Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-21
Criticism at Capitol.

NIll1C1SIu az Sdp1JOl
The above expressions of opinion with
respect to the order of the President Gre
ating a council of fine arts of thirty
architects. painters, sculptors and land
scape experts. with fun power to pass
judgment upon the plans and sites for
public buildings, grounds and statues.
were obtained today from prominent
members of Congress.
Not one of these members displays any
evidence of personal feeling, nor do they
appear to consider that the creation of
this fine arts council Is a matter for seri-
Gus consideration.
Most of them use the word '.preposter-
GUS in describing the Presidents action
and say there is not the slightest posi-
bility that the commission ever will at
tempt. much less be permitted, to exercise
any powers attempted to be conferred
upon them by the President in his order.
Statutes Have Something to Say.
One big man of Congress, in discussing
the order, cited the urgent deficiency act
Of four years ago and called attention
to the following provision:
mo executive department or other
government establishment of the United
States shall expend, in any one fiscal
year, any sum in excess of appropriations
made by Congress for that fiscal year or
involve the government in any contract
or other obligation for the future payment
of money in excess of such appropriations
unless such contract or obligation is au-
thorized by law.
Nor shall any department nor any
officer of the government accept vOlun-
tary service for the government or EN-
nry-in ~
authorized by law, except in cases of
sudden emergency involving the loss of
human life or the destruction of prop
erty.
ut is apparent said the member in
question, that the provisions above
quoted are mandatory and prohibitive
and leave no loophole whereby the Presi-
dent could possibly find authorization
positive or negative, for the creation of
any such commission as he has attempted
to set up.
THE President is prohibited not only
from appointing such a commission and
compromising the members for their
services, but he is likewise prohibited
from accepting free and voluntary serv-
vices as well.
Characterized as Legislative Act.
But it is apparent, from the utterances
of the many members who discussed this
question, that they consider the language
used by the President in describing the
duties of the commission TO be the most
remarkable feature of the whole affair.
The executive order provides that:
Hereafter before any plans are formu-
lated for any buildings or grounds. or for
the location or erection Of any statue, the
matter must be submitted to the council L
have named and their advice followed,
unless for good and sufficient reasons the
President directs that it be not followed. :
One high-up republican who was asked
about that language and it's effect in the
remote possibility OF the order becoming
effective replied:
THAT order is designed to have the
force and direction of law. There is
no law on the statute books more manda-
tory and positive. Moreover as 1t stands,
it would constitute an abridgment of the
power of Congress to legislate. 1t would
be even more than that-a sort of right
of legislative repeal. vested in commits
sion of thirty. having neither form nor
legislative status
A Hypothetical Case.
For instance, l can give you an illus
tration of what / mean.
Just suppose that Congress, in the eX-
ercise of its constitutional prerogatives,
passed a law providing for the erection
of statue to John Smith. TO be SO many
feet high, to cost SO much and to be To-
Gated at such and such place
Under the enforcement of the Presi-
dents executive order creating this fine
arts council that law would be absolutely
null and void. imperative and ineffective,
even after being passed by the Senate and
the House and being signed by the Presi-
dent unless its terms happened to coin
eide with the views of the art council OF
thirty.
IF the council didn't like the location
or the legal height of the statue It could,
under the enforcement of the mandatory
language used by the President. calmly
set aside the congressional enactment,
the new statute. Congress could not
direct, with the knowledge Of knowing
it's direction to be legal. that such and
such a park should go here, that such
and such statue should be erected there.
or that such and such building should
be erected in this or that manner
Frankly speaking, / do not believe
that since the foundation of the United
States government that any President.
from Washington to Roosevelt inclusive.
ever promulgated such a ridiculous. a
preposterous and willfully illegal execu-
tive order as that made public yester-
day. attempting to create this commits
sion. Except for the spirit of intolerance
and carelessness of the law shown by
the President, l do not consider that the
order would be worthy Of serious dis
cussion by intelligent men,.
The Skv Line Commission