The Montgomery advertiser., 1909-01-14
INSPECT DOCUMENTS
SENATOR BACON INTRODUCES IM-
 PORTRAIT RESOLUTIONS.
senater Bacen weusd Have Every Publie Document fn Fffea sf Any Department ef Government,
 Subject to Inspection.


 Subject to Inspectfon-
 Washington. Jan. f3.--Senator Bacon today introduced in the Senate a reso- ution declaring that every public docu- ment in the files of any department of the Government relating to any. sub ject over which Congress has control, shall be subject to the inspection or members of the Senate.
 Taking the floor to speak on his own resolution, Mfr. Bacon said that it was of especiai importance because of the recent message of the President, in which he stated he had directed the Attorney General to give informal ton as to what he had done in the bringing of suit against the United States Steel Corporation for its absorption of the Tennessee Coal and Iron Company.
 Complaining that the language of the President in his steel corporation message. had not been distinguished ny it's extreme courtesy" Ms. Bacon proceeded:
 "Tfns is the first time that the denial of the right of the Senate has ever been made In such unlimited and em- phatic language as that now employed by the President"
 Senator Hale expressed the opinion that the President had not taken . square ground upon the right of Con- gress to direct the transmission of papers by the. heads of departments.
 T do not" said Mr. Hale, know that that right, has been questioned, and hope 1t never will be-" Mir. Bacon said that the President did not stop at questioning the Sem ate's reasons for it's inquiries. but that he had said that the heads of execu- tive departmepts were subject to the constitution, to the Jaws passed by Congress and to the direction of the President of the United states. and to no other direction whatever"
 That" said Mir. Bacon. "is as broad as human language can make It."
 Does the Senator think from that language that the President mas com mitted himself to the proposition that Congress cannot call upon the head of a department for information and for papers and documents In a depart ment?'9 inquired Senator Hale. who added: s+EF5. "It:hopa the President has not com. mitted himself to that proposition.
 'T understand that the language" said MT. Bacon, plainly implies that the President recognizes but three au. tn critics by which the direction may be exercised over the head Of an execu- tive department Es
 Senator Hopkins challenged Mir. Bacon's contention on the ground that not Congress, but the Senate alone recently asked for the information re- garding the action of the Attorney General and Mir. Lodge asked whether Congress, in the judgment Of the Sem ator from Georgia had a right to de- mand papers from the State Depart ment.
 "As an absolute right" Mir. Bacon aaxKAu Elsgo ..A akk Congress has the right to exercise It's discretion in such matters.
 MT Bacon said the President had but one royal power and that was the pow ar of paFdon. All other powers, he said, he exercises in conjunction with Con- gress.
 Senator Fulton declared that while the Congress has the right to command heads of departments. 1t has no power to enforce its commands He said:
 We should provide way to enforce our power to command"
 Mr. Bacon did not agree with the Senator from Oregon that there was no way to enforce this power. He sug- gested that the power of Congress to withhold salaries was one way to acc complIsh this end. but sal dthat because the power to enforce may be- diflcultS 1t does not affect the power. .
 Senator Hale declared that he did not believe 1t was practical for the Senate to Tansack the mind of an executive officer. demanding his reasons for particular action but he was firm in his conviction that Congress had power to demand papers and information. The Senate he said could not legislate on many cases without information from the departments.
 "X hope and believe" he said. 'it Is not in the mind of the President that the heads of these great departments are to be lowered in their standing and ranked as head clerks and hat when Congress. the SAnRte. or the House di- rects information to help in legisla- ton for the country. the President can say:
 These are my head clerks and di- rect them to refuse this information '"
 "T should be very much gratifed.' said MT. Bacon. 'if the President should say that the construction the Senator from Maine has placed upon the Presi- dents language is correct"
 Senator Teller asked that Mir. Bacon's resolution be allowed to lie on the table that 1t might be discussed later. He cabinet uficers are not mere clerks and said that depends upon who ts at the head of the government.
 "It also depends upon the kind of men the President has under him" said Sem ator Tillman.
 II do not think any self-respectlng aacretary would take orders from the President, ,'s said Mir. TElIer.
 Senator Hepburn suggested the pro- nrietv of addressing all communications by Congress to the President. and Sen ator Money, in commenttnR on the prae- flee of sending communications direct lv to heads of departments said that the reasons asked for any particular sction referred to public and not to Dri- vate reasons-
 The resolution was then laid aside for the day.