORs NOT
CAPABLE OF BEING MADE
IBY TELEGRAPH TO THE rArBusE.I

TELEGRAPH TO THE THiBtSE.J
Washington, Sept s.-Controer Bowler will soon
have another opportunity to decide whether OFF,
Gals of the executive branch of the Government
have the right to exercise discretion In carrying out
the provisions OF of Congress which direct the
execution OF specified public work and appropriate
money therefor Mr.. BOWERS position on the sugar
bounty appropriation. also the decision OF the Su-
preme Court. which threw his views TO the -FOUR
winds are fresh in the memory of every one That
was an instance where the Controller proposed and
the Supreme Court disposed. In the case which Is
TO come up Mr. Bowler will have TO consider the
intent Of the sections Of the last River ana Harpor
Appropriation act in the light OF that hgh ui-
bunals recent ruling 1t is Impossible TO say no"
he will decide the questions involved. but II Is OF
interest to note what the questions are ana no"
they up.
In the act for the present fiscal year provision II
made for improvements at numerous po'n's
throughout the country and specihc sums are ap
propriated for the work. In every instance ''e
waterways to be improved distinctly stated az
well as the amounts made available lot '''e me-.
sary labor II will be remembered tha' 'ne o'',
aftcr passng the House and Senate was vetoed
by the President. and that subsequently,
adopted the measure over the veto improvements
in nursnance of the provisions Of the act are made
under the direction of the Chief OF Engineers oi 'c
Army acting for the Secretary OF war.
According to custom. officers OF the r'"ei"ee'
corns uere recently Informed as TO the improve
ments authorized and requested 70 FORWARD 10 ,,ie
War Department reports relative 10 tne ~,
Of making the same. A NUMBER Oh 'ePo'
Lird in moro or less detail have reached the var
Department In of these the oinc''9 a."
dressed have stated officially that tne proPoS'"
improvements are neither practicable nor ad''S
able In a few cases the reports say that 'he Ger :
tain waterways specified in the act are OF SUI"
insignifcance that II would not he e'onoi"' ~
expend any money improve them IL II po'"'''
out in these instances that there is only ssinp
tom" TO be- found Of the waterway, ana tha' 'on-
gross must have been enormously informed as 10
the need OF improvements mentioned III 'ne az
No criticism Of the Senate and House II ih"u'seu
in and the officers making the reports re'os''N.
the fact that in law such az the hi's' anu
TIarbcr act it Is practically Impossible 10 avon"
mistakes when experts have not previously eN-
,nined localities where improvements are pro-
posed The reports are expressions Of professional
opnions simply and are free from all poh'icai
bias. Of course
These unfavorabe reports have embarrassed
General Craghill considerably. The law Is SPECIFIC
and explicit in providing that certain Work Is 70
done That is one side Of the case. on the other
hand experts of the Engineer Corps have found
that of this work ought not TO De Ip pind
should then The mandate 9i hnbers the CHIEF
of Engineers In his dilemma he has appeared 10
sne e for executing the provisions of the
River and Earbor appropriations rests me , Sc
ment and is giving il close consideration He
proposes 10 make haste slowly IN reaching con COZ,
ofSciais at the war Department say, the legal
ponts involved will have to be laid before the con
rCer OF the hat Mr lamont 1 has the power or
cnaton to settle the question without reference
The authorities decline to give information as TO
which Improvements provided FOR In the AppropIla
reasons for silence are obvious interested IN very
,ecSn Of the at sast esrns that an ecer
Of the EngineeYC had reported that improve
ment in his state or are a9na so or be
flooded with earnest protestati9ns and probably De
a a BY be ns made to ae conos Of
and his decision will govern the action OF the Secre-
isry Of You'd a r seam key that the controler Will
hold that of the provisions or the Appropriation
act should be ignored. one official has thus put the
case: Congress has provided for Improvements at
places where il Is practically Impossible 10 MAKE
them and at others where it would be extravaganza
to do He stated that under the circumstances the
Executive branch ought to have some legal discre-
Asked as TO whether he intended to reflect on Con
gress. he said: No That is not the question The e
faith with the knowledge they had | mean this to
apply not only 10 the last session, but every
sion Every one knows what scramble there Is
each year among members 10 have their own sections
looked out for What Is wanted Is some data TO lay
before the committees giving correct Information as
TO improvements required. Preliminary surveys and
be prepared before Congress convenes No improve
should be appropriated for which not recon-
mended by experts InlS would relieve the COM
mttees OF embarrassment and be OF advantage the
Treasury. Ii would prevent the occurrence Of annoy
ing instances such We have 10 deal with now
The speaker SAID that he supposed there would be
big protest II 1t was decided not 70 carry out some
of the provisions Of the law. He doubted If the
Executive branch Is authorized under the
refuse do any work directed by Congress that IL
was possible 10 carry out. But in cases where Off
OF the Engineer Corps found upon inspection that
improvements specified could be made without
extraordinary exertion and outlay he thought pro-
visions OF the Appropriation act should be ignored
and report OF the facts be made Congress AZ the
SELF