Evening star., 1924-04-11
Mellon Protests.

Mellon Protests.
Continued interference with the
proper exercise of his duty, Mr.. Mel
Ion said, would bring him to the point
where neither he nor any other man
of character can longer take respon-
sibility for the Treasury"
Referring to the action of the COM
mittee investigating the internal reve-
nue. bureau, President Coolidge said
under such procedure the conStitu-
tional guarantees against search and
seizure break down, the rules of evil
dence are ignored. the department be-
comes the victim of vague, unformu-
lated and indefinite charges and in
stead of a government of law we have
4 government of lawlessness."
The Presidents letter to the SEN
ate follows:
Herewith is a copy Of letter from
the Secretary of the Treasury, IAon.
Andrew w. Mellon, to me. which
feel constrained to transmit TO tho
Senate for its information. Also a
copy of the resolution adopted by the
committee investigating the bureau
of internal revenue. This is done
because it seems incredible that the
Senate of the United States would
knowingly approve the past and pro-
posed conduct of one of its commit
tees, 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 better
to enable them to perform their
legislative or other constitutional
functions. ought always to be fur
any department. The executive
branch has nothing that it would
wish to conceal from any legitimate
inquiry on. the part of the Senate:
But it is recognized, both by law and
by custom, that there is certain conf
Dental information which it would
be detrimental to the public service
to reveal. Such information as can
be disclosed, / shall always unheSl-
tatingly direct to be laid before the
perfectly legitimate for the Senate
to indulge in political discussion and
partisan criticism.
Says Attack Goes Too Far.
But the attack which is being made
on the Treasury Department goes be-
yond any of these legitimate require
ments. Seemingly the request for a
list of the companies in which the
Secretary of the Treasury was alleged
to be interested, for the purpose OF
investigating their tax returns, must
have been dictated by some other mo-
tive than a desire to secure informa-
tion for the purpose of legislation.
The adoption of the resolution al
ready referred to is apparently SUB
ject to the same criticism. The Sen
ate resolution appointing this COM
mittee is not drawn in terms which
purport to give any authority to the
committee to delegate their author
ity or to employ agents and attor-
neys 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 public Treas
ury, is in conflict with the spirit of
1864 OF the Revised Statutes, the act of
March 8, 1917.
The constitutional and legal rights
of the Senate ought to be maintained
at all times. Also the same must be
said of the executive departments.
But these rights ought not to be used
as subterfuge to cover unwarranted
intrusion. II is the duty of the Exec
utive to resist such intrusion and to
bring TO the attention of the Senate
it's serious consequences. That l shall
do in this instance.
Guarantee Breaks Down.
Under a procedure of this kind the
constitutional guarantee against un-
warranted search and seizure breaks
uOWn, Jn6 " AAh !
amounts to a government charge OF
criminal action without the formal
presentment of grand jury IS
evaded, the rules of evidence which
have been adopted for the protection
of the innocent are ignored, the de-
partment becomes the victim OF
vague, unformulated and indefinite
charges, and instead of a government
of law we have a government OF law
| lesSness.
Against the continuation of such
a condition 1 enter my solemn pro-
test, and give notice that in my opln-
ion the departments ought not to be
required to participate in II. If 1t
is to continue, if the government Is
to be thrown into disorder by IT, the
responsibility for it must rest on
those who are undertaking II. 1t is
time that we returned to govern :
ment under and in accordance with
land. The state of the Union requires
the immediate adoption of such a
course. CALVIN COOLlDGE.
Secretary Melons letter to the
President follows:'
Dear Mr.. President:
"On March IL, 1924, by S. Res. 16S,
the Senate appointed special COM
mittee to investigate the bureau of in
ternal revenue and suggest corrective
Legislation. Senator CouZens was the
moving spirit of the resolution. In
urging the appointment of the COM
mittee his purpose was ostensibly to
obtain information upon which to
recommend to the Senate constructive
reforms in law and in administration.
With such a purpose / am entirely in
tion sleected by Senator Couzens and
by the atmosphere which he has seen
fit to inject into the inquiry, it is now
obvious that his sole purpose is to