The Washington herald., 1908-05-09
Government hy LegislniLon.

UONSfumeut Dy Legislation
While Senator Teller was decrying the
extension OF the Forest Service as Fed
eral usurpation Of State rights, Frederic
]. Stimson, chairman Of the Massachu-
setts Democratic convention. was deeIar-
ing that ell other issues should give way
before the cardinal one of Capitalization.
To Mr.. Stmson's mind the very fabric Of
the Constitution is IN peril-the liberties
Of the people in danger;
The astonishing proposition is advanced that it
Is Tor the President to determine whether and when
tho States have any rights and for the President
TO Judge whether the people have WTougs which
should justify him IN setting aside the Constitution
without their consent Personal power is 10 be
substituted for a general law. Executive oHicars
are 10 determine not only what the law is but
what the law should be. Laws are not to be
made impaTtially By legislative bodies applying 70
every one, but ara % be enforced OF suspended az
The pleasure Of the Executive. The Attorney Gen
erai and the prosecuting officers are not 20 treat
all corporations and al combinations alike. but
may pick out which they shall prosecute and which
they shah leave immune. In other words. the
Executive body is both TO make the laws and punish
the offenders"
Mr.. StimsOn's rhetoric is somewhat
weakened by the fact that most OF the
Capitalization against which he Is in
Weighing is for the moment, at least. on
paper II is not yet accomplished in leg
islation, or even in Executive act. 1t is
still merely the thunder OF the Presi-
dents artillery, to use Mr.. Stimson's
phrase. But there is substance in what
Mr.. Stimson says about the substitution
Of personal power for general law. That
is a growing feature of the Federal gov
erHment, to which Congress contributes
annually by fTaginentary and iIl-consid-
cred legislation. or by the omission Of
legislation. What a remarkable thing it
is, when you reflect upon it. that the
President should be intrusted. by pure
negligence. with the government Of the
Canal Zone. He is sole IaWgiver there
the whole political fabric exists by Ex-
ecutive order. Congress merely pays the
bills, appropriating whatever the Execu-
tive asks for. That is an example on
large scale of what is done ON smaller
scale with departments and bureaus
Lump sums are appropriated, which Ex-
ecutive officers may employ as they
see fit-the area Of Executive discretion
is extended by giving persons authority
TO determine what Congress ought 10
settle by law. The Public Printer. for
example. is voted 100000 to expend ac-
eording 10 his own judgment. and pro-
posed restrictions on his action are voted
down. Instances where Congress not only
shirks responsibility for the disposition
Of public funds, but also responsibility
for the direction Of administrative Off
GERS. might be multiplied Indefinitely.
The point frequently overlooked in dis
cussion Of Capitalization is that Congress
sits idly by and let's it grow by what
il feeds on. If we are to have a govern
ment by laws, we shall require q law
making body willing and capable TO iegis-
late and TO exercise its prerOgative 10
The full. A Congress unable 10 cope with
the problems Of government must per-
force surrender them to the executive
department-and foot the bills.