The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-12-19
TO VETO IT.
Secretary OIney Plainly Fore
shadows That Cleveland
Will Set His Foot Down on the
Cuban Resolution
WHEN 1T REACHES HIM
There Is Sure to Be a Clash of
Authority.
Senator Cameron Claims That
the President Is POWerIess
To Veto the ResOlutiOn-Olney
Holds the Opposite.
VETOCANBEOVERCOME
Only By a Direct Declaration
of War
Which Congress Alone Has the
Power to Make.

Washington Dec 19.@The Cameron
Cuban resolution, if pressed to final pas
sage in both houses, will constitute a
direct and formidable issue between the
executive and legislative branches of
the government. This is clearly indi-
Gated by an interview given out by Sec
retary Olney today;
Secretary Olney being asked his opin-
ion as to the nature and effect of the
proposed resolution recognizing the in
dependence of the republic of Cuba,
said.
Il have no objection to stating my
own view of the resolution respecting
the independence of the so-called repub-
lie of Cuba, which ii is reported is to be
laid before the senate Monday. Indeed
as there are likely TO be serious miSap-
prehensions regarding such resolution,
both in this country and abroad, and as
such apprehensiOns may have injurious
results of a grave character. it is per-
haps my duty to point out that the reso-
luton if passed by the senate, can be
regarded only as an expression of Opin-
ion by the eminent gentlemen who vote
for it ia the senate, and if passed by
the house of representatives,, can only
be regarded as another expression of
opinion by the eminent gentlemen who
vote for it in the house.
The power to recognize the so-called
republic Of Cuba as an Independent
state, rests exclusively with the eXecu-
tive a resolution on the subject by
the senate or by the house, or by both
bodies, or by one, whether concurrent
or joint. is inoperat tive as legislation
and is important only as advice of great
weight, voluntarily rendered to the ex-
ecutive regarding the manner in which
he shall exercise his constitutional func-
tons The operation and effect of the
proposed resolution. therefore. even if
passed. by both houses of congress by
twO-thirds vote, are perfectly plain.
1t may raise expectations in some quar-
ters which can never be realized. 1t
may indame popular passions both in
] 81
put in peril the lives and property of
American citizens who are resident and
travelling abroad, and viii certainly OBJ
struct and perhaps defeat the best eff
forts of this government to afford such
citizens due protection. But, except in
these ways and unless the advice en-
bodied in the resolution shall lead the
executive to revise conclusions already
reached and officially declared. the res
Olution viii be without effect and will
leave unaltered the attitude of this gov
ernment towards the two cOntending
parties in Cuba"
The impression here is that Secretary
Olney's statement pointing out the lack
Of legal effect of the passage of the
] Cameron Joint resolution was called
] forth by desire to minimize the danger
of an outbreak in Spain on the part Of
the excitable pOpulace which is perhaps
more imminent than Is generally realiz-
ed in this country.
Nothing less than some such energy,
it is argued. would induce the secretary
I tice of refusing to comment publicly on
| foreign relations particularly during
| the absence from Washington of the
I president. OF course the latter is com
mftted by the declaration Of the first
| officer of his cabinet to the view that
! congress has no constitutional authOri-
] ty to recognize the independence of Gu
/ ba, for to abate anything OF this asser-
/ tiOn of power on his part would be CON
/ strued as a Reputation of the action Of
/ the secretary and probably would cause
/ a disruption Of the ca binet
So far as can be gathered from a cur
sorry scanning of the records. there is
/ and congress directly differed and made
another nation. 1t has been tacitly admit
/ ted heretofore that as Secretary Olney
4 uon- buJ senator cameron. the author
] of the resolution which has given rise
! to this issue. it is understood. has made
a most careful ana exhaustive study of
/ the constitutional aspect of the matter
/ and is firmly convinced that congress has
/ power to proceed along the lines of his
] resolution recognize the new republic.
! OF course Secretary Olney's statement
/ indicates clearly that If the Joint resolu-
/ tion ever passes both branches of con-
/ gress and is sent to the president. the
\ of impolicy but also because it consti-
tutes an Infringement Of his own prero-
\ gatives Moreover, the secretary in his
1 interview goes beyonl this point and in
] almost as many words says that no at
( tentlon viii be pald TO the VIII OF con-
/ gress in this matter, even if the resolu-
I ton is passed over the presidents veto.
In this case. a grave conflict of powers
of two branches of the government might
/ he expected to follow. though Just how
\ the issue may be made up 50 that it can
4 be reached by the supreme court. the ar
bitter Of all questions or CONSTITUTIONAL
u ity Is not clear at present. Tt is sug-
I gested. however. that if the issue goes to
\ that length. congress may achieve its
1 purpose Indirectly by the exercise of a
/ power certainly confided to it exclusively
! by the constitution. namely by declar-
/ alton of war. which is after all in the
! Judgment Of many authorities. only what
! the reccgnftion of the indCD Dendence of
/ cuba under existing conditions. would
/ mean.