The Washington herald., 1914-08-03
WILL sink SPADE
into KEMP CASE
Full Discussion Of Alleged
Pull" in Doctors Par
don Now Certain.
WHY HIDE APPLICATION?
Volstead Wants Searchlight Turned on
Records. While Webb Calls II
'Buttins In"
WHY HIDE APPLICATION?

A full discussion in the House OF the
case Of DIR. Thomas ]. Kemp. son-in-
law OF Senator Duncan u. Fletcher, Of
Florida, convicted OF sending information
through the mail as to where Illegal oper-
ations might be performed. and who was
pardoned by President Wilson, seems to
be assured. The case has been brought
to the attention of the House by two
reports from the Committee on the
judiciary calling upon the President to
forward to the House all the papers bear
Ing on the pardon OF DR.. Kemp.
The majority report, prepared by Rep
resentative Webb. of North Carolina,
chairman Of the committee. recommends
that the resolution of inquiry be laid on
the table. He makes the argument that
the power Of the President in grant
ing pardons Is derived from the Consti-
tuition, that IL is unlimited, rests entirely
within his discretion and cannot be con-
trolled. limited or regulated by Con-
gress-
VoIrtead "Bcgs 10 Differ"
An entirely contrary view Of the
matter Is expressed in the minority
report, prepared by Representative
Volstead, of Minnesota, the ranking
Republican member of the Judiciary
Committee. Mr.. volstead declares that
either House of Congress has the right
to call upon the President for infor-
nation concerning a pardon case. Rel
ative to the Kemp case Mr.. Volstead
said:
why should he (the President) con-
ceal this application and thus deprive
the parties who may be aggrieved from
an opportunity to establish. IL IL be
true. that the pardon was obtained
fraudulently. Every consideration OF
policy and justice would demand that
publicity be given TO this and all ap-
plicatiohs OF this kind. II this pardon
was obtained through false and fraud
ulent representations. IL Is void, or TO
speak more accurately, voidable. There
is, however. no way OF establishing
that fact unless the application upon
which IL was obtained can be secured.
A court alone can declare It void, but
It cannot declare 1t void without evil
dence. Why should not the President
be asked to make public this applica-
tion so that the facts upon which he
acted may be known?
Refers to Autocracy.
Can any administration under the
bald claim OF autocratic power AFFORD to
hide a public record upon which II has
acted officially. and thus treat with con- |
tempt the representatives Of the people |
asking in a respectful manner for this |
record? The House and not the Presi- |
dent Is entitled to determine what value |
THIS information may have. The majority |
report Is a humiliating surrender Of a
right always contended for by the House, |
and the resolution of inquiry should pass. |
'It Is clear from the very nature Of
the power entrusted by the Constitution |
to the two Houses Of Congress that
either House must have at all times the
right to know all that officially exists or |
takes place in any OF the departments
Of the government Until now there Is
scarcely an instance OF a refusal by the
head of a department, or even the Presi- |
dent himself, TO communicate official
facts and information to either House
when Internationally demanded"
Merely Asks Facts.
Representative voIstead pointed out
that the resolution merely asked for
iacts, and made no Interrogation as to
he reasons that prompted the President
N granting the pardon to DR.. Kemp.
while II Is true that Congress cannot
INIT or control the action of the Presi-
lent in granting pardons so long as II
s confined within reasonable limits. said
Volstead, 1T Is not be-
ieved that this power is 50 unlimited
hat II cannot be abused to an extent
hat would make the executive properly
Iubject to Impeachment. 1t Is said in the
public prints that the governor Of one
II our States has been engaged in a
'eneral jail delivery by pardoning indis-
the deserving and undeserv-
ng, thus setting aside the laws solemnly
nacted for the protection of society. II
Can II be contended that n the Presi-
lent should adopt a like policy he would
till be beyond the power Of Congress?
discussing the power Of the President 10
rant pardons, Representative Volstead
aid: This power should temper justice
With mercy. but II 1t Is used to break 1
own the prison bars, to turn loose upon
ociety those who prey upon the weak !
nd helpless. II becomes an instrumental .
~ not OF mercy, but of cruel injustice,
gainst such a course I doubt not the ,
over Of Congress to interpose." IN
DO these methods tend to mislead the !
Executive? Is II necessary that in the
ublic interest some law should be passed !
D guard this great power from abuse :
trough improper influences, incompetent, :
alse, and misleading statements
''Pitiless publicity is the great safe
uard against the abuse Of power"