Evening star., 1909-03-14
SENT OUT BY! P|NcH0T
RooseveIt'S Views on Commits
sions Circulated.
REBUKE TO. CONGRESS
Denunciation of Advocates Of Sec.
tion 8, Sundry Civil Act.
ACCOMPANIED SIGNED BILL
Then President Asserted That Execu-
tive Purposes in Peoples Behalf
Could Not So Be Defeated.

or less mystiied over the receipt Of copies
Of section of the sundry civil act. which
curtails the usefulness Of such commits
sions. accompanied by copies Of a memo
randum prepared by the former President,
explaining why he approved the sundry
civil bill and contendlng that the section
against commissions is null and void.
These documents were forwarded by
Clifford Pinchot. chief of the forestry divi-
sion of the Agricultural Department and
member Of the conservation commission.
His close relations to MIR. Roosevelt un-
doubtedly explain his action in this
matter.
The documents were unaccompanied by
any explanatory letter. The recipients
are not clear as to what is expected of
them.
One of them said yesterday that 1t was
fair inference that the sender's purpose
was to show that commissions already In
existence are not affected by the legisla-
ton in question.
A curious thing about the memorandum
is that while it is dated March 4. 1909, and
is supposed to have accompanied the
Presidents notice to the houses of Con-
gress that he had approved the sundry
civil bill, 1t did not take the course Of
such documents and was not made public,
except in a brief given to the press by the
then President. It is remarkable paper
in many respects and was undoubtedly
designed to nullify the avowed purpose of
abolishing the various presidential COM
missions.
Mr.. Roosevelt's Comment.
1t is headed Memorandum Of the Presi
dent accompanying his signature to the
sundry civil bill 1909" and reads as fol-
lows:
II have hesitated long before aff1xing
my signature to this bill. and If 1t were
earlier in the session, or II the bill con-
tanned a less number OF important propo-
sitions of benefit to the country, ! should
certainly not sign It. Moreover. II section
of the bill, to which subsequently re-
fer, were operative according to its evil
dent intent. should be forced to veto the
bill anyhow.
but 1 have concluded that this section
Is not operative to the extent that its
trainers evidently hoped, and that the mis-
chief 1t will cause. though appreciable.
can be sufficiently remedied by the action
of the executive to warrant my permit
ting the bill to become a law. in view Of
all the considerations surrounding the
case.
'The secret service provision is left
practically as 1t was year ago. AS I
have said repeatedly In official communi-
cations, this action is Of benefit only to
the criminal classes The ACTION of the
executive, however, through the Depart
ment Of Justice. in organizing in that de-
partment a body precisely similar to- the
tion gradually to Offset the damage done
to the cause Of honest government by the
action OF Congress last year.
Extraordinary Course Justified.
"T1lis action Of the executive was taken
under already existing law and without
any special authority being conferred
upon him by Congress. and was strik-
ing instance Of the fact that the execu-
tive is obliged. If he is faithful to the
interests of the people. now and then to
take extraordinary action in order to on
set the detriment that would otherwise
accrue to the people.
Section 8 of the act contains pro-
vision far more damaging to the interests
of the public. This attempts to prohibit
the use Of any government funds or the
detail Of any government clerk TO help
the work of any commission, council or
board. unless the same is specifically au-
thorized by previous congressional action.
This could certainly only result in ham,
pering efficient governmental work.
But as the purpose Of the attempt in
its entirety is clearly an invasion OF the
executive prerogative. and unconstitu-
tional and void. 1t Is only very partially
successful. The provision is obviously
aimed at such commissions or boards as.
for instance, the conservation commission,
the country life commission, the council
OF fine arts. the general board of the navy
and the joint board OF the army and
navy. not to speak Of such boards as the
national advisory board on structural ma
terial. the board Of reference In connec-
ton with the pure food law and scores of
others, none Of which was first authorized
by Congress, but all of which were called
together by the executive for the purpose
Of public service-for the purpose Of rem
IL Id
which could not and would not otherwise
have been rendered.
Army and Navy Boards Safe.
80 far as the various army and navy
boards are concerned. the attempt is for
tunately futile and represents merely
failure in an effort to subordinate purely
military and national considerations to
small personal or political considerations.
The President haseunder the Constitution.
the sole power to direct the use OF the
officers Of the army and navy, always pro-
vided that he acts within the limits set
by the Constitution. The Congress can
no more forbid the President to use the
services of officers or employees when they
act in concert as board or council than
1t can forbid him to use their services
when they act as individuals.
THE chief object OF this provision, how
ever, Is to prevent the executive re-
peating what 1t has done within the last
year in connection with the conserva-
ton commission and the country life
commission. 1t Is for the people of this
country to decide whether or not they be-
lieve in the work done by the conservation
commission and by the country life COM
mission.
'If the people of this country do not
believe in the conservation of our nat
ural resources; If they do not believe in
developing our waterways and protecting
our forests; IL they do not believe in the
betterment OF life on the farm and in
unfolding the interests OF the farmers:
If they are willing to go on in the old
course OF squandering the effects of our
children's children, then they will uphold
the action of those In Congress who are
responsible for this provision. II they be- |
lieve in improving our waterways, In pre-
venting the waste of soil. in preserving
the forests, in thrifty use of the mineral
resources Of the country for the nation |
monopolies. in working for the better
ment Of the condition of the men and
women who live on the farms. then they |
will unstintedly condemn the action of
every man who Is in any way responsible |
for inserting this provision, and will SUD-
port those members Of the legislative
branch who opposed its adoption.
Work Hampered, Not Halted.
IT would not sign the bill at all II I |
thought the provision entirely effective.
But the Congress cannot prevent the
President from seeking advice. Any fu.
ture President can do as have done and
ask disintereSted men who desire IN corx,o