The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-04
WOULD IMPEACH WARE.
New York World Condemns Ac-
tiOn of Commissioner.

Under the caption should Ware be
Impeached? 2" the New York World
says:
In section 9 of article L of the
United States constitution it is pro-
vided that
mo money shall be drawn from
the treasury but in consequence OF ap-
preparations made by law
In Frisbie VS.. the United States, 157
u. S. $50. the supreme court ruled:
CONGRESS being at liberty to give or
withhold a pension, may prescribe
who shall receive it. No
man has a legal right to a pension
and no man has legal right TO IN
terfere in the matter OF obtaining
pensions for himself or others. The
whole control of that matter is within
the domain of congressional power"
This is the law of the land. inter
preted by its highest court, never DIS
puted, never until now questioned NO
1 officer charged merely with the eXecu-
ton of the laws has the right either
to draw money without the authority
of an act or to decide who shall re-
ceive grants or pensions Every prln-
ciple and precedent of Anglo-SaXon
government forbids such usurpatOn
by the executive. We have to go back
to the time OF Charles l of England
to find a similar attempt on the part
!
though Charles I did levy taxes and
raise loans by his own authority to
carry on war with Spain. yet when his
third parliament met in 1928 the pc
tition OF right" was framed which set
forth that the king could not levy
taxes except with the concurrence of
parliament. and the king was forced
to assent to that declaration Incl
dentally, and without bearing upon
the present controversy, King Charles
also lost his head Specific law gives
the commissioner of pensions no
power to legislate. His duties are
laid down in section All of the revised
statutes:
The commissioner of pensions shall
perform under the direction of the
secretary of the interior such duties
in the execution of the various pen
sion and bounty land laws as may be
prescribed by the president"
The commissioner is to execute the
pension laws. He is not even to de-
eide upon their Interpretation. Fol
section 356 of the statutes provides
the attorney general on any questions
CT law arising in the administration
f his department" and section 361
directs the attorney general to give
such advice when requested.
The constitution of the United
States, in section 4 of article 2, pro
vides that
.'All civil officers of the United
I
on impeachment for and conviction
of treason, bribery or other high
crimes and misdemeanors."
Aside from the evident purpose OF
pension usurpation. which is the
/ bribery of voters by money paid with
out appropriation made by law
/ does not the order given for such mis-
| appropriation constitute a high mis-
/ demeanOr within the meaning of the
/ section quoted? Does it not render
Pension Commissioner Ware liable tC
impea chment by the house and to tria
1 by the senate?
Why Ware?
| Under the above head the Sun com.
ments as follows:
Our neighbor the World will add Il
the value of its remarks on the out
rageOus executive order in regard t.
age pensions if it points out why ths
Impeachment proceeding it is nov
discussing should be directed agains
Commissioner Ware in particular
was it his signature or that of thu
secretary of the interior that mad,
he order valid?
Is it proved that he recommends
or even favored that order?
Has he paid out a dollar vet on tn,
strength of that ORDER?
The ethciency of impeachment pro
eeedings is at all times doubtful Sucl
trial IS apt to turn on political con
siderations rather than judicial I
there no better and surer way to tes
the legality and constitutionality o
ne executive order of March IS?