The Montgomery advertiser., 1908-02-12
HOLDS UP PAY
 OF BANKHEAD House Turns Down the Senate's Amendment. QUESTIONS LEGALITY OF ACT MI. .Tawney Urged House to Defeat
 the Motioa. Amount Due Senator Bankhead is Nearly Two Thousand Dollars fer Services on Inland water
 ways .Committee.
 
QUESTIONS LEGALITY OF ACT

Washington, Feb. 11.-The legality of the creation by the President of the in- land Waterways Commission. was ques- tioned by MT. Tawney (Minn), Cnair- man of the Committee on Appropria- tions in the House of Representatives today.
 The point was raised when Mir. Taw- ney urged that the House disagree to the Senate amendment to the urgent defic.ency bill, granting $lsS7b to sena- tor John H. Banlxhead for services as : member of the committee. Mir. Taw- ney directed that he did not question the motives of the Chief Executive. put insisted that his action was Wisnoat authority of law.
 A difference of opinion was enter tained by Mir. Crumpacker IndJ. who claimed that in extra constitutional and legal matters. the President oio have authority to incur expenses or tnla character and he cited the Anthracite Strike Commission.
 Do you understand the President has power to commit this House to an ap- proprIation in violation Of law ans ouifed Mir. Livingston (Ga.l.
 .'No,'' replied Mir. Crumpacker. Dut he is not forbidden by law to appoint voluntary commission to gather mate. rial for his own Information. gathered for the Government.D
 Replying to Mir. Fitzgerald -tN. Y). Mr. Crumpacler said he assumed the Commissioners had not been paid,
 "But they have been paid. insisted Mr. Fitzgerald, land 1t is possible to ascertain from what fund"
 Mr. Tawney challenged Mir. Cruus hacker on the strength of his state rnent to say why the Government should pay the expenses of the Com mission, but Mir. Crumpacker asserted that he was claiming that the Govern nient should pay these expenses.
 tAs, a matter of facts' retorted Mr. Tawney. these expenses have not been paid ana cannot be under any law now in force" s
 MT. Underwood (Ala.) did not think the House should ufatrdwe one oE its old members. Congress- hs declared, had no authority to llrfik S5s exacutive power. and he assumed tfss President had the power to appoint sotamlaalon- ere whenever he saw dt. He admitted. however. that Congress could reject any claim for pay of such Commission- CTS, bnt that the Presidents supposed violation of law was another matter. The appointment sought Mir, Bankhead while he was out of Congress, said Mfr. Underwood. because he had been an experienced member of the Committee on Rivers and Harbors, and the Presi- dent Knowing Mr. Bankhaad's financial condition. had promised him reasonable compensation for his service. On those conditions, he said. Mir. Bankhead ac- cepted the appointment.
 Mfr. Tawney asserted that if Con- eress pays the claim, virtually it would be acquiescing in the unauthorized cre- ation of commissions. A motion by Mir. Underwood that the House recede and concur in the amendment was lost--56 to i01.
 A motion by Mir. Needham (Cal.l that the House accept the Senate amendment fixing on the United States. instead of of s60, ,000 in the land conspiracy trial of Messrs. Hyde. Dimond, Benson and Schneider. provoked lengthy discus- sion. The motion was lost and the bill thereupon was sent back to conference.