The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-15
The Atterney.General and Mr.. Folk

The Atterney.General and Mr.. Folk
A little more than fifty years az,
CHARLES SrMNEs pointed out TO IN,
Senate the constitutional limits upo,
that body's powers Of investigation
1t Is well to recall what Mr., SuMSrI
said In the case Of the recalcitrant wit
ness THADDEUs HYArr Of New York
Tor the constitutional power Of the Sen
ate Is neither greater nor less to.da,
than 1t was then:
We must not forget a Fundamental
dinerence between the powers Of the House
OF Representatives and the powers of the
Senate
TO the House OF Representatives are
given inQuisitorial powers expressly by
the Constitution. while no such powers
are given to the Senate. This Is expressed
IN the words the House OF Representa-
yves snail have the sole power of i'm
peechment Here. then, obviously IA
something delegated TO the House and not
delegated TO the Senate; namely. thoss
inquiries which are in their nature pre-
or may not end In impeachment: and
SINCE oy the Constitution. every civil
onicer' OF the General Cove rnment may be
iinpeached the induisitoriai powers OF the
House may be directed against every civil
o'icer. from the President down 10 the
lowest on the list
Inis is an extensive power, but IL is
confined solely TO the House. Strictly
speaking the Senate has no general in
auisi'orial powers. I; has judicial powers
III three cases under the Constitution:
y. To try Impeachment.
. To judge the elections, returns and
Qualifications Of its members
.. To punish its members for dis
orderly behavior and, with the cbncur-
renee OF two-thirds. expei a member.
In tho ecution of these powers the
Senate has the attributes OF a court; and
according TO established precedents. IL
may summon witnesses and compel their
"s'!nony' although 1t may well be
oouoted II law be not necessary even
10 the execution OF this power"
Times have changed. although m.
Constitution has not changed at all In
this particular.
Under the Constitution the Senate
ny itself has no power to step in be-
tween the Executive aud his duties.
Is 1t true. however. that the Senate
~ Itself has power to initiate and ex-
ercise through a si.judlclal body.
the interstate Commerce Commission.
an inquisitOrial process which balks or
emDarrasses an executive department
in the performance Of its duties:
Does the circumstance that a law has
been passed giving to the Interstate
Commerce Commission authority TO PRO.
coed Judicially with regard to witnesses
at the instance Of the Senate alone. the
House not participating in the resolu.
tion OF Instructions, increase in any re-
spect the Senate's constitutional powers
beyond the limits described by Mr..
SCMNER. or invest the Senate with con.
stitutional power to step in between
the Department Of Justice and Its du.
ties:
The Senate on It's own motion can
not OF Itself confer immunity upon a
citizen under indictment.
Can the Senate Of itself constitution.
ally do that same thing through the
simple form Of request to the Inter.
state Commerce Commission?
These questions are inspired by the
amazing confusion Of thought apparent
in such remarks as those Of our neigh
Dor the World upon the clash Of
authority between Attorney General
McItEYSoLDs and Mr.. FOLK, Of counsel
for the Interstate Commerce Commits
sion In the matter Of the New Haven
Railroad. THE Interstate Commerce
Commi ssloD.' says the WOrid. "ls as
much part Of the Government as the
Attorney General. II is acting under
resolution Of the United States Sen.
ate, which Is also quite as much part
Of the Government as the Attorney.
General"
/. Is getting Ia he altogether too com
mon theory that any part OF the
"GoNcrnment' may perform or supple
mcnt or correct the duties Of any other
part Of the Government" without the
slightest regard 10 the constitutional
dill ribltlou of funct ions and powers