The Washington times., 1904-09-22
COMMISSIONER WARE
DEFENDS AGE PENSION
Order No. 70 Right in Principle and in Law He Demon
StrateS-AnSwer to Parker Constitution Club

and executive precedent. No Demo
cratic President or Commissioner would
have that power. and General Black,
who hid been Pension Commissioner.
knowing OF this power. thought It wise
70 suggest that Congress put the ques-
ton beyond the reach Of his party BY
making an act done in pursuance OF
congressional authority the motive Of a
specific act
There being nothing wrong in principle
WIN OrQer No. Is. let US now examine
the particular charge Of rlncOnstftution-
allty which the Parker Constitution Club
sets forth.
The club finds President Roosevelt
responsible for the order and finds that
" contravenes section 9 Of Article I.
which reads as follows: no money
snail be drawn from the Treas ury but
In consequence OF APPROPRIATENESS rnade
by law"
Submitted to Congress.
History and the public records con-
corning order No. IS sncw that when Il
was made Congress was in session. that
the order was .lade March L. 1904, but
was not to go into force until April II
1904; that It was Immediately reported
TO Congress, with a request that s. 500. :
OOO be appropriated to carry the order
into effect.
The sum estimated was embodied IN
the pending deficiency bill and came ID
for quick discussion. As order No. "a
had been made under and by virtue OF
authority granted by Congress, there
was then one OF three courses to be
taken by Congress. First, II coHid deny
that tho authority was granted, deny
that the order was legal and refuse TO
pass the appropriation; secondly II
could repeal the law and abrogats the
order; thirdly, il could recognize the
order as legal and valid and vote an
appropriation to carry Il out.
Congress, after hearing what every
| body had to say. took a third course
and voted the one and half millions
| 10 carry il out
The Money Voted.
Congress having approved the order
and voted the money. the pensions be-
gan to issue under the order and to be
paid.
/ How did the Commissioner get the
money to pay those PENSIONS? How
did ne get it out of he Treasury? Did
/ Mr.. Roosevelt go to Mr.. Shaw and treat
/ him as Caesar did Metelius and take
/ the money away from him? No. Did
/ the Commissioner open the Treasury
I with crOwbar and abstract fhe money
/ No. Well how was ft2 Let US ask Mr..
/ Shaw. He viii say that not a dollar has
/ gone out Of the Treasury without an
| OF Congress and signed by the presiding
! officer Of each body.
| When Order No. g was issued Demo-
cratic newspapers offered four rene
dies: the Impeachment Of the Commits
| siOuer; the dismissal Of the Commits
/ siOuer, a mandamus to compel the Com
missioner TO do his duty as they under
/ stood II; and fourth. an Injunction 70
| restrain action on order No. q.
Congressional Acquiesceace.
The passage Of the appropriation bill
recognizing the Legality OF the order and
/ voting the money to carry II out ended
the consideration Of Tire remedies pro-
posed
This brings US around to the PROPOSE
ton stated by the Parker Constitution
/ Club in Report No. L. 1t reads: we
find that President Roosevelt deliber-
ately disregarded Article /, section g, OF
the Constitution, providing: No money
shall be drawn from the Treasury but In
consequence OF appropriations made by
| law "
I submit the proposition to any black
smith in the United States, with perfect
confidence that he Will see where that
eminent body Of lawyers mistOOk the
meaning Of that comprehensive dOcu'
ment.