The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1905-01-27
BY THE ADMINISTRATION.
Assumption by Executive Officers Of
the Functions Of Repre-
sentatives.

Secretary shaw he's issued the ex-
pected ruling allowing the drawback
or rebae OF duty paid on by-pr0ducts,
as well as -four mace from imported
wheat 1t was expected because it
was asked for by powerful special in
/ terests. and they h3 re a habit Of get
I ting what they want from this admin
4 istratiOn when they stand in with IT.
/ II was expected, Gays the ST. Paul
I Globe, because both the treasury de-
! partment and the department Of JUS
I tice have been searching the files and
/ the precedents for weeks past with
\ the object Of discovering some ground
for just such action as they have taken.
Nobody has allowed himself TO con-
slider the propriety Of the act or the
4 limitations that should surround ex-
ecutiye authority. The whole qucs-
ton has been not 10 find out what
ought 10 be done what could be done
under a right Interpretation Of the
law. but TO discover if an nterpreta-
tion Of the law could be made by any
forced or twisted construction. which
would meet the wishes Of executive
officers and their powerful friends
We repeat that We 60 not quarrel
with the practical eject OF the rule.
The millers ought 70 have free Wha lt.
They should have il because the tariff
on wheat Is an utter frard a sham and
a lie The tax is imposed 70 fool the
farmer into the belief that be is get
ting something in exchange for the
sums flched from him under the guisa
OF protective duties On everything that
he uses. Il could be wiped out Of eX-
istence tomorrow and no farmer il
the United States be penny the worse
for IT, That would conflict with the
plans OF the tariff beneficiaries, how
ever. and they insist that it shall re-
main on the books. but that all power
should be taksn out Of il as far as the
millers are concerned. Hence the rul-
ing Of Secretary Shaw. which is SO
absurd upon the face Of ii, so forced
and strained. that IL is below the level
Of common contempt
The most serious aspect Of this ac-
tion is one to which we have already
called attention. II is the assumption
b. executive Offices OF legislative
functions II there is any principle
fundamental To this goyeyment. il IS
the distribution Of al power in this
country among the three departments.
executive. legislative and judicial. and
The laying down Of the fixed law that
rOre OF these shall pass over the boln-
darics or trespass upon the powers and
privileges OF any ether When this
rule shall be abolished or generally
disreearded. we must have usurpa-
ton. because the department that suc-
Cessfuily takes rrerogatives from
another must eventually become su-
prome Secretary shaw has no more
right to make a ruling like this d.
roctly negatiying a law regularly
passed by congress than President
Roosevelt has to order the arrest and
Imprisonment az some citizen without
warrant Of law.
The incident is not singular The
habit Is becoming common. One de-
uartment officer af-er another. some
times with a good rotive and driven
10 imparcnce by congressional delay,
sometimes through mere love 81
mower and desire 20 increase il. some
times, like Secretary Shaw. wishing
To placate interests SO powerful that
The government Itself bows before
them. issues an arbitrary order that
supersedes law and yetoes IT, To allow
this without protest is a far more
serious matter than To grant or refuse
A draw back Ii Is 20 consent to the
blending Of three departments Of gov
eminent in one 70 diminish the pre-
rosative Of the legislature and trans
r fer IL to executive officers. No coun-
{ try IS so free and no people so intelli-
3 gent that this form Of illegal action
{ can be tolerated with impuniiy
"A man who was locked up in re
frlrerator car imagined that he was
freezing TO death. and actually died. al
though the car was not iced. such ~
imagination is equaled orly by those
who imagine that tho trusts are frighi
encd hy an this administration anu
trust tnik The Commons
President Roosevelt was an
moved when ne found that Secretary
paul Morton had been violating th'
interstate comm,rca law. 20 The inter
est OF a trust. perhaps" remarks tt'
rochester Herald. "thc secretary wa
tr,tnrfv affected. III is HCry annoy