The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-12-01
MR.. BRYAN'S PRIVATE SECRE.
TARY.
Amazing Features Of His Appointment as
Counsel To the Joint Commission.

NJ. wyvell Of New York to the office OF
counsel for the International Joint Com
mission, with a salary Of $1,000 per an
mum. This announcement is more sig
nificant than the recognition OF Mr..
wyvell's faithful services as private sec
rotary to the Secretary Of State and as
a defeated Democratic candidate for
election to the House Of Representatives
from the State OF New York.
There Is no office of counsel for the
International Joint Commission and no
salary Of 5000 provided by Congress
for such an official. An office under
the Government can only be created by
law. The Federal Constitution gives to
| Congress the exclusive power ito make
all laws which shall be necessary and
proper for carrying into execution the
foregoing powers and all other powers
vested by this Constitution in the Gov
eminent Of the United States or In any
Department or officer thereof" The
Constitution further provides that mo
money shall be drawn from the Treas-
ury but in consequence Of appropriR-
tons made by law"
In defining the powers Of the Presi-
dent the Constitution says he shall have
power TO appoint Ambassadors. Minis
tiers, Consuls and certain Judges, with
the advice and consent OF the Senate.
and appoint "all other officers OF the
United States whose appointments arc
not herein otherwise provided for and
which shall be established by law"
To leave no ground for misunder-
standing Congress has enacted laws
specifically providing that neither the
President nor any subordinate Of the
official position or for tho performance
OF any service for which compensation
shall be made from the United States
Treasury. except as provision has been
made by law and appropriation therefor
by Congress.
President Roosevelt found that these
prohibitions in the Constitution and
the laws prevented him from even pay
Ing the travelling expenses of an art
commission appointed by him TO advise
the Secretary OF Agriculture regarding
the plans and location OF a new build
ing for that Department, or to accept
free service from the commission.
II the press reports are true Sec,e-
tary Bryan has set aside the Constitu-
ton and the law TO provide a 5000 SAL
airy for his private secretary by ap-
pointing him to an office that does not
exist. and to receive this salary from
an appropriation that has not been
made by Congress. II Is an interesting
question for the Comptroller OF the
Treasury, whose duty II Is to pass upon
all vouchers against the Treasury which
a:e authorized by law.
Tho International Joint Commission
was created by treaty with Great
Britain signed January II. 1909. and it
IS composed OF six commissioners. three
appointed by the President of the
United States and three by the King
OF Great Britain on the recommended
ton of the Governor in Council of
Canada. Each section Of the commiss ION
Is authorized by the treaty to appoint
secretary and 10 employ engineers
and clerical assistants. The appropr!a-
ton by Congress IS made in lump
sum and the last diplomatic and consul
lar appropriation act, passed in June
1914, after enumerat!ng the purposes
for which the appropriation for the
commission may be used. adds this lam
guage; AS we'll as for the payment
Of necessary expenses, not TO exceed
the sum of $4,000, incurred, and COM
pensation for services rendered under
the direction of the Secretary of State
IN the exam nation and preparation of
cases involving the use, Distribution or
division Of waters and other questions
or matters Of difference covered by the
treaty of January II. 1909 between
the United States and Great Britain,
and in representing this Government
and the American interests involved in
the presentation of such cases before
the international Joint Commission"
This is probably the authority Mr.
Bryan assumes he has for the creation
of the office of counsel for the Inter
national Joint Commission at salary
of $4,000 per annum. But the language
of the act only provides for the pay
ment of necessary expenses not to ex-
coed $1,000, incurred and 1t will be
necessary for the Secretary Of State IA
certify that these expenses have been
incurred IN preparing cases or repre-
scntng the Government in the pres
entat!on of such cases to the commits
sion The last case prepared and pro-
scented TO the commission by the State
Department was in August 1913, and
that and all other cases were prepared
and presented without mourning any
expense. Those cases have been no,
only presented hut considered and con.
cluded. except in two Investigations in
charge OF engineers, 1t will be inter
estlng to see the Secretary of States
certificate AS to expenses incurred in
the preparation and prese ntation OF
cases where there are no applications
or eases to prepare or consider.
Mr.. James a. Tawncy, chairman OF
the United States section of the com.