The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-09-27
Discretionary Executive Power
"OId stuff; Whiskers on It!''

Must we fall back" asked an
American statesman several years
ago, ION discretionary Executive
power? The Government of the
U:ited States was established to get
rid of It."
True now as then. True as Gospel
at all times. Our Government was
established to get rid of discretionary
Executive power.
The author of this unquestionably
true and profoundly searching die
tun Is WooDRow WILSON. He COM
mrnicated the sentiment to the Ma
tlonal Democratic Club at Jeffer-
son birthday banquet in this city on
April IA, 1908.
III his Denver speech, just before
quitting the swing around the circle,
President WILSON thus asserted his
determination to fall back on discre-
tionary Executive power, the sort of
power which the Government of the
United States was established to get
rid of:
IL challenge them 1.-THE Senators1
10 show cause why there should be
any hesitating in ratifying. 1 do not
understand delays. do not under
stand covert processes Of opposition.
1t is time we knew where
we stand. for. my fellow citizens, the
negotiation of treaties rests with the
Executive Of the United States.
When the Senate has acted it will
be for me to determine whether its
action constitutes an adoption or a
rejection. 80. must know
whether 1t means that we have rati-
fed or rejected II, and I feel that
am speaking for the people Of the
United States"
We are quoting this unparalleled
assumption Of exclusive discretionary
power on the part of the Executive
from the report of the Denver speech
printed by our nelghbor the World,
bich. editorially remarked Of the
IF the Lodge reservations are to
prevail in the form in which they
have been drafted President WILSON
win be in duty bound to regard them
as a rejection of the treaty. with all
that such rejection implies"
Yet all that the Constitution, which
defines the Government which was
to get rid of discretionary
Executive power, has to say on the
subject of the Presidents powers and
duties regarding treaty making is
in the following clause:
He shall have power, by and
with the advice and consent of the
Senate. to make treaties. provided
two-thirds OF the Senators present
concur"
Yet President WILSON has an an
swel, ready made, for these critics Of
inconsistency who would
contrast his earlier views of "discre-
tionary Executive power" with this
later assumption of discretionary Ex-
ecutlve power to the extent Of nulli-
lying the constitutional provision as
to the advice and consent of the Sen
ate in treaty making.
The formula of reply is the invention
of Mr.. WILLIAM 2. FOSTER, syndical-
.st and organizer and prime mover
of the steel strike. When his earlier
in advocacy Of the over
TIN ow of the State and the substitu-
ton of a new Government on the Boil
shevist plan, and In approval Of
any form of lawlessness, violence, sa-
botage, arson or murder as a means
to that end, were brought to public
attention by THE Sun in Mr.. Fosters
own red bound phrases, that reformer
of human society, that collaboration of
l-ENlNE uLu L nOlNhi o. VI uSucu Tic
whole business aside with the simple
remark "It's old stuff; 1t has whis-
kers on it. haven't seen 1t for ten
years"
In precisely the same fashion Pres
ident WILSON can say Of his former
views on the pernlcious and destruc-
live nature Of discretionary Executive
power, which the United States Gov
crnment was established to get rid of.
"lt's old stuff; 1t has whiskers on It,
l haven't seen 1t for eleven years"
If the answer is good for WILLIAM
q. FOSTER 1t is certainly good for
President WILSON; and useful it
would be to him in a thousand cases
of acute intellectual and moral en-
occasioneG by the deadly
parallel.