New-York tribune., 1901-01-05
AUTHORITY OF CONGRESS.
CAN 1T COMPEL. A GARNET OFFICER
TO ANSWER QUESTIONS?
THE PRESIDENT AND HIS ADVISERS TAKE
THE GROUND THAT NO SUCH
RIGHT EXISTS
[BT TELEGRAPH TO THE rR1suSr1

swer any questions il may ask regarding execu-
tive matters discussed at the Cabinet meet
ing this morning, with the result of bringing
out the concurrent opinion of those present that
broadly speaking, such right existed particu-
larly on the part of one branch of Congress The
subject arose from the resolution recently passed
by the Senate demanding copy of the report
of A. l.. Lawshe special representative of the
Government in the investigation of the Cuban
frauds, and likewise the resolution now pending
calling for copies Of all orders issued to the
Army In the Philippines.
The view of the Cabinet members is that a
Cabinet officer is an aid or representative OF the
President. who is the head of the executive
branch of the Government. Any resolution d.
recting the head of a Department to furnish
information is order the President and
will hereafter be regarded. if the matter Is Of
sufficient Importance. The executive branch Of
the Government is coordinate and equal with
the legislative and as such does not receive and
execute orders from the Legislative branch un-
less inclined to do so. 1T is possible that here,
after when resolutions of branch of Con-
gress call for information that it is not desired
to impart, they will either be ignored or will be
handled by the President direct he believing
himself responsible for the execution of the
laws
There is even doubt among Cabinet officers
WnSlneI DotH pouleS Oh congress, acting to-
gether, have the right to demand information.
They can at all times. it is argued. request in
formation given subjects and X the execu-
tive officials fit to respond as a matter of
courtesy. that is all right. but there is no power
demanding compliance if it is not regarded as
proper or compatible with public interests.
QUESTION ARISES IN THE SENATE.
While the President is at all times willing to
comply with requests from either house for in
formation when it can be furnished without
detriment to the public service yet it not fnfre-
quently happens that serious harm would re-
suit by complying with them. 1t Is said that
this is SO In the case Of the Lawshe report When
the Presidents message and Secretary Roots
letter explaining the inadvisabiIity Of pub
fishing the Lawshe report were received by the
Senate yesterday they to be ordered printed
and laid on the table but to-day Senator Petit
grew revived the matter by introducing
luton on which several Senators may submit
marks in the course of few days. This reso-
luton almost identical In it's terms with the
following. adopted by the Senate some years
ago:
Resolved. That the Senate hereby expresses its
condemnation. Of the refusal OF the Attorney-Gen-
ate copies Of papers called for by It's RESOLUTION Of
rnttee on the Judiciary as in violation of his Of
cial duty and subversive Of the fundamental prin-
Hereof ''' ~ e''''''' anu ~ '''''''''' u ''''''
The occasion for the passage Of this resolu-
ton occurred in the first Cleveland Administra-
tion when Attorney-General Garland disobeyed
informal request OF the Senate Judiciary
Committee which at the time considering
the nomination of successor to the United
States District Attorney for the Southern Dis
trict Of Alabama. who had been removed from
office by President Cleveland. When this re-
quest failed TO be complied with a resolution
was presented in the Senate and passed unani-
mOusly. directing the Cabinet officer to trans
nit the papers TO the Senate. Instead of re-
spending TO this official and formal demand, Mr.
Garland pursued the same course which has
just been followed by Secretary Root He went
to the President who directed him TO inform
the Senate that the transmission of the papers
would not be compatible with the public in
terests.
Acknowledgement GarIand's refusal to obey
the Senate attracted widespread attention at
the time. The Judiciary Committee Of the Sem
ate, under the craftsmanship of Senator Ed
munds submitted an elaborate report. in which
II was asserted that the Attorney General was
not the exclusive servant of the President, but
was equally responsible to the Senate. II
also held that the legislative branch of the Gov
ernment had constitutional access to all official
papers and documents in the possession of the
various departments. and that either house
must have at all times the right to know all that
officially exists takes place in any of the de-
partments of the Government" 1t was als6
asserted that the refusal of a Cabinet officer to
obey the direction of Congress was almost un-
known in the history of the Government. The
report. which was exhaustive. was signed by
majority of the members of the Judiciary Com
mil n whom remains
the Senate.
The question Of he right of Cabinet officer
to disobey the Senate considered of enough
Importance to be the subject of special mes
sage from President Cleveland. in which he de-
fled the Senate in his characteristic fashion.
The debate was a long one. the speeches filling
a volume of considerable size. Mr.. Cullom. who
is still in the Senate. argued strongly to the
right of the Senate TO compel the production of
any papers asked for in a mandatory resolution.
Mr. Spooner-another present Senator-was es-
pecially emphatic in his argument. and insisted
that a Cabinet officer did not have the right.
even though he acted by the direction Of the
President to refuse TO obey the demand of the
Senate because he did not believe that the
tion of the Senate wise and proper. Mr..
spooner dwelt at length on the danger of allow
ing the President the right 70 judge for himself
whether official papers should be made public.
and then laid down this proposition:
/ deny that papers addressed to the head of a
department or to the President of the United
States touching the conduct of an officer, of
such a character that they may be properly
acted upon by either the head of the department
or the President. proper 10 be placed upon the
files of the department. relating to the transac-
tion of the peoples business in Of the peo-
pies offices can by any magic become the pri-
AanfI al am ms NJ tbo