The sun., 1904-11-03
AN ANSWER TO THE p. &C.
Brooklyn Lawyers Defend the Constitu'
tionality OF Roosevelt's Acts.

tionality OF Rooseyelt's Acts.
The Roosevelt and Higgins Lawyers
Campaign Club of Brooklyn some time
ago appointed a committee, composed OF
John j. Allen, James McKeen, Gen. Horatio
G. King, Joseph A. Burr, Gen. Theodore
B. Gates. with George @. Reynolds, presi-
dent OF the club eI-offioio, to examine
and report upon the charge Of unoon-
etitutionai action onithe part Of President
Roosevelt. This committee has reported,
and the report has been unanimously
adopted by the club.
The committee considered merely the
pension disability order and the Panama
matter. The Constitution and decisions
OF the Supreme Court OF the United States
are cited to show that while the President
has no legislative power, numerous direc-
tions Of the Congress necessarily confide
to him the determination of conditions
which shall attend or control the operation
of the laws. Thus both the Constitu-
ton and the statutes recognize the ex-
stence of Presidential functions not def
nitely expressed and in continuing harmony
with the developing nature OF our scheme
of government.
With this in view, says the report, the
constitutional power TO formulate the
rule. declared in the pension order referred
to, is not doubtful. The Executive De-
|
for proving disability. From time to
time such general rules have been made
by former administrations. both Republican
and Democratic. Inability to earn al
the age Of 90 had been held pensionable
where age was the sole cause. Then the
report adds;
Latterly the expense and burden of medi.
cal exam tions having become great and
the proofs showing that as per cent. of the
applicants were pensionable at the age OF
| haN ant( aatlt tn mi IN
IN IN terms a U The general Sute Of, Of evidence thns
| already self formulated by record and ex.
perience. Accordingly II was declared that
sidered as an evidential fact II the contrary
does not appear Of reduced earning ability
met " which render the applicant pensionabl,
| for some degree OF such disa bility.
This rule merely afirmed an existing pre-
only within the constitutional powers o
! the President. but sanctioned by reason AND
good judgment
Taking up the Panama matter. the com
Of executive power was involved Panama
had long been subject to protectorate
| on the part OF the United States, attended
by the exercise of the police powers necee
sary to the maintenance Of open Isthmiar
transit. BY successful revolution she
being established. was recognized not onl,
by the United States. but forthwith bv
other leading Governments Of the world
! The report then states:
| u 10 a familiar principle controlling in
terna atlonal relation that every nation mus
| decide for itself whether an Independent
| State be really established. and heed mo-
! await acceptance Of the fact by the opponent,
| OF the revolutionary effort. Such decision
| is purely political and solely within the func
| tions Of the Executive. The rule Rovernns
| such decisions. as generally conceded. is that
| the absence OF active efforts to restore the
| old order Of things by war justifes recogni'
| tion OF the new Government. In this view
| the action Of the President in the Panams
| ir It's legal aspect, within the purview OF tn,
| Constitution.
| The Supreme Court of the United State,
| has repeatedly declared thnt IL Is for tn,
| Executive to decide whether a new Govern
| ment shall be treated as sovereign in fact.
| The conclusion from the foregoing mus
| be that each of the Presidents acts referred
| to was not only constitutional, but wise eX
| ercise Of executive power.