The Washington herald., 1909-01-14

Senator Bacon. Of Georgia, made no.
table constitutional speech in the Senate
yesterday, In which he called President
Roosevelt to- sharp account for his disre-
gard of the constitutional rights OF Con-
gress-
The speech is the third this week in the
Senate, one being made each consecutive
day. in which the President has been ar
raigned by a Senator.
On Monday Senator TiIlman attacked
the President. and charged that he had
failed 20 execute the laws and bring z. H.
Harrimsn's southern Oregon road TO time
and compel forfeiture OF land grants for
breach OF the law.
Senator Foraker on Tuesday called pub
lie attention to the unlawful employment
Of detectives and the misuse Of funds in
the Treasury in connection with the
Brownsville incident
Distinct OHenSe Noted.
In his speech yesterday Senator Bacon
pointed out what ne regarded as a dis
tinct offense committed by the President
against the Constitution and laws. Older
tory Of the Senate, since the days of An
drew Johnson. when the President has
been the subject OF an attack IN the Sen
ate on three consecutive days.
The Chief Magistrate has really been
the unfinished business before the Sen
ate" said one Senator. Little other bust
Eess was transacted.
Mr.. Bacon held the rapt attention Of
the Senate for more than two hours.
Only Senator Hopkins Of Illinois, ven
tured 10 take issue with the Senator from
Georgia Senator Hale expressed the
hope that it would yet turn out that the
Presidents language in which he denied
the right Of Congress 20 call for Official
information from the executive depart
ments had been misunderstood
Historical precedents were cited by Mr
Bacon. and the great leaders Of the Re
publican party in the Senate in years
gone By were quoted in contravention OF
the attitude Of the President.
Mr. Hale, who supplied the garnish-
ments Tor Mr. Baeon's speech, suggested
that there was language in the Presi-
dent message refusing 70 allow Attorney
General BOnaparte 10 tell about the alb
soTption Of the Tennessee Coal and Iron
Company by the United States Steel Cor
poration. which suggested that he re-
garded the heads OF great department OF
the government as so many chiefs" sub
5ect 10 his order rather than responsive
70 the viii OF Congress which created
them and endowed them with power.
Assertive Resolution.
The resolution OF Mr.. Bacon. which was
allowed 70 lie On the table. is as follows:
Resolved b the Senate That any and ever psyb-
Lc document paper. CT record. OF COPY thereof On
me hle oi any department of the government relat-
e e any slolec- Whatever ever which Congress
n1s any giant q power jurisdiction. OF control
under The Constitution. and any information rels-
tTe thereto within the possession of The oBce- n
ne Departments. Is subject 70 the cal o. inspection
q me senate for Us use in the exercise Of is con
Stitutio11i powers and Jurisdiction
Mr. Bacon on resuming his address in
support OF the resolution, said the Presi-
dent had used language which amounted
70 plain denial Of the rights Of the Sen
ate, IN the message Of January 6.
Mr.. Hale, OF Maine. interpOsed the sug-
gestion that the Presidents message pre-
sented two distinct propositions I have
never heard The right Of the Senate 70
call for papers questioned before. and
hope the President has not questioned #
now The right has been exercised for
generations, said Mr.. Hale
Mr. Bacon then declared that the Presi-
dents refusal 10 recognize the Senate's
constitutional rights was emphatic and
peremptOry-" The President after de-
elaring Congress lad no right TO call for
information had actually given the in
formation
In view Of the Presidents denial Of
its constitutional rights. il was the duty
Of the Senate by resolution 10 reassert
those rights" he added. The Senator
made an extended constitutional argu-
ment 10 show that the Senate had always
exercised the right One important pre-
Cedent cited occurred under the first ad-
ministrstion Of President Cleveland. The
Senate had called for a letter written 10
the President about the appointment OF
United States Marshal in Alabama.
Mr. Cleveland refused. and the Ju-
dietary Committee. composed Of Senators
EvaTts. HOar. Ingalls, George. Coke.
and JacksOn-who were described by Mr.
Bacon as the most eminent lawyers IN
the history or the cOuntry'-had con
demned his refusal to send the letter as
Unwarranted-
Hopkins Opposes Measure
Mr.. Hopkins. of Illinois. expressed the
opinion that the Senate in the case OF an
appointment 20, or removal from. Office
called for Information because II exar-
c.sed coordinate powers in the matter OF
officers, but he questioned the right OF
one branch Of Congress to compel the
production OF information toucning any
other matter +. IN the discretion OF The
Executive. II is advisable to withhold il.
MT- Bacon replied that Congress de-