Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-03-04
THE CITY ELECTIONS THE STEEL MERGER|
and The EXECUTIVE, The CABI.
net and Congress.
Powers of the Pre- Sident, the Duties
OF Cabinet Officers and the Pow.
erS OF Congress, Anent the Con.
trOverSy Over the Steel Trust
Merger.

Controversies have occurred before
now between the Executive and Con-
gress somewhat similar to that which
has arisen between the President and
the Senate over the Tennessee Coal
and Iron merger. Our constitutional
system is one of "checks and bal
ances," and inevitably the authority
Of the several branches of the gov
ernment must here and there overlap
The right Of the president to exer-
else discretion as to giving or with
holding information desired by con-
gress is above question. Indeed, the
usual formula of congressional re-
quests for information is that the
same be given 'if not incompatible
with the public interests Wash
ingtOn, Jackson, Polk and Lincoln are
on record as having declined to COM
ply with specific demands from con-
gress, but in three instances there
was involved possible breach Of
confidence with a foreign power then
in negotiation with this government;
and Lincoln refused to give publicity
to the communications from Major
Anderson at Fort Sumter in the grav-
est crisis of our national history. The
information withheld by President
Roosevelt concerned with a matter of
domestic administration pure and
simple, and it is hard to understand
how a communication of the facts
would have prejudiced any public in
terest.
AS long ago as 1927, an Attorney
General of the United States gave
his opinion to the effect that the
power Of the president to order the
discOntinuance of suit is unchal-
lengeable; "for it is one of his high
est duties that the laws be faithful
ly executed, and, consequently, that
they be not abused by any officer
under his control to the grievance of
any citizen" The pardoning power,
after actual conviction, might be pre-
sumed to include the authority to
stop official prosecutions or to direct
a "nol-pros" to be entered when the
interests of justice and equality
would seem to be best served there
by. Authority to cause proceedings
to be taken would seem to imply the
converse authority to direct their dis
continuance in a proper case; but
only in proper case. An agreement
by the president in combination with
the Attorney General not to prose-
edcute certain persons who contem-
plated an act in seeming violation of
regularity; and the curt reply of
President Roosevelt to a congress
seeking information that the affair
was none of its business surpasses all
precedents in arbitrariness and dis
courtesy. Executive discretion, such
as the constitution allows, is far re-
moved from autocratic prerogative.
The presidents direction to Attor-
ney General Bonaparte to hand over
the documents in the case and their
deposit, for greater security, in the
executive vaults, brings up the ques-
tion of the status of cabinet officers
vis-a-vis their chief, on the one hand,
and congress, on the other. Re-
quests from congress are frequently
directed to the heads of departments
and answered by them without refer
ence to the president. The view en-
tertained by President Grant that the
members of the cabinet were his per-
sonal subordinates, with no indepen-
dent duties, and whose functions he
might at will assume himself, was
emphatically controverted by Senator
Sherman in his memoirs. Caleb
Cushing, one of the highest author
tiles on constitutional law, while At
torney General, pointed out the three
fold responsibility of the heads OF
departments; firstly, to the president,
whose confidential advisers they are;
secondly, to the law, which directs
their performance of certain acts;
and, thirdly, to congress, which Gre
ated the departments and prescribed
most of their duties. Cabinet officers
owe obedience to congress as we'll as
to the president. A demand from
congress on cabinet officer appar-
emily would not be satisfied by the
statement that the president forbade
compliance.