New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-08
SCORES REDEIELD
FOR AUTOCRACY
Ex-senator Bourne Ac-
cuses Secretary of AS
suming Powers Not His.
Iron The Tribune Bureau.l


Washington, Nov. Secretary OF
Commerce Redfe,d is the target Of an
attack launched tonight by ex-senator
Bourne, OF the Republican Publicity
Association, for his action in "constru
ing" provisions Of the seamen's law
. "to mean something which 1t did not
say" This constructive method OF
government he declared dangerous, in
/ that it permitted men, rather than law,
10 rule, and opened the way for many
abuses. Mr.. Bourne declared that,
while the present construction was ben
eiicial, if the precedent was allowed to
stand it would permit the Secretary to
"impose additional burdens at any time
vacillating notions or preiudices might
dictate"
Every thoughtful American citizen
must be appalled," says Mr.. Bourne's
statement, "Dy the conclusive evidence
of the substitution of government by
men for government by law contained
in the recent letter of Secretary Red
field, declaring mis- assumption of the
right 10 construe statute to mean
something different from what it says.
Bureaucratic system"
"Opinions Will differ as 10 the wisdom
Of the language provision of the sea-
mems law, but there should be no diff
ference of opinion as TO the danger of
establishing a bureaucratic system of
government which permits administra-
tive officers 10 enforce a law or not, as
happens to suit their pleasure. The
Pacific Mail Steamship Company knows,
as every American citizen knows. that
if il is within the power of the Secre-
tary of Commerce to interpret the sea-
mems law, or any other law, by making
it less burdensome upon those affected,
il is also within the power of that de-
partment TO interpret the law by max
ing it more burdensome. In other
words. at the same time that the steam
ship company received measure of
immunity from the Secretary of Com
merce il knew that the Secretary ex-
ercised the power 20 impose upon il ad-
ditional burdens at any time vacillat-
ing notions or prejudices might die
tate.
Drove Pacific Mail Out.
1.-THE Pacific Mail Steamship COM
pany owned vessels that represented
an investment of several millions of
dollars, and was doing a business that
also ran high into the millions annu-
ally. That company, like any other
business enterprise, cannot be safely
conducted without some degree of GER
tainty as 20 the conditions that will be
imposed upon il. Instead Of inspiring
feeling Of confidence, as IL was per-
haps intended 70 do, the letter of the
Secretary of Commerce must have left
the managers of the Pacific Mail Com
pany with a greater feeling of uncer-
tainty than they entertained before.
So long as they were guided by the ex
press language Of the law they knew
exactly what they had 70 contend with.
The moment they received the letter of
the Secretary Of Commerce RnG saw
his assumption Of right 20 change the
meaning Of tho statute whenever il
suited his pleasure and in any manner
that seemed best 10 him, they knew that
certainty had ended They could not
tell from one day TO the next what the
Interpretation Of the department would
be and what new conditions might be
imposed upon them.
Government by Law Ended"
"If il lies within the power Of head
OF a department 20 change the acts Of
Congress az will. then we have come TO
the end of government by law and have
established a government by men"
Mr. Redfeld made public tonight
letter to Julius kruttschnltt. chairman
Of the Southern Pacific executive COM
mittee, replying 10 the latter's charge
that the seamen's law forced the Pa
ciic Mail out Of business. Mr. ReGfield
repeats his charge that the Panama
Canal legislation was the real cause OF
the Pacific Mails action, though the
ships withdrawn from service were all
in the trarspac.fc trade and had no
connection with the Panama business.
The Secretary also points on: that,
according 10 testimony OF President
Schwerin Of the company. its Chinese
sailors had all the knowledge OF Eng
lish called for under the departments
construction Of the law. He MAKES no
reference 20 the fact that The company
had made its arrangements to quit
business before the construction 20
which he refers had been made. snd at
q time when il was still possible that
the law might be construed to mean
tina, every deckhand must be able to
sneak and understand far more Eng
l,sb than il NOW the rulex