New-York tribune., 1909-01-14
SENATOR'S QUESTION
PRESIDENTS POWERS
FE4R IT WILL BE HARD
TO 4TOID CL4SH.
P,mor That Information Called For
UrM Be Rcfusfd Capses LACEY
Discussion.
tFrnrn The Tribune bureau. !

,,sss of Congress are gravely concerned over
- Increasing friction between the President
.la legislative bodies. and they regard with
;o,s apprehension the possibility of a clash
..s- the Executive and the committees
t;cb have been appointed TO investigate the
- IF the funds appropriated for the detection
= rrosec,tion of violations of the federal
...,,,es For the sake OF the party they sin
II, hone there will be no clash, and yet they
,,ie,,o that II will be difficult TO avoid one.
--ha boundary line between the legislative and
s,a.1ti,e branches Of the government has
= f,ean clearly defined. on several occa-
= IN tho 7,aet there has been a more or less
,-, iss1,e between the two branches. but in
.n instance a conciliatory attitude on one side
.ba other has averted anything like a test OF
-e-e-b : rumor has reached the Senate that
-. president will decline TO permit the Secre-
- of the Treasury 10 furnish Information
.n.s fer ov the Foraker resolution adopted
~s~5a, and which demands an accounting
=, tho S3o0a01o fund appropriated IN 1870 1or
-nergencies which might arise IN the anhlin's-
ration Of the affairs OF the army Senators he
-. ,7,.,- ti,a Senate has the right to direct the
heads of the several departments to submit
f..ts and documents. although they seem to
1.cl. ,,csi,f,oress 90 conviction on the subject
7.,- -17sy- do assert without qualification. their
,,-io-ior, that when the Senate through
o,,,,r,sttee srhpcpnas an official Of the eXecu-
,f,-a branch be l.e clerk Cabinet officer, II
,ap compel him 10 testify and punish MN -of
,.onfaulpt if he refuses 10 answer any peril
1le7t question pat 10 him
II * argued that If the President deems II IN
,xr,e7ient 10 permit the Secretary Of the Treas
rr,- 10 repfy 10 the Foraker resolution, he VIII
,rohs,lv direct similar declarations With regard
:, The precise information on the-matter which
committees Of the two houses have been ap-
,ointad 70 investigate. The prospect Of such q
-efusal has caused anxiety TO the leaders OF the
two houses for some time 1t is largely with a
view 10 obtaining some influence over the House
committee and thus minimizing friction that
the Senate committee has agreed to act in con-
,unction with that of the lower house
SENATOR BACON STARTS DISCUSSION.
This subject was brought up in the Senate
to-day when Senator Bacon introduced a reso-
lutjon declaring that every public document, or
cOpr thereof, on the files Of the government, re-
lsting to any subject whatever. over which Con-
gress has any grant Of power or jurisdiction or
control rnder The Constitution. and any informa
ton relative thereto within the possession of
the officers Of the department. is subject 10 the
call or inspection Of the Senate for its use IN
The exercise Of its constitutional powers and
Jurisdiction.
in supporting this resolution. Mr. Bacon said
ne had in mind the refusal Of the President e.
permit the Attorney General to reply to the
Cuberson resolution calling for information re-
gsrding the absorption by the United States
Steel Corporation Of the Tennessee Coal and
Iron Company
Senator Hale interrupted Nj Bacon from time
To time and his remarks are generally regarded
as polite intimation 10 the President Of the
oF- of
ment which the investigating committees viii
expect TO receive in their conduct If the inquiry
Mr Hale asserted his belief that the Senate had
ample authority to call for papers and facts,
but expressed a doubt as 10 its right to demand
Of executive officers their reasons for action or
Tie reverse. which is the view entertained by the
solest lawyers in the Senate.
Senator Hale declared that he did not believe
II was practicable for the Senate ransack
Tie mind Of an executive officer. demanding from
hin reasons for particular action, but he was
frm IN his conviction that Congress had power
10 demand papers and information The Senate,
he said, could not legislate on many cases with
cut information from the departments.
hope and believe" he said. 1t is not in the
mind OF the President that the heads Of these
great departments are TO be lowered in their
Standing and ranked head clerks. and that
"nen Congress. the Senate the House. di-
'ecs information 10 help I'm legislation for the
country. the President can say: These are my
heae clerks and I direct them to refuse this in
formation
oeprecate any such locking OF horns on this I
sfea1 question do not agree with the Senator
ron Georgia that anything the President has
falo commits him TO such a proposition de-
'shg the right Of Congress to call for papers
VI information ! do not believe he will take
/ hOr nd hefie hat hal
"ol De confronted with such a situation"
shouid be very much gratifed,' said Mr..
''N0OR' II the President should say that the
0VisT ucIion the Senator from Maine has placed /
U'ch the Presidents language is correct"
'->L1 ROYAL POWER" THAT OF PARDON .
"r, Bacon said the President had but one I.
VSai power, and that was the power Of pardon. !
AL other powers he said, ne exercised In con-
junction with Congress
senator Fulton declared that while the Con
eieSs has the right command heads Of de-
pSFtfnents. ii has no power TO enforce its com
-"ahos- He said: we should provide way
9" enforce our power 10 command"
MI Bacon Gid not agree with the Senator :
.Sh oregon that there was way to enforce
tnis power lie suggested that the power OF
congress 70 withhold salaries was one way to ,
accomplish this ena. and said the fact that the
.'"er to enforce might be difficult did not af-
ieei that power.
senator Teller asked that Mr. Bacon's resolu-
Noh oe allowed to lie the table that il
'sA' be discussed later. He referred TO Mr..
-'i' statement that Cabinet officers were not
mr. clerks. and saia that depends upon who is
', NE Ae3d ~ the government.
- as" depends upon the kind of men the
.siaehi has under him. said Senator Timsn. .
% moi ihini. any self-respecting Secretar-
- take alders from the President" said Mr..
''le- There are times when .he head Of a I