The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-07

ing to custom but not by force of law
at the Presidents Cabinet table In
the White, House.
Quite true 1t is that the trainers
OF the Constitution foresaw the need
of an orderly distribution Of the func-
lions of Executive authority. This
practical and obvious need was recog-
nized when they provided that the
Congress might vest the appointment
OF inferior officers In 1.-THE heads
of Departments" Ii was recognized
again. and just as clearly, when they
authorized the President to require
the opinion, in writing, of the princi-
pal officer in each of the Executive De
.partments." Perhaps 1t is worth
noting that THOMAS JEFFERSON was
disposed 10 interpret this clause so
strictly as to hold that information
as to the various branches of the
Executive service could be acquired
ecnstitutionally by the President only
in manuscript; not by oral communi-
cations across official mahogany.
But this recognition by the Consti-
tuition of the future need of differen-
tiating the Executive Departments is
very far from establishing basis for
the principle that because Congress
creates new Departments the ap-
pointment of a Secretary or otherwise
STYLED principal officer of a new De
partment requires the insertion of an
extra leaf in the already too popu-
lous extension table of the Presidents
Cabinet.
The historical evolution OF the Cab
met as we now know it illustrates the
progress from efficiency as an advis-
DRY board to something which prom
ises unwieldiness.
From 1888 to 1894, that Is to say,
during WAsHINGToN's first term and
part Of his second term, there were
only four Executive Departments.
These were established by acts of Con-
gress in the following order. Depart
ment of State. with Secretary of
State, July 81, 1889; War Department,
with a Secretary of War, also charged
with naval affairs, August 9, 1888 !;
Treasury Department, with Secre-
tary of the Treasury, September 2,
1888; Department of Justice, with an
Attorney General, September "a, 1883.
On May s, 1894, Congress estab-
lished by law a Post Office Depart
ment, with a Postmaster-Genera as
its head; and for the next four years
what Is now called the Cabinet con-
sisted of five persons.
On April 80, 179S, naval adminlstra-
ton was separated from military ad-
ministration by the creation of a
Navy Department with a Secretary of
its own. For more than half q cen
fury thereafter the Cabinet was COM
posed of six persons.
At the beginning of ZACHARY TAY-
LoR's brief term, in March, 1S49, a De-
partment of the Interior was estab-
lished by Congress, with Secretary
of the Interior. The Cabinet grew to
seven and held that number under
TAYLOR, FILLMORE, PIERCE, b.
cHANAN, ABRAHAM LINCOLN, JOHN
SON, GRANT, HAYES, GARFIELD, AR
THUR and CLEVELAND, during his. first
term. On February IL, 1889, the pre-
viously existing Department Of Agri-
culture-so styled, be ii noted, in the
original legislation Of May Is, 1862
although the act assigned to 1t merely
Commissioner and not Secretary
was erected into an independent de-
partment with Secretary in the
Cabinet.
For just a hundred years, there
fore, of the Nations history, during
the entire period of the development
OF what was originally but a cate
CORY into q definitely organized and
distinctly recognized, If extralegal,
advisory board constituting an inn
portant part of an administrative sys-
TEN, the maximum membership IF
the Presidents Cabinet was seven.
That number is not too small for the
purposes of such a council. Perhaps n
Cabinet of FIVE would work better.
By the inclusion of the Secretary
of Agriculture In 1889 and the com
paratively recent addition Of Sec
rotary of Commerce and a Secretary
of Labor the Cabinet membership has
already been carried up TO ten; and
ten certainly is oyerpopulation.
The central fact to be kept in mind
is the dual capacity of the Cabinet
member.
He Is in the first place, by consti-
tutional appointment and eonfirma-
ton, the administrative head Of one
of the Executive, Departments. He
would be such If there were no
Cabinet
In the second place, by custom
,,.ht al, hos oor,a o., hot-a all hY,f tho