The Washington herald., 1907-09-23
LEGALITY IN DOUBT
COaling of Fleet by Foreign
Ships Opens Question.
COATWISE LAWS IN TIE WAY
Congress Undoubtedly VIII Make
Inquiry at Coming Session If Adj
Employing Alien VesseIs--Attitude
Compared with Negro Soldier Case.

The projected excursion Of the Atlantic
battle-ship fleet TO the Pacific Coast IS
leading the administration TO adopt meas
Ures Of doubtful legality that win un-
questionahly form the subject of legisle-
tive inquiry when Congress meets next
winter
In its determination to carry out }his
project the administration is proceeding
10 certain degree along the same lines
offered in its defense for the dismissal
of a battalion Of negro troops without the
formally Of a court Of inquiry or court
martial. President Roosevelt took the
ground in the case Of the troops that. as
Commander-in-chief Of the army. he
could dismiss rs many battali0ns. or regi-
ments. if he chose. II he deemed it for
the good Of the service TO do so. and that
Congress might adopt resolutions galore
directing him 20 restore the officially dis
honored soldiers without causing him 10
turn one hairs breadth from the course
he had laid down His attitude in the
case OF the battle-ship fleet is apparently
similar. Enough has appeared to show
that the administration intends to carry
out its plans for the 1400-miIe voyage
without regard 20 what Congress has en-
acted in the past or may dc in the future.
Laws In the way.
There Is an aspect OF the fleet move
ment, however differing sharply from
anything that concerns the dismissal of
the troops, that viii give "a firmcr foun-
dation for contention that the President
shall pay some attention TO the views
OF the law-making branch Of the govern
ment. Whatever may be the prevailing
opinion as to the Presidents right as
Commander-in-chief to direct the fleet to
60 wherever he desires, there are certain
laws on the statute books apparently gro-
hibitOry of some of the ARRANGEMENTS
which the Navy Department is making
by the Presidents direction to insure the
success of the ocean to ocean expedition.
and Congress. Of course. has clear au-
th0rity to adopt measures Of protest
against the violation of its own enact
ments. This phase Of the circumstances
connected with the feet movement is be
ginning to attract some attention.
Tomorrow bids Will be opened at the
Navy Department for supplying coal to
the great aggregation Of armor-clads. and
bids viii be opened also for transporting
part of the vast tonnage of fuel necessary
to enable the vessels to sail 14.0CO miles.
In arranging for these bids the admins
tration apparently took into account me
criticism that would arise over the un-
precedented expenditure of public money
for the expedition. and with a view to
lessening that criticism. sought to cut
down the expense. not only by purchasing
coal in foreign markets. but went to the
extreme of throwing open the competi-
ton Of carrying the necessary fuel To
vessels of foreign register.
Violates COastwise Laws.
BY a broad construction of the Law
there appears to be some warrant for tho
Of foreign coal: but in hermit
ting foreign Golfers to compete with
American vessels for the contract of
taking coal from one American mort to /
another American port. or. for that mat
ter, Of carrying any coal intended for
the use Of the United States ships Of
war, it is contended that a wiIIful viola |
tion Of the coastwise and other laws Of
the United States is about to be com !
mitted.
What makes the alleged offense more
fragrant is that according to the under