The Birmingham age-herald., 1905-07-16
EXECUTIVE POWER
 EVER INCREASING President of the United States
 Mightlest of Rulers SOME FACTS POINTED OUT The Interstate Commerce Commission and the Question of Rate Max
 ing Incidentally Discussed.
 Where Danger Lies.
SOME FACTS POINTED OUT

Washington, July 15.-Among the few
 members of Congress and other politi-
 clans who have visited Washington re- gently there has been considerable in-
 terest in the views expressed by Charles A. Gardner in his address before the Phi
 Beta Kappa society in New York a few days ago. MT. Gardner spoke on "The
 Constitutional Discretion of the Presi- dent.' and pointed out how tremendous ly the power of the executive branch of
 the national government has expanded in comparison with the legislative and judi cial branches.
 MT. Gardner acknowledges that the
 framers of the constitution intended the three departments to be coordinate and to act as checks one on the other. He points out, however. that the executive
 department is the only one that has ex-
 banded to keep pace with the country's
 growth in power, population and wealth. He illustrates this by showing that if we
 had maintained the basis of representa- tion adopted at the time of the forma-
 tion of the government, Congress would
 number 1865 members, the supreme court
 123 and the executive force 41,0O0 In-
 stead of this Congress now numbers 476
 members, the supreme court 9, and the executive force 2i0000.
 This disproportionate increase, in MT. Gardner's opinion, is fairly representa- tive of the difference in the growth of
 power of the three departments. He does not hesitate to draw the conclusion that the chief executive of the United States is not only more powerful in law than the head of any constitutional monarchy. but is more powerful in fact than any so-' called absolute ruler.
 MT. Gardner does not look upon this vast and rapidly increasing power of the President as a danger to the nation, even though he recognizes the practical 1 impossibility of impeaching chief ex- l ecutive. no matter what his usurpation | of authority. But he reasons that no man can ruin the United States in four | years and that In the hands of a wise and progressive President the country can advance more rapidly and accomplish 1 more than was possible under our out | grown system of balanced powers in | which the executive was not supposed to interfere with the legislative and judi l cial functions of the government. He | pronounced a panegyric upon the ma l jestic and awe-inspiring figure thus pre-
 sented by the head of the American na- | tion.
 There is no doubt that MT Gardner pre- sents a view of the case that Is popular with a certain branch of the dominant political party. and particularly with
 members of the present administration. I While the growth of executive power | at the expense of other branches of the 1 government has been in progress Tor
 many years, there have been more open and deliberate attempts to expand 1t within the past four years than for. a generation back. There is no doubt that | the President being by nature believer l in strenuous activity, Is often impatient
 at the slow progress of Congress in solv- l ing questions that he wishes to have set | tied or that his great personal populari-
 ty with the people inclines them to his l support when he attempts to take such l matters into his own hands. This ten-
 dency is one often discussed here in
 Washington. but the very power of the
 executive who can make it very un- | comfortable for the ordinary Congress-
 man in Washington if he wants to, us- ually keeps them from talking about 1t | in public with the frankness of MT. Gard | iner.
 |