The Birmingham age-herald., 1908-02-12
Legality of Appointing Wattr- ways Commission is Ques-
 toned Seriously
PAY FOR BANKHEAD
 UNDER DISCUSSION
Power of President To Form the Com mission Is Debated By Tawney, While Underwood and Crum-
 packer Defend Such.

Washington, February 11-Interest in the proceedings of the House of Representa- tives today attached to a mild criticism of the President by MT. Tawney, chair man of the committee on appropriations, for having, as MT. Tawney charged, ap- pointed the inland waterways commission without authority of law. The debate was on the urgent deficiency bill, and grew out of a Senate amendment to pay John H. Bankhead, now senator from Ala bama, for his services on the commission. The right of the President to appoint such commissioners was upheld by Messrs. Crumpacker of Indiana and Underwood of Alabama. The House, however, re- fused to accept the amendment.
 Tn a vigorous speech, MT. Harrison of New York condemned Secretary of State Root for his manner of handling the ne- gotiations with Russia regarding pass ports to Russian Hebrew citizens of the United States, while MT. Lowden of IT, linois with equal force defended Secre- tary Root. saying the negotiations would result satisfactory to Jewish citizens de- siring to visit Russia. The Indian ap- propriation bill was discussed for some time, and was amended in several impor- tant particulars. Its consideration was not concluded.
 Another of the large supply measures. the legislative, executive and judicial ap- propriation bill, was reported and the House at 5:1S p. m. adjourned
 TaWney Raises Point.
 The legality of the creation by the President of the inland waterways com mission was questioned by MT Tawney of Minnesota chairman of the committee on appropriations. The point was raised when MT. Tawney urged that the House conferees disagree to the Senate amend- ment to the urgent deficiency bill granting $l7S5 to Senator John H. Bankhead for services as a member of the committee. MT. Tawney directed that he did not ques- tion the motives of the chief executive, but insisted his action was without au- thority of law.
 A difference of opinion was entertained by MT Crumpacker of Indiana, who claimed that in extra constitutional and legal matters the President did have au- thority to incur expenses of this charac- ter, and he cited the anthracite coal strike N mmission.
 
 iJpower to commit this House to an appro- priation in violation of law?' inquired MT. Livingston of Georgia.
 No" replied MT. Crumpacker, 'but he is not forbidden by law to appoint a voluntary committee to gather material for his own information gathered for the government
 Replying to MT. Fitzgerald of New York MT. Crumpacker said he assumed the commissioners had not been paid.
 But they had been paid" insisted MT. Fitzgerald, and it Is possible to ascer- tain from what fund"
 Challenge Given.
 Mir Tawney challenged MT. Crumpack- CT on the strength of his statement to , say why the government should pay the expenses of the commission, but MT. Crumpacker asserted that he was not claiming that the government should pay the expenses.
 ''As matter of fact retorted MT. Tawney 'these expenses have not been paid and cannot be under any law now in force.''
 MT. Underwood of Alabama did not think the House should misjudge one of It's members. Congress, he declared had no authority to limit the executive , power and insisted the President had powers to appoint commissioners when ever he saw fit. He admitted, however. that Congress could reject any claim for pay of any such commissioners. but that the Presidents supposed violation of law was another matter. The appointment sought MT. Bankhead while he was out of Congress, said MT. Underwood, be- cause he had been an experienced mem Der of the committee on rivers and har- bors, and the President knowing MT. Bankhead's financial condition, had prom ised him reasonable compensation for his services. On these conditions, he said, Mr. Bankhead accepted the account. MT. Bankhead asserted that if the claim is paid virtually it would be acquiescing in the unauthorized creation of a com mission.
 A motion by MT. Underwood that the House recede and concur in the amend ment was lost, 56 to 101.
 AAmotion by MT. Needham of California that the House accept the Senate amend meht fixing on the United States instead of the District of Columbia the expenses of $6O,0O0 in the land conspiracy trial of Messrs. Hyde, Dimond, Benson and Schneider, provoked a lengthy discus sion. The motion was lost and the bill thereupon was sent back to conference.