The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-05
Personal Government In a Tanglc

The very language Of Mr. CANNoN's
bill providing compensation from the
United States Treasury for the mem
bers and servants of Mr.. RooSEvELT'S
Anthracite Commission recognizes the
stark illegai,v of the Presidents act.
The only defence of the attempt at
Federal intervention bet tween employers
and striking employers in the State Of
Pennsylvania has been that Mr.. RoosE-
WELT was acting in his capacity of private
citizen as THEODORE ROOSEVELT. Citi-
zen of New York and not as President
of the United States.
If he nominated the Commissioners as
President, he acted without warrant Of
law. he created offices not previously
authorized by existing statutes, and he
therefore assumed To exercise powers
belonging to the Legislative depart ment
of the Government.
But Mr.. CANNoN's bill declares that this
is exactly what Mr. ROOSEVELT did. The
So, 900 is Appropriated for the expenses
of the Anthracite Coal Commission in
the performance of its duties such COM
mission having been appointed by the
President" Such are the words of the
Cannon bill
OF course, if the bill had described the
Anthracite Commission as a body APP
pointed by THEODORE ROOSEVELT, a cti-
zen of New York, the request for an
appropriation of public funds where
with TO pay the personally apponte ed
Commissioners could by no possibility
have received a single favoring vote in
Congress
The further ENHANCEMENT wrought by
such an attempt at personal government,
outside the province Of tho Executive
and beyond the limitations imposed upon
him by the Constitution is manifest in
another part Of the Cannon bill The
author of that measure was compelled
to insert this provision:
such compensation las may he Fixed by the
President to be paid notwithstanding the pro
visions of sections 7os lie, and 1905 Of the Re
visei Statutes
These are the statutes which prohibit
the payment of a double salary, under
any circumstances, To Federal officer
or employee already receiving at least
S2.5o0 year, or any compensation for
extra services performed by a Federal
officer or employee, or additional pay
Tor the disbursement of public money,
or for any other service whatever, I'M
less expressly authorized by law" and,
again, unless the appropriation there
FOR explicitly states that it is for such
additional pay, allowance or compcnsa-
ton"
1t is a grave question whether the
Cannon bill, as already passed by the
House. Is so drawn rs to overcome the
prohibitory force of the sections speci-
fed. Those statutes require an express
authorization of the double salary. and
an explicit statement of the extra COM
pensation here proposed, This suisse
quent attempt at authorization Is neither
express nor explicit in that it merely
proposes to turn over 10 the President
lump sum, to be apportioned by him at
his own pleasure in the form Of double
salaries and extra compensation.
But these complicat cd and mischievous
entanglerncntS arising from the Execu-
tlves excursion beyond his Constitu-
tonal functions are insignificant in COM
parison with the moral effect Of the
precedent
II will be bad day for our estab-
lished institutions when Presidents
personal sense of duty and individual
ideas of eXpediency are substituted for
the enacted law as it stands in the statutes
as the guide to his official action There
will be danger in the air when the Con-
greSs complaisantly acquicsccs in the
assumption Of its own powers by any
Chief Magistrate, no matter how cy-
cellent his intentions or how great his
merits AZ philosopher and sociologis,.