The Washington herald., 1909-02-11
NAVAL BILL VETOED
President Says Pardon for
DeSerterS Is Mistake.
CONGRESS IS TAKEN TO TASK
Supported by Opinions Of Cabinet
Officers, Mr.. Roosevelt Adversely
Reports on Measure Allowing Sec
rotary of Navy 10 "Usurp7 Pardon
ing POwers-Termed Illogical.

Accompanied BY adverse reports from
the Secretaries OF War and the Navy.
President Roosevelt yesterday sent 70 the
Senate q veto message on the act author
izing the mitigation OF remittance, in GER
tain cases. OF the loss Of citizenship I'm
posed By law upon deseTters from the
naval service
Less than a score Of Senators were
present when the message was read. tell
ing Congress that It should not seek 10
exercise a power to pardon. which, ae-
corGing TO the Constitution. rests only
with the President.
The Chief Executive succinctiy describes
the bill as gravely defective, and says It
goes far IN excess OF the recommends
tons Of the Secretary OF the Navy. The
language IS confused and conflicting. so
that the exact meaning Of the proposed
act Is lot plain" adds the President
But. IN the first place. Il IS clear that
while il provides for the abolition OF the
penalty OF loss OF citizenship in regard 70
deserters from TIRE army and navy. yet.
curiously enough & only specifies The
Secretary OF the Navy. and not the Secre-
tary OF War. as having power 10 nit
gate or remit the penalty IN question
Illogical Discrimination.
This alone would render It in the
highest degree inadvisable 10 sign the
bin: for, OF course. it cannot have been
the intention Of Congress 20 make one
sided discrimination OF an entirely illogi-
cal kind between the army and the navy
IN this matter
After referring 20 a certain decision OF
the Supreme Court. 10 support his con
tention that legislative control cannot
subtract from the President his pardon
/ Ing power. and vest a portion OF II IN
any other official. Mr.. Roosevelt adds:
such q provision would work great
wrong: FOR. II enacted into law. it would
( seriously embarrass the discipline OF the
military and naval services. and would
completely mislead public opinion as TO
the grave moral ObliQUsty involved N
the crime OF desertion-
''Desertions from the army and navy
are already a crying evil IN very many
cases the crime IS committed under cir
cumstances which show deliberate inten-
| ton and hardened indifference TO the IN
/ teTests OF the country. II appears. there
Z fore, that the present bill would actually
+ permit hardened offenders 10 commit g
heinoUs oTense against the flag and the
( Nation. that. as regards future cases
would refuse to permit discrimination be
! tween such offenders. and those whose
[ ofense IS comRitted under circumstances
which so mitigate Il as TO make Il CON-
paratively venial and really amounting
( 10 not much more than absence without
leave
"As already pointed out, It discrimin-
ates in most curious fashion. probably
quite unintentionally. between what (:
required in cases which arise in the navy
and what Is required in cases which arise
/ in the army
! In concluding. the President declares
there would be no objection 10 the pro-
posed act il Il were drawn Up so as e
! lodge the psrdoning power IN the Chic
/ Executive. who could then exercise Il
both as regards the army and the navy