Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-04-14
estate OF THE UNI0N''
Text OF MESSAGE
and SECY,'S LETTER
apr14-17

feel constrained to transmit TO the
Senate for it's information. Also
copy of the resolution adopted by
the committee investigating the Blu
reau of Internal Revenue. This Is
done because it seems incredible
that the Senate of the United States
would knowingly approve the past
and proposed conduct of one OF its
committees, which this letter reveals.
There exists, and always should
exist, every possible comfy between
the executive departments and the
Senate. Whatever may be necessary
for the information of the Senate or
any of it's committees, in order to
enable them to perform their 1egis-
lative or other constitutional 1unc-
tions, ought always to be furnished
willingly and eXpeditiously by any
department.
The executive branch has nothing
that it would wish to conceal from
any legitimate inquiry on the part or
the Senate. But it is recognized both
by law and by custom that there is
certain confidential information
which it would be detrimental to the
public service to reveal. Such infor-
nation as can be disclosed, shall all
ways unhesitatingly direct to be laid
before the Senate. I recognize that
it is perfectly legitimate for the Sen
ate to indulge in political discussions
and partisan criticism.
Attack Goes Beyond Bounds
But the attack which is being made
on the Treasury Department goes
beyond any of these legitimate re-
quirements. Seemingly the request
for list of the companies in which
the Secretary of the Treasury was
alleged to be interested, for the pur-
pose Of investigating their tax re-
turns, must. have been dictated by
some other motive than desire to
secure information for the purpose
of legislation. The adoption of the
resolution referred to is apparently
subject to the same criticism.
The Senate resolution appointing
this committee is not drawn in terms
which purport to give any authority
to the committee to delegate their
authority, or to employ agents and
attorneys. The appointment OF, an
agent and attorney to act in behalf
of the United States, but to be paid
by some other source than the pub
lie treasury, is in conflict with the
spirit of 1854 of the revised statues,
the act of March 3. 1917.
The constitutional and lesalNrights
of the Senate ought to be maintained
at all times. Also the same must be
said of the executive department.
But these rights ought not to be
used as a subterfuge to cover I'M
warranted intrusion. 1t is the duty
Of the executive to resist such in
trusion and to bring to the atten-
ton Of the Senate it's serious conse-
uuences. That l shall do in this in
stance.
Constitutional Guarantees Fail
Under procedure of this kind, the
constitutional guarantees against UNI
warranted search and seizure breaks
down, the prohibition against what
amounts to government charge OF
criminal action without the formal pre-
sentiment of a grand jury is evaded,
the rules of evidence which have been
adopted for the protection of the inno-
cent, are ignored, the department be-
comes the victim of vague, unfo-mu-
lated and indefinite charges and in
stead of a government of law We have
a government of lawlessness.
Against the continuance of such
condition l enter my solemn protests,
and give notice that in my opinion the.
departments ought not to be required
to participate in 1t. If it is to be con-
tinued, if the government is to be
thrown into disorder by it, the respon-
Sibility for it must rest on those who
are undertaking it. 1t is time that we
return to a government under and in
accordance with the usual forms of the
law of the land. The state of the
Union requires the immediate adoption
of such a course.
Secretary MELONS Letter
The letter of Secretary Mellon. ad-
6rcs, Il to the president under date of
yesterday, follows:
On March IL, 1924. by Senate resolu-
ton 16S, the Senate appointed spe-
cial committee to investigate the Bu-
reau of Internal Revenue and suggest
corrective legislation. Senator CouZens
was the moving spirit of the resolution.
In urging the appointment of the CON-
mittee his purpose was ostensibly TO
obtain information upon which to rec
ommend to the Senate constructive re-
form in law and in administration.
With such a purpose I am entirely in
accord. From the line of investigation
selected by SenRto- Couzens and by the
atmosphere which he has seen fit to in
ject into the inquiry, 1t is obvious thai
his sole purpose is to vent some per-
sonal grievance against me. All COM
ranies in which have been interested
have been sought out. / have aided In
obtaining from them the waiver Of
their rights TO privacy and in the de-
livery of their income tax returns IN
complete details to the committee.
This investigation has disclosed that
no company in which / have been i'm
terested has received any different or
better treatment than any other tax
payer. The inquiry, so far as showine
that I favored my own interests, has
failed completely. Any constructive
purpose of the committee has now
been abandoned.
At meeting of the committee yes
terday. Senator Couzens carried a res
olution against the objection of the
two Republican members, empowering
Francis J. Heney to assume charge of
the investigation and to conduct the
examination of witnesses, with the un-
derstanding expressly stated in the
resolution that neither the committed
nor the government pay Heney's COM
pensation. In effect private individ-
ual Is authorized to investigate gener-
ally an executive department of the
government. This individual il maid