The Washington herald., 1909-03-05
An ACADEMIC Debate IN the Senate.

The closing hours OF the Senate were
enIvened by one OF those academic de-
hates on the relation of Congress 10 the
executive departments the futIity Of
which is only exceeded by the gravity
and ponderosity Of the discussion. Some
vital principle. some overmastering point
Of constitutional Interpretation. is always
al stake in these controversies. but their
net result is invariably nothing. The
solemn verdict Of the Senate upon the
late Grover CIeveland's refusal 10 furnish
that body with certain information was
that IL threatened 10 undermine the foun-
dauons Of the republic, yet our founda-
tioHs are still secure, or al all events. IF
shaky, are in no imminent danger from
The cause that seemed 10 the Senators
10 he operating TO our destruction twenty
years ago.
The fact IS that. as 10 supplying IN
formation 10 either House Of Congress.
the Executive holds the upper hand
Congress may resoiute 10 doomsday with
out affecting in the leas, his rights or
his course Of action. No President has.
as d matter Of fact. withheld from Con
gress any information requisite TO the
intelligent conduct Of the public business.
and probably no President ever VIII.
buu no seif-rcs7ecrinE Executive viii sub
init TO the political hectorinE of either
body. or furnish information asked for
merely 10 annoy and discredit him. John
a. KassoH, IN his survey Of this subject
I'm a work on the evolution OF the Con
stituuon, says that
EN- most cases of the exercise rf this claim rcr
information tl= Executive has welded. because lt
Eas f1r legitimate objects and In the ordinary course
of legislative proceeding. But a- other times It
has proceeded from mere political hostility. ard
had for IT'S object 10 provide means for party as
ssgts upon the administration OF is pclic-. ire
zpecyEs Of the public interests involved II cases of
the latter kind ard even in other cases where The
Executive has complied with the demand. he has
been careful to assert bis constitutional right Of III
dependent decision. and 20 refuse esnrlisnee IL his
Official Discretion
Mr. kaSson concludes that the Constf-
tuition has been practically interpreted
in a manner TO exclude any right in
either House to dictate the action of the
Executive" in respect Of information IN
possession Of the Executive or any Of the
departments which is not by law re-
Guired to be reported 10 Congress.
Hence" remarks 8Ir. Kasson. the re-
quest by either House. addressed 10 the
President or TO any executive depart
ment. for information should never be in
the form OF an order. direction. OF in
struction, unless IT be a duty imposed By
some express Law The etiquette here
prescribed is not observed by Congress.
which has contracted the habit Of "di-
recting" heads Of departments 10 fur
nish information But the form Of the
request has nothing 10 do with the rights
and privileges Of the Executive. for the
Iatter's discretion cannot he overthrown
by a Congressional resolution. His action
is dictated by his own judgment. and
guided by the precedents set by his
predecessors. His responsibility Is TO the
Constitution and 70 the people who elected
him. and not 10 either House Of Congress.
The fatal defect in the Senatorial atti-l
tude on this subject is that 1t does not
comprehend the Executive point Of view.
which is the one which finally prevails,