South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-06-05
WILSON HOLDS
BUDGET BILL
IS DEFECTIVE
Says Authority to Remove the
Comptroller General is
Executives Power.

WASHINTON. June 4.-The bill
10 established national budget
system, was vetoed Friday night by
Pres't Wilson. The measure was
held by the president 20 be uncOn-
stitutional. because it took from the
chief executive the power 20 remove
the comptroller general and the as
elstant comptroller general, ot1cers
who would be appointed by him
with the advice and consent OF the
senate.
The president said he returned
the measure without his approval
with the greatest regret because
he was ''in entire sympathy with
its objects. He added that he re-
turned IL at the earliest possible
moment with the hope that the con-
lress may find time before adjourn
luent TO remedy this defect
The veto Message.
Notifying congress. that ne was re-
turning the bill without his sigma
lure. Pres't Wilson in his veto mes
sage said:
Il do this with the greatest re-
gret. / am in entire sympathy with
the objects Of this bill and would
GLADLY approve 1t but for the fact
that / regard one of the provisions
contained in section 500 as uncOn-
sfitutional. This is the provision TO
the effect that the comptroller gen
eraI and the assistant comptroller
general who are 10 be appointed by
the president. with the advice and
consent OF the senate may be re-
moved at any time by a concurrent
resolution OF congress after notice
and hearing. when I'm their Judge
ment. the comptroller general or as
sistant comptroller general IS inca
pacitated or inefficient or has been
guilty Of neglect of duty. or OF NAL
feasance Of office or OF any felony
or conduct involving moral turpi-
fude. and for no other cause except
either by impeachment or concur
rent or congress. It nas. I think,
always been the accepted cOnstruc-
ton of the constitution that the
power TO appoint officers of this
l,ind carries with IL. as an incident
the power 10 remove.
Il am convinced that the congress
is without constitutional powers 20
limit the appointing power and its
incident power of removal derived
from the constitution.
Refers To SECTION.
The section referred 10 not only
forbid the executive 10 remove these
officers but undertakes to empower
The congress by a concurrent reso-
luton to remove any officer appoint
I'd by the president with the advice
and consent of the senate. 1 can
lind in the constitution no warrant
for the exercise OF this power by the
congress. There is certainly no eX-
pressed authority conferred and i
ann unable TO see that authority for
The exercise of this power is implied
4 r,Fw a IN
the contrary. j tlirfI its exercise Is
clearly negatived by section two Of
article two. That section after pro-
Viding that certain enumerated Off
GERS and all officers whose appoint
ment are not otherwise provided for
shall be appointed by the president
with the advice and consent Of the
senate. provides that congress may
l.v law vest the appointment Of such
inferior officers as they think pro-
per in the president alone, in the
course of law. or in the heads of
department IL would have been
been within the constitutional power
of the congress in creating these
officers. 10 have vested the power Of
appointment iu the president alone,
IN the president with the advise and
consent OF the senate. or even i'm the
head Of a department Regarding
as do the power Of removal from
office as an essential incident 20 the
appointing power. I cannot escape
the conclusion that the vestinE of
this power OF removal IN the con-
gress is unconstitutional and there
fore ! am unable TO approve the
iill.
r am returning the bin at the
earliest possible moment with the
hope that the congress may find
time before adjournment TO remedy
this defect