The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1905-10-15
independence of Congress

:
aid l know the Senate does not desire
a contest with the President. At the
game time, 1 think the President Will
do his duty according to his best 1udg-
nent, without fear or favor, ana
think the Senate Will do the same.
These are the words of Senator
Foraker to the Receivers and Ship
pers' Association of his home city,
Cincinnati, and it may fairly be as
sumed they were chosen with great
care that they might commit the au-
thor just SO far as he was willing to
be committed.
81 think the President will do his
full duty. without fear or favor, and
] think the Senate will do the same"
The only need for that sentence lies
in the Senator's desire to emphasize
the Senate's independence of the
President. 1t has the effect of say
ing. THE Senate will do its duty
in its own way" or, more specifical-
ly, "The President may recommend
but the Senate will decide in the
light of its own judgment, and its
own judgment only"
Such Development of Senator
Foraker's words might not be justi-
fed II it did not accord fully with
recent editorial expression in news
papers which stand with him on this
question of rate legislation. and with
the freer speech of other Congress-
men who stand with him and are I'M
willing to talk for publication. In
effect, the opposition TO the Presi-
dents plan is preparing to argue it
out of Congress, If that can be done,
On the ground that Congress is ex-
clusively the legislative branch of
the Government, that the President
can recommend only, and that he
is transgressing the proper limita-
tons of his Office when he attempts
TO control the course of legislation.
If they adopt this course they can
make out an impressive case. The
Supreme Court has proceeded from
the first on the theory that the three
functions Of goyernment-the legis-
lative, the executive and the judicial
were designed to be separate Yet
the argument cannot prevail Be-
cause neither the Supreme Court nor
any conspicuous lower court has ever
attempted to deny that the President
is part of the legislative branch of
our Government, not even in view
of the express declaration of the
Constitution that "all the legisla-
tive powers herein granted shall be
vested in a Congress of the United
States.
The reason is obvious As long as
the President is empowered to veto
the acts of Congress and as long as a
special strength in opposition to his
view is required to overcome the
legislative force of that veto, he is
distinctly factor in the formula
ton of legislation as well as in its
execution. Furthermore, the Consti-
tuition directs that ''he shall. from
time TO time, give to the Congress
information Of the state of the I'm
ion, and recommend to their con-
sideration such measures as he shall
Judge necessary and expedient.n
Within the spirit and the letter OF
the instrument. then, he can origi-
nate legislation, suggest the form
II shall take, and ultimately cast a
vote either for or against the meas
ure which Congress submits in re-
Spouse to his recommendation, which
shall outweigh the vote of a third
of both houses.
Under such circumstances surely
ii serves the cause of good govern
ment that he prevent, as far as the
frank expression of his views can pre-
, vent 1T, the enactment of legislation
which cannot obtain his approval
and cannot be reasonably expected
@ cooome law without his approval
To go further, IL must serve the
cause OF good government quite as
undeniably that he bring to bear on
his associate officials in Congress
the weight of the argument which
has brought him to his own opinion.
That is the direct and justifiable
course In the citizen and it is incon-
ceiyable that the Presidents Office
renders 1t any the less direct or JUST
fable in him.
No, any fight on any remedy pro-
posed by the President for any abuse
which depends upon the argument
that he has of right no hand in the
shaping OF legislation cannot appeal
to the support of the people who are
represented in Congress The same
Congressman who urge it are ready
to insiA on their right 10 interfere
in the executive function by control
ling the executive appointments in
their own districts; and their legis-
lative courses, ii good for the country,
l.