Evening star., 1921-02-13

~ oVERNfsdEET by executive
choice" as the late James
" A Tawney called it. is
beginning to show signs
OF innocuous desuetude at the ap-
proach of the Ides of March.
The first pledge that Senator Hard
ing gave to the people after his nomi-
nation was that as President he would
administer the laws as enacted by
Congress and not permit executive Of
dcers to twist the law by interpreta-
'tion to suit the convenience of either
the chief executive, some member of
the cabinet or a bureau chief. or even
some minor clerk. That pledge of
Mr.. Harding appears to have been one
of the most popular features of his
campaign, and the tremendous ma
Jority he received at the polls in No
Vember has made an impression even
upon members of the cabinet, the bu-
reau chiefs and the officers generally
who for eight years have acted as
though they considered this a govern
ment of men and not a government of
laws.
From the President down right
through the departments the practice
or policy or habit of finding excuses
for not enforcing the law as passed
and intended by Congress has been
reason that Harding's pledge of a
government by law met such an eager
response from the voters.
On June 8. 1920. the new shipping
act was passed. Section "a Specifical-
ly directed the President to notify for
elgn governments that certain sec
tions of some twenty commercial
treaties were abrosated. President
Wilson did not do so. saying that he
was not called upon to enforce law
in violation of a treaty. Congress has
been asking who should have decided
that point-the executive or the Su-
preme Court. Leading students of the
Constitution and federal law point out
that for nearly a century no other
President has gone quite that far in
setting aside the expressed will of the
law-making body. even in war time.
Andrew jackson came into the presi-
dency in 1929 and Immediately began
a night on the constitutionaIity of the
rational bank act. He took very dras-
tic measures. He ordered funds in
the national bank to be taken out and
deposited in eighty-nine state banks.
thus wrecking the national bank He
was terrifically resisted in Congress,
both the House and Senate strongly
denouncing him. The leadership in the
Webster. C1ay and Calhoun.
Jackson declared he was not to en-
force the law as some one else would
interpret it, but as he INTERPRETED the
Constitution. This arbitrary act led
to his censure in the Senate in 1894,
which owing to the persistent efforts
of Thomas H. Benton of Missouri. was
expunged in 1887. This is one Of the
most historic records of conflict be-
tween the executive and legislative
branch of government.
X = X
Other illustrations are easy to find.
Although Congress had given au-
fhority to continue the War Finance
Corporation, the Treasury Department
dropped 1t. and it took a special act
of Congress, passed over the Presi-
dents veto, to force the Treasury De-
partment to revive the institution.
Somewhat similar was the Course
taken to force a reduction in the size
overrode the Presidents veto, al
though the appropriations act had
given the executive branch to- under
stand the will of Congress.
The controversy now in the Senate
over the failure to obey the act of
Congress which gives preference to
ex-service men for all civil service
appointments emphasizes the evil tndC
Harding promises to reform.
There is considerable complaint that
the departmental Interpretation Of the
income tax law and of the Volstead
prohibition enforcement law has been
/. in many ways far different from that
intended by the trainers of these
measures as made clear during debate
in Congress
Attorney General Palmer has been
criticised and censured on his inter-
probation of the trading with the
enemy and the espionage acts. one
particularly striking example being
the statement prepared by twelve
eminent lawyers. which charged that
he absolutely misconceived the whole
purpose of the act.
r \ + 4
Tke recent decision Of Judge Ander-
son in Boston in the controversy be-
tween the Department of Justice and
the Department of Labor over depor-
tations held that the Attorney Gem
eral was about as far wrong in his
interpretations as possible. But this
case Is especially apropos here be-
cause either the Department of Labor
or the Department of Justice was
acting contrary to the intent Of Con-
gress-both couldn't be right.
Representative Frederick r. Lehlbach
OF New Jersey. co-author Of the civil
service retirement act. in a speech on the
floor Of the House. and in a letter to
plain that he believes Mr.. Bur1eson had
deliberately acted contrary to the ex-
pressed purpose of Congress written into
the law. The intention was that for the
advantage Of individuals certain efficient
employeS were to be- allowed to reYna in