The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-06-05
HOUSE YIELDS ON
PRESIDENT VETO
Budget Bill Repassed With
Amendment to Meet Viii
sons Objections.

WASHINGTON, June 5.-After it had
been amended to meet President Will
sons objections, the bill to establish q
national budget system July /. was re-
passed today by the house and sent to
the senate.
President Wilson last night vetoed
the bill and an unsuccessful attempt
was made in the house to pass the
measure over his veto.
The veto was 17S to 103, or nine less
than the required twO-thirdS majority.
Thirty five Democrats joined with the
Republicans in voting to pass the meas
urc.
The measure was held by the presi-
dent to be unconstitutional because 1t
took from the chief executive the power
to remove the comptroller general and
the assistant comptroller general, Of
ficers who would be appointed by him
with the advice and consent of the SEN
ate.
measure without his. approval with
Sin entire sympathy" with its objects.
He added that he returned 1t at "the
earliest, possible moment with the hope
that the congress may find time before
adjournment to remedy this defect"
Notifying congress that he was re-
turning the bin without his signature,
President Wilson in his veto message
said:
II do this with the greatest regret.
! am in entire sympathy with the OBJ
Jects of this bill and would gladly ap-
prove it but for the fact that l regard
one of the provisions contained in
section 3O3 as unconstitutional. This
is the provision to the effect that the
comptroller general and the assistant
comptroller general, who are to be ap-
pointed by the president, with the ad-
vice and consent of the senate may be
removed at any time by a concurrent
resolution of congress after notice and
hearing, when in their Judgment the
comptroller general or assistant comp
troller general is incapacltated or in
efficient or has been guilty of neglect
of duty, or Of malfeasance of office or
of any felony or conduct involving
moral turpltude, and for no other cause
except either by Impeachment. TIL,
effect of this is to prevent the removal
of these officers for any cause except
either by Impeachment or a concurrent
resolution of congress. 1t has, | think,
always been the accepted construction
of the constitution that the power to
appoint officers of this kind carried
with it, as an incident, the power to
remove. l am convinced that the con-
gress is without constitutional powers
to limit the appointing power and its
incident power of removal derived from
the constitution.
The section referred to not onlv for
DiuS tlle eAeCutlNe 10 remove IneSe OF
flcers, but undertakes to empower the
congress by a concurrent resolution tC
remove any officer appointed by the
president with the advice and consent
of the senate. can find in the con
Stitution no warrant for the exercise
Of this power by the congress. There
is certainly no expressed authority con.
ferred and | am unable to see that au-
thority for the exercise of this power
is implied in any expressed grant OF
power. on the contrary. J think its
| exercise Is clearly negatived by sec.
| tion of article 2. That section, after
| providing that certain enumerated of.
fieers and all officers whose appoint,
ment are not otherwise provided fol
shall be appointed by the presidsn
with the advice and consent of the sen.
| ate, provides that congress may by Law
vest the appointment Of such inferior
| officers as they think proper in tn,
president alone, In the course of law
| or in the heads of department. L
would have been within the constitu
| tional power of the congress In Great
ing these offices, to have vested tn,
| power of appointment in the presi.
| dent alone, in the president with the
| advice and consent of the senate. OF
| even in the head of a department. Re
| garding as | do the power of removal
| from office as an essential incident tC
| the conclusion that the vesting of thi.
power of removal in the congress /.
! unconstitutional and therefore | am un,
| able to approve the bill.
| Il am returning the bill at the earlieS
possible moment with the hope that the
congress may find time before adjourn,
| ment to remedy this defect"