The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-07
Secretary Shaw on the Power or
Congress.

I We advise the proper authorities to
remove Secretary SHAW from the stump
IL he cannot conquer his propensity to
utter paradoxical remarks in the way
Of campaign argument.
At Indianapolis on Wednesday Mr..
SHAW actually questioned the Consttu-
tionai power of Congress to investigate
alleged abuses and misdeeds in the
executive departments. The Secretary
ia reported as saying:
"a" Congress can amend the laws under which the
administrative departments operate, but the ad-
ministrative departments have sole authority to
operate.
IL fancy It would cause commotion II the Chief
Executive should send over a demand for copy OF
defeated bills in Congress and for the correspond
enee between Congressman and their constituents
with reference thereto Implying thereby that there
was something wrong.
IL fancy II would be a subject OF comment II
either OF the two coordinate branches OF the Gov
eminent should send to the Supreme Court for the
flcs in a given case and should ask for the CORE
spondencc between members OF the Supreme Court
and the supposed parties In interest. with the i'm
piled lnsnuaton that those high officials were be-
-ieved 10 be corrupt. The Democratic party Of 1890
implied that. at least, and many OF the leading
Democratic orators openly criticised the supreme
Court for Its decision holding the Income tax OF
1893 unconstitutional and some went far enough
at least 10 intimate something more than differ
of opinion. II Congress has the right TO nvest-
gate coordinate branches OF the Government with
out let or hndrance why was not Congressional
Investigation OF the Supreme Court proposed,
sH.lf one coordinate branch can invt stlgate an
other. independent OF impeachment proceedings.
u would seem at nrst blush that each coordinate
branch might investigate both the others"
II this means anything, it means that
in Secretary SHAw's opinion an attempt
by Congress to investigate the workings
of an executive department is as much
an invasion of the lines separating the
coordinate branches of the Government
as would be an attempt by the Executive
to investigate the proceedings Of the
Federal legislature or of the Federal
judiciary. 1t is a plea for the recogni-
ton Of the Executives independence Of
all supervision or examination.
T. The Constitution in Section of Article
!. invests the Congress with power:
To make all laws which shall be necessary and
proper for carrying into execution the foregoing
powers and all other powers vested by this Con-
stituton in the Government OF the United States
or In any department or oficer thereof"
That is, Congress has power to make or
unmake the executive departments, to
order their machinery and to alter the
SAND at will, and to provide the appro-
priations for carrying on the administra-
tive business of the Government in
every particular.
Does Secretary SHAW really believe in
the proposition that Congress lacks the
power to investigate at any time the
workings of the machinery it creates
and which it can at any time change or
abolish?
II he does, he will do well to keep his
belief to himself, at least until after cleo
ton. If he is only joking, his humor is
likely to be misunderstood by the voters.