The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-04-12
MELLON INQUIRY
IS PROTESTED
lContlnued From PAGE Onel


CONTINUED From Page Onel \
Turning to the Mellon letter to Presi
dent Coolidge, he read this extract:
when, through unnecessary inter
ference, the proper exercise of this dut.
(that of efficient conduct of his office.
is rendered impossible, I must advis
you that neither nor any other man Of
character can longer take responsibilit!
for the treasury"
This was by Implication state
ment to the President that 'if the in
vestigation doesn't stop he will resign,
Senator Robinson declared.
1t was under fear of losing his Sec
rotary of the Treasury" he added
"that the President had sent his extra
ordinary message to the Senate"
At the White House an authorized
spokesman previously had said the
President did not put such an interpre,
ton upon Mr.. MELONS words. The
sole purpose of Mr.. Mellon as disclosed
in several conferences with the Presi
dent before the message was sent to
the Senate, it was added, was to serve
notice that he would not be charged
with responsibility for the treasury I'D
some one else is going to run that de
partment."
The Message
The Presidents message, addressed
to the Senate, said:
Herewith is a copy of letter from
the Secretary of the Treasury, Hon.
Andrew w. Mellon, to me, which
| feel constrained to transmit to the SEN
ate for its information. Also a copy
of the resolution adopted by the COM
mil inv h. e =.
ternal 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 Sen.
ate. Whatever may be necessary fol-
the information of the Senate or any
of its committees in order to better
enable them to perform their legisla.
tive or oth8r constitutional functions
ought always be furnished willingly
and expeditiously by any department
Nothing To Conceal
The executive branch has nothin,
that it would wish to conceal from am
legitimate inquiry on the part of TIL
Senate. But it is recognized both sbt
law and by custom that there is Ger
tain confidential information which i
would be detrimental to the publ,
service to reveal. Such information a!
can be disclosed, l shall always unhes
ltatlngly direct to be laid before til,
Senate. recognize also that it i.
perfectly legitimate for the Senate t.
indulge in political discussions ant
partisan criticisms.
But the attack which is being mad,
on the treasury department goes be
yond any of these legitimate require
ments. Seemingly the request for 6
list of the companies in which the Sec
rotary of the Treasury was alleged Il
be interested, for the purpose of in
vestigating their tax returns, must have
been dictated by some other motiv,
than desire to secure information fol
the purpose of legislation. The adop
ton of the resolution already referred
to is apparently subject to the sam,
criticism.
The Senate resolution appointing
this committee is not drawn in term.
which purport to give any authority tt
the committee to delegate by authority
or to employ agents and attorneys
The appointment of an agent and at
tOrney to act in behalf of the United
States, but to be paid by some othel
source than the public treasury, is il
conflict with the spirit of section 49,
of the revised statutes, the act O
March 8, 1917.
THE constitutional and legal right
of the Senate ought ITO be maintained
at all times. Also the same must b,
said of the executive departments. Bu
these rights ought not to be used a.
a subterfuge to cover unwarranted in
trusion. 1t is the duty of the execu
tive to resist such intrusion and II
bring to the attention of the Senate
its serious consequences. Thar / shall
do in this instance.
Under procedure Of this kind, tn,
constitutional guarantees against unwar
ranted search and seizure breaks down
the prohibition against whaSsamount!
to government charge of criminal &C
ton without the formal presentment o
grand jury is evaded, the rules O.
evidence which have been adopted fol
the protection of the innocence are ig
nored, the department becomes the vic
tim of vague, unformulated and indef
mite charges and instead of a govern
ment of law we have n government o.
lawlessness.
Against the continuance of sucf
a condition, l enter my solemn pro
tests, and give notice that in my opin
ion the departments ought not to b.
required to participate in it. If it i,
to be continued, if the government ii
to be thrown into disorder by it, the
responsibility for it must rest on those
who are undertaking it. 1t is time
that we return to government un-
der and in accordance with the usua
forms of the law of the land. -Fhe
state Of the union requires tt, imme-