The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-15
DENOUNCED BY MIR. BACON
He Declares the Army Bill Is Con-
trary TO the Constitution.
Danger in the Increase of Executive
Power-Sir. HawIey Appeals for Ac-
Caustic Reference to the Prcsi-
dents Action in the EnSnn Case.

The Senate yesterday resumed con-
sideration of the Army Appropriation bill
| and devoted nearly the entire afternoon
to the discussion of the clause which
provides that the President, in his dis
cretion, may increase the number of cor
| porals in any troop Of cavalry to eight,
and the number OF privates to seventy
! six.
Mr.. Bacon wanted to amend the clause
| by placing during the present exigen-
| cies'' after each item. He stated that the
| bill was entirely contrary to the Consti-
tuition.
THE history of the increase of execu-
! tive power" said he. lis usually found in
the history of the usurpation of executive
| power"
MIR. Hawley jocularly offered to cut off
| a thousand from the bill and make the
minimum $4,000.
! There is too much levity INDUCED in
| by the trainers OF this blll," said Mr. Ba-
| con. 1T cannot be denied that a large
| standing army Is proposed and this is a
menace to the institutions of this Re-
public
Mr.. Hawley changed the subject, and
| argued that the bill had been carefully
prepared by the committee.
Mr.. Proctor assured the Democrats that
| when the emergency had ended the large
army would be disbanded.
| Mr.. Bacon stated that if no other Sem
ator objected to the bill he would not.
| Mr.. Bacon then defended his amend
ment and said that he hoped it would be
| adopted.
Mr.. Foraker denied that the bill was
unconstitutional and cited former statutes
wherein Congress had empowered the
| President TO raise a large army
Mr.. Bacon denied this and showed that
| there was nothing in the former cases cited
| that had anything in common with this
! case.
This bill," said he. gives the Presi-
dent, not Congress, the right to fix the
| size Of the army in future. 1t is an elias
/ tic proposition, and no provision is made
/ for it's repeal. No Senator who favors this
| bill dares tell me that he understands the
purpose of the bill to mean that when the
present emergency ends the army will be
! reduced even 1000. This is a proposition
! to put upon the statute books perman ent
! law giving the President the power. in
| peace or in war, to call out 100, 900 men -
! Mr. Spooner said that Congress could
| repeal this law at any time
"The danger is not that the Constitu-
| tion will be abrogated." said Mr.. Bacon,
| "at least not as a whole. 1t is that little
| by little the Constitution is being abro-
| gated. The people would not permit the
| wiping out of the document, but they
! don't miss ii II it goes out piecemeal. 1t
1 has come to pass wherein when a Sena-
! tor dares weigh pending legislation and
measures it with the Constitution he is
! laughed at. / see no reason why the leg
/ islative branch should surrender Its pow
7 wi he
/ chair | would never surrender one parti-
| Gle OF the power of this body.
1T is not simply question of allowing
\ the President TO increase the army from
1 50, 0e0 to 100, coo. it is question of per-
mitting him, without authority from Con-
! gress, to increase the expenditures of the
| Government from $50, 600. 900 to $40, 900, 000
! per year. What is to prevent him from
| increasing the army to 100000 on March 4
of any year and keeping this army up for
nine months. We could not refuse to leg
| islate the funds needed"
| Mr.. Allen asked if 1.-The present ext
! gencies" included the de facto war In
! China.
| Mr.. Proctor said that there was no
need of supposing cases, as there was no
war in China.
Mr.. Allen said that he saw trouble
| ahead when the President was empowered
| to raise an army of 100, ,0G0 men under
| "exigencies," which might be or mean
! anything.
| Mr. Hawley, Chairman OF the Military
| Committee made an earnest appeal 10
Senators to stop debate and to pass the
| bill. He showed the necessity for imme-
date action in order to supply troops in
| place of those to be withdrawn from the
! Philippine Islands. Seventy thousand men
he said. would have to cross the Pacific
| before the 1st of July. And yet Senators
were discussing things that had been set
| tied long ago.
! After a long discussion the pending
| amendment went over till today.
| Mr.. Berry gave notice Of an amendment
requiring the President, within ten days
| after the passage of the bill. to issue a
| proclamation declaring any intention, or
the part of the United States. to exercise
any sovereignty, Jurisdiction, or control
over the Philippine Islands except fol
| their pacification. and asserting its de-
termination when that is accomplished, "a
leave the government and control of the
| islands to their people
| Mr.. Teller offered an amendment 10 the
| section which authorizes the President tC
| place upon the retired list any officer sus-
| pended from duty by sentence of court
| martial. The amendement is TO take from
| the section its retroactive purpose, END
| make ii apply to the future. Mr.. Teller
said that the section had been put In the
| bill so that the President might retire
General Eagan, but that as the President
| had taken another method of retiring him
there was no reason why the section
| should remain.
| The President EAd changed the sentence
| to a suspension with full pay. making it
/ in fact a decoration and not a suspension
| Many believed that that was a reward foi
a vile and miserable attack on the genera
| of the army by miserable blackguard.'
Mr. Teller also criticised the provision
in its possible relation to the case of Pay
master Joseph W. Wham, the details oi
which he gave to the Senate. taking the
ground that Major Wham had been un-
| fairly treated in his court martial and
sentence to half pay.
| Mr. Carter made an earnest plea for the
| early disposition OF the Army bill. II II
were passed at once, he said, the troops
in the Philippines, volunteers and regu-
| lars, whose enlIstments expired on June
| 3. could undoubtedly be brought back tc
the United States in the regular trans
ports by that time. Any delay. however
would compel the employment of specia
transports. He did not think it was ex-
! aggeration TO say that each days delay
would cost the Government $500. 900. He
asked If unanimous consent that time
| be fixed for taking a vote on the bill
Mr.. Teller objected. and the bill theI
went over without action on Mr.. Teller's
amendment. At $50 O'Clock the Senate
| adjourned until today.
Mr.. Neville Recovering.
The condition Of Representative Nevill,
of Nebraska. who has been seriously il
at his apartments. 13 First Street north
west, is now considerably improved. Tn,
L nhpainian lr IA said Ia 81