The Washington herald., 1920-06-05

troller General. a new office, which
would review appropriation esti-
mates and submit annual reports to
the President and Congress.
The Comptroller also would pre-
scribe uniform accounting systems
and report necessary appropriations
and the legality OF expenditures.
The Presidents recommendations to
Congress would include an alter
native budget, grouped according to
the services as well as departments.
The President also would be re-
Quired to submit administration
plans for raising as we'll as expend-
ing government funds and give de-
tailed statements of past expendi-
lures.
The House was engaged in dis
cussing the conference report on the
shipping bill last night when the
Presidents veto message arrived
but Representative James w. Good,
of Iowa. chairman of the House APP
propriations Committee. announced
that an ATTEMPT would be made
probably today to pass the budget
bill over the Presidential veto.
Text of Message.
The Presidents message follows:
am returning without my signi-
ture II. r. 1888, AN Act to provide
a national budget system. an inde-
pendent audit of Government ac-
counts. and for other purposes" i
do this with the greatest regret /
am in entire sympathy with the OBJ
jects OF this bill and would gladly
approve it but for the fact that 1
regard one of the provisions con-
tained in section 303 as unconstitu-
tional.
This is the provision to the effect
that the Comptroller General and
the Assistant Comptroller General.
who are to be appointed by the
President with the advice and con-
sent of the Senate. may be removed
at any time by a concurrent resolu-
tion of Congress after notice and
hearing, when. in their judgment.
the Comptroller General or Assist
ant Comptroller General is incapaci-
tated or inefficient. or has been gull
ty of neglect of duty. or of malfeas-
ance in office, or of any felony or
conduct involving moral turpitude,
other manner except by impeach-
ment.
The effect of this is to prevent tne
removal of these officers for any
cause except either by impeachment
or a concurrent resolution Of Con-
gress. 1t has, / think. always been
the accepted construction of the
Constitution that the power to APP
point officers of this kind carries
with il. as an incident. the power to
remove. j am convinced that the
Congress is without Constitutional
power to limit the appointing pow
er and its incident. the power of re-
moval derived from the Constitu-
ton.
No Authority in Law.
Tho section referred to not only
iorbids the Executive 10 remove
these officers. but under takes to en-
power the Congress by a concurrent
resolution to remove an officer ap-
pointed by the Preside mt with tlt.
advice ard consent of the Senate
can find ir the Constitution no
warrant for the exercise of this
power by the Congress.
There is certainly no express au-
thority conferred and / am unable
to see that authority for the ex-
ercise CT this power is implied in
any express grant of power. On
the contrary, l think its exercise
is clearly neeatived by section .
of Article IL
That section, after providing the
certain enumerated officers and all
officers whose appointmen nts are not
otherwise provided for shall be ap-
pointed by the President with the
advice end conscnt OF the Senate
provides that the Congress may by
law vest the appointment of such
inferior officers as they think proper
IN the President alone. in the courts
of law, or in the heads of depart
ments.
II would have been within the
constitutional power of the Con-
gress. in creating these offices. t.
have vested the power of appoint
mert in the President alone, in the
President with the advice and con-
sent of the Senate, or even in the
head of department. Regarding
Us l do the pow er of removal from
office as an essential incident tc
the appointing rover, / cannot es-
cape the conclusion that the vest.
ing of this power of removal ir
tho Congress is rncors titutioEal and
therefore / am unable to approve
the bill.
am returning the bill at tho
earliest possible moment with the
hope that the Congress may find
time before adjournment to remedy
this defect. WOODROW WILSON.
/ The White House. June 1920