Capital journal. (Salem, Or.) 1919-1980, 1919-11-21

This came as an evident sur
prise to supporters of the Lodge
resolution which was introduced In
congress just before adjournment.
They believe the executive had no
authority to interfere with con-
current resolution and that The
Lodge measure could be passed by
both houses, thus ending the war
without adoption of the peace
treaty. Discovery of the constitu-
tional authority which hitherto
has seldom, If ever, been exer-
cised by a president, was consid-
cred blow to their plans.
The administration supporters cited
three of the constitution as their au-
thority 1t reads as follows:
Constitution Cited.
EVERY order, resolution or vote to
which the concurrence of the senate
and house OF representatives may be
necessary (eXcept on a question of adj
journment) shall be presented to the
president of the United States and be-
fore the same shall take effect shall
pe tdDploNGO Wy vi pSAi6 ulodP-
proved by him, shall be repassed by
two-thirds of the senate and the house
of representatives, according to the
rules and limitations prescribed in
case of a bill.'
This the administration contends,
undoubtedly gives Wilson authority to
veto the Lodge measure.
Veto Is Certain
The president apparently is deter
mined to veto Lodges proposal, con-
fident that two-third vote cannot be
lnarshalled in congress to pass it over
his head. Thus he plans to prevent
the war being officially ended until
the peace treaty has been adopted.
At Speaker Gillettes office it was
stated that it was not customary to
send concurrent resolutions 10 the
president, but that In this case II
would undoubtedly be necessary under
the constitution. his opinion was ex-
pressed after the constitutional pro-
vision had been scanned. Before that,
the impression was that it was not nee
essary to send such resolutions to the
White House.
Senator Lodge, author of the resolu-
ton, was in Boston, it was said at his
office.
Old Opinions Support.
Administration officials also declar-
ed that in an opinion rendered in 1851
by Attorney General Cushing. stated
that congress could not pass any law
which III effect "coerces the discretion
of the president except with his appro-
baton, unless by concurrent vote of
two thirds of both houses upon his
previous refusal to sign a bill"
Another opinion on this question
cited by the administration, is con-
tsine1 in report by the senate judi
ciary committee, made January 26i
1897, as the result of an investigation
of the question as to whether a con-
current resolution required the presi-
dents signature.
whether concurrent resolutions are
Tequiced to be sent to the president OF
the United States must depend not up
on their mere form but upon the fact
whether they contain matter which is
properly to be regarded as Legislative
in its character and effect" the report
stated ''If they do they must be pre-.
sented for his approval. Otherwise
they need not be. The nature or sub
stafce, of the resolution and not it.
form controls the question of it's dis
position
Senator Underwood conferred with
Secretary Tumulty at the White Hous'
today on the democratic program. Sen
ators Hitchcock and Underwood will
leave Washington Immediately for ;
brief rest before the recovering of con
gress.