Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-27
R|GHTS!'0fEXEcUINE
Important Question Before the
Attorney General.
CREATI0N4of POSITIONS
RECENT APPOINTMENT OF PUBLIC
BUILDING COMMISSION.
congressman Hold That the President
Exceeded His Powers Under the
Constitution.

-
The Attorney General has before him a
request for his opinion as to the power of
the President to appoint men to offices not
specifically provided for by Congress and
to pay for their services and expenses from
appropriations for purposes in connection
with which their services are to be rem
dered. This opinion will be read with I'M
usual interest by senators and representa-
tives for the reason that almost to a man
they are firmly of the opinion that no such
right is lodged in the President and that
1t is not possible to legally create any Of
flee without specific sanction of Congress.
Public Building Commission.
This question arose through the appoint
ment by the President of a commission OF
five to locate public buildings in the Dis
trict of Columbia. The project for such
a commission is closely allied with the
project of the former park commission, ana
the work of the commission of five. 1t Is
understood, is to be solely for the purpose
of seeing that in all future building opera
tons by the government nothing is Done
not in accordance. with the plans OF the
to Congress.
These plans have attracted wide atten-
ton, not only in this city, but throughout
the country. But Congress never In any
future improvement of this city. Consid-
era BILE work has been done, however, since
these plans were submitted to Congress
that has been exactly in line with the
recommendations of the commission But
in many cases, in the location OF the
office buildings for the Senate and House
of Representatives, while the plans OF the
commission have been followed, they were
followed merely because they were Directly
in conformity with a project that had
been contemplated by Congress before the
park commission was in existence.
In connection with the location OF
building for the Department of Agriculture
the President appointed this commission
of five members, consisting of Mr.. bernard
r. Green and Messrs. McKim and Ohm
stead, who constituted the park commits
sion. together with Mr. Saint Gaudens,
who was closely associated with the park
commission in its work. They were ap-
pointed without compensation at first, but
attention having been called to the para
graph in the deficiency bill approved by
the President March 3, 1903, providing that
there should be-no such voluntary service
under the government, the President Or
dered that the five commissioners be given
a salary of $40 a day while employed and
be allowed travelling expenses out OF the
appropriation for the new Department OF
Agriculture building.
While the proposition to allow the COM
mission to give its services voluntarily was
declared to be an Illegal act the next propo-
sition to allow 1t compensation was de-
clared to be still more in violation or the
law by many senator's and representatives
who took a deep interest in the appointment
of the commission. They said that by the
appointment the President had created hve
offices which, they are convinced, could De
created only byla SPECIFIC act OF congress;
They declared that IL the President could
create five offices he could create thou
sand, and that IL he could allow to TINS
commission compensation at the rate or
$40 day while employed and allow their
10 them
nual salaries, and In that way provide Tor
permanent offices of which Congress has
never heard and for which it never appro-
priated NF"-
The Constitutional Prohibition.
The second section. of the Constitution
alone, 1t is claimed, would bar the Presl-
dent from making any appointment to an
office except in cases in which that power is
given to him by Congress. 1t Is provided In
that section that the President shall nom1-
nate and by and with the advice and con-
sent of the Senate, shall appoint ambassa-
DORIS other public ministers and consuls'
Judges of the Supreme Court and all other
officers of the United States. whose APP
pointments are not herein otherwise pro-
vided for, and which shall be established
nv law. but the Congress may by law vest
the anpointment of such inferior officers as
thew think proper in the President alone, In
the courts OF law or in the heads Of de-
partmentS."
tho creation of offices such as the COM
mission of five appointed by the President
is declared to fully bar the President from
filling such places
Forbidden by Statute.
In addition to the above restriction Con-
gress passed an act August D. 1857, proVid-
ing. in part that mo civil officer, clerk.
craftsman, copyist, messenger etc, or other
emnloye shall hereafter be employed at
the seat of government in any executive
department or subordinate bureau or office
thereof or be paid from any appropriation
made for contingent expenses or for any
specific or general purpose, unless such en-
ployment is authorized and payment there
fore specifically provided in the law grant,
ing the appropriation.
All these restrictions of the powers OF
the President in the creation of an office
will be considered by the ATTORNEY Gen
eral. who will shortly render an opinion as
tc the authority of the President in such
matters The appointment of this COM
mission IT is said, is of the same nature as
the appointment of a foreman or super
intendent to do something in connection
with the location and construction of the
building, the appropriation for which is to
be the fund from which the salaries are
to be paid.
Whether or not the Attorney General will
be able to secure some Interpretation OF tie
law under which he will advise the Pres
ident that he has sufficient power Is
question of great interest to many people
in Congress- If such should be the case,
the powers of the President will be very
much greater than they are supposed to
be by most of the men who annually ap-
propriate money for the needs of the gov