Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-06-05
HOUSE REPASSES
BUDGET MEASURE
AFTER AMENDING
Bill Acceptable to President
Goes to Senate for
Quick Action.

NNtSN 'SltOlts
After it had been amended to meet
President Wilson's objections. the bill
to establish a national budget system
July l was repassed today by the
House and sent to the Senate
The President vetoed the bill last
night because exclusive authority was
given to Congress to remove the con-
troller general and assistant con-
troller general. whose appointment by
the President is provided in. the
measure. The House failed to pass
the measure over the veto and sent
it to a committee.
The measure was reported today
with an amendment giving the Su-
preme Court authority to appoint and
remove tn .se officials.
This met with a storm of protest
from the democratic side and repub
lican leaders agreed to a change plac-
ing the control over the two officers
with the President. who would ap-
point them with the advice and con-
sent of the Senate"
Chairman Good of the appropria-
lions committee in charge of the bill.
in accepting the change, declared his
Dtllel tfldL the measure was "edhtT-
ed, adding that he was willing to &C
cept the change so as to get the
national budget system established"
Repre- Wingo. democrat, Ar
kansas. had complained that the re-
publicans sought to lam through"
the bill with a constitutional ques-
ton unsettled, but this was denied by
publican leader.
roIunN Do EWnrf
This is a mean. petty partisan ef-
fort to slap the President in the
face" declared Mr.. Wingo.
mo one has any intention to slap
the President in the face" retorted
Mr.. Mondell. pointing out that the
committee unanimously supported the
program of vesting the control over
the controller and his assistant in the
Supreme Court.
Fflibuster Threatened.
Representative Byrns, democrat.
Tennessee. a member of the budget
committee. also denied that the COM
mittee proposal was an affront. to
President Wilson. declaring that the
intention was to make the most eff
fective bill that was possible. He
added that it would be perma-
nent law applicable to all future
Presidents as well as to Mr.. Wilson.
however. were threatening to fllibus-
ter. and Mr.. Good then announced his
willingness to concede their point.
and the bill was passed. going to the
Senate.
Regrets Returning Bill.
The President. in his veto message,
said he returned the measure unap-
proved with the greatest regret" be-
cause he was lin entire sympathy with
it's objects.
The vote. taken at midnight. to pass
the bill over his veto was 17S to 1913.
or nine less than the required two
thirds majority. Thirty-five demo-
Gratis joined the republicans in vot-
ing to disregard the Presidents OBJ
lection
President Wilson in his veto mes
sage said:
Il 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 re-
gard one of the provisions contained
in section 3O3 as unconstitutional.
This Is the provision to the effect that
the controller general and the as
sistant controller general, who are to
be appointed by the President. with
the advice and consent of the Senate.
may be removed at any time by a con-
current resolution of Congress-, after
HOtiSc anu HSdIlHS. "HcH III SuCb
judgment. the controller general or
assistant controller general 10 in
capacitated or inefficient. or has been
guilty of neglect Of duty. or of mall
feasance of Office, or of any felony or
conduct involving moral turpitude.
and for no other cause except either
by impeachment.
Prevents Removing Onicers.
The effect of this is to prevent the
removal of these officers for any
cause except either by impeachment
or concurrent resolution of Con-
gress. 1t has. l think, always been the
accepted construction of the Constitu-
ton that the power to appoint officers
of this kind carries with it. as an in
cident, the power to remove. Ig7
II am convinced that the Congress
is without constitutional powers 10
limit the appointing power and ITS
incident power of removal derived
from the Constitution. -
The section referred to not only
forbids the executive to remove these
officers out undertakes to empower
the Congress by concurrent resolu-
ton to remove sn officer appointed by
the President with the advice and
consent of the Senate. / can find in
the Constitution no warrant for the
exercise of this power by the. Con-
gresS. There is certainly no express
ed authority conferred. ana i am uu .
able. to see that authority for the ex-
ercise of this power is implied in
any expressed grant Of power On the
contrary. / think its exercise is clear.
ly negatived by section of article III.
That section. after providing that cer-
tain enumerated officers and all Of
ficers whose appointment are, not
otherwise provided for shall be- ZAP
pointed by the President with the -ad-
vice and consent of the Senate. pro-
vided that Congress may by law vest
the appointment of such inferior Off :
GERS as they think proper in the Pres
ident alone. in the course of law. or
in the heads Of departments. 1t would
have been within the constitutional
power of the Congress. in creating
these officen. to have vested the pow
er of appointment in the President
alone in the President with the adj
vice and consent of the Senate. or
even in the head of department.
Regarding. as l do. the power of re-
moval from Office as an essential iuci-
dent to the appointing power. + can
not escape the conclusion that the
vesting of this power of removal IN
the Congress is unconstitutional. ana
therefore l am unable to approve the
bill.
IT am returning the bill at the ear
Hest possible moment with the hope
that the Congress may find timer be-
fore adjournment to remedy this de-
feet"