New-York tribune., 1919-07-08
Law Defied by
Defence Board.
Says Graham
Continued from Page 1

the United States declared war on Ger.
many.
"The minutes furnish evidence of ar
amazing disregard of the law. The
Congress created Council Of National
Defence to be composed of six members
tot the Cabinet, who were to be the real
executives. They We're to have the as
slstance, in a purely advisory capacity
OF seven civilians to be chosen by the
PRESIDENT without the advice or con-
sent OF the Senate. The President not
only ignored, but reversed, the intent
or Congress, making the advisory com
mission the real executives, clothing
them with unprecedented and almost
llllmltable powers. These powers they
used IN such manner as at times seri-
ously~to embarrass the Cabinet as is
shown by the minutes, the members of
the Cabinet being compelled to pro-
test against the abuse.
Says Congress Was Ignored
"ConceiveG within the law, but
brought into existence in absolute yio-
latlon of law, it is not surprising to
hnd that this secret government of
the United States itself persistently
ignored and even violated the law; that
1T allowed interested parties to fix the
prices of war supplies; that it put the
people OF the country to incalculable
unnecessary expense, and carried things
with high hand.
In one instance, Sc far as our COM
mlttee has proceeded, one man repudi-
ated and practically defied this advis-
ory commission. That man was Major
General George w. Goethals, who, when
our soldiers boys were actually diving
OF pneumonia in the camps because Of
lack of proper clothing and blankets
as a result of the methods and inca
paclty of this commission, was called
at the eleventh hour to rescue the War
Department from the public obliquy
which was fast settling down on it.
General Goethals, according to his
sworn testimony, assumed the duties
OF Quartermaster General, about the
first of January, 1918, only on con-
dlt'on that he should have free scope
IN the performance of his duties, un-
hampered by the Council of National
Defence, and he immediately took
from the members of that council their
power to order purchases and fix prices
and soon dispensed with the services
OF those members Of the advisory coun-
Gil who had so deplorably bungled the
control OF supplies for the army.
Law Declared Violated
Not only did this advisory council
cmoarrass the members of the Cabinet,
but they f1agrantly violated the law,
and when their attention was called to
such violations by Judge E. H. Gary.
as is disclosed by their minutes, thew
referred the matter to the Attorney
General, who replied that such viola
tlons were matters of national policv
rather than of legal consequence
Following is summary of Mr..
Graham's report:
The act establishing the Council of
National Defence, approved August 20,
1915, made six members Of the Cabinet
members OF the council and, in addi-
ton, provided for~a advisory commits
sion of seven to be appointed bv the
President. The members of this ad
vlsory commission were Hollis God
frey, Howard E.. Coffin. Bernard M.
Baruch, Samuel Gompers. Franklin II.
Martin, Julius Rosenwald and Daniel
Willard.
1T appears from the minutes Of the
advisory commis misson and the council.
which were kept separately, that prac-
tlcally all of the measures which we're
atterward considered as war measures
were initiated by this council and ad-
v1sory commission, adopted by the
council and afterward acted upon by
congress. In many cases q consider
able period before the actual declara-
tion of war with Germany this ad-
visory commission was discussing mat
tcrs which were thought to be new legis-
latlon, conceived by reason of the
nccessltles of war. For instance, on
March 8, over month before the war
declaration, the advisory commission
Endorsed to the Council of National
Defence daylight saving scheme and
recommended a Federal censorship of
the press. This censorship was first
suggested, as the minutes show. by a
correspondent by the name of Philip
Fatchln. The question of Federal CEN
sorshlp of the press was further dis
cussed on March "a, two weeks before
the declaration of war
Decided Upon Hoover
.On February 16, about two months
before the declaration of war, Commits
sloners Coffin and Gompers made re-
port as to the exclusion of labor from
military service and the draft was dis
on other occasions before any one in
this country, except this advisory com
mission. and those who were closely
affiliated with the administration
knew that a declaration of war was
later to be made. At meeting on
February Is this same commission of
seven men (nonc of whom had an
official authority except as advisers J
recommended that Herbert Hoover be
employed by the government in con-
ncction with food control. 1t was gem
orally understood, as appears from the
minutes, that Mr.. Hoover was to be in
control of this matter, although war
was two months in the future.
"The advisory commission first met
on December 6, 1915. Almost the first
thing the commission did was to take