The Republican. [volume] (Oakland, Md.) 1877-current, 1924-05-22
COOLIDGE: Tells
Senate IT ERRs
President Protests Against the
Searching Of treasury Files
and Hiring of Heney.
MELLON CHARGES SPlTEWORK
Mellon Mentions unnecessary Inter
ference"-Prcsident Says State
Of Union Requires Return to
Legal Forms of Government.

ngton.-President Coolidge in
a message to the Senate advised that
body to maintain its constitutional
and legal rights" in conducting in
vestigations.
The message, couched in direct
language, was occasioned by the &C
ton of the Senate committee investi-
eating the Internal Revenue Bureau
in employing Francis ]. Heney, OF
California, as special prosecutor at the
instance and at the expense of Sen
ator Couzens of Michigan, a Repub-
lican member of the committee.
Employment OF Heney was declared
by the President to be in conflict with
law and procedure likely to throw
the government into disorder.
at is time that we return to a gov
eminent under and in accordance
with the usual forms of the law of the
land" the President said; the state
Of the Union requires the immediate
adoption of such a course"
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
Senate for it's 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 its committees. in order to en-
able them to perform their legislative
or other constitutional functions,
ought always to be furnished willing
ly and eXpeditiOusly by any depart
ment.
The executive branch has nothing
lHdI II hOulu. WISH W COHC6dl
any legitimate inquiry on the part of
the Senate. But it is recognized both
by law and by custom that there is
certain confidential information which
1t would be detrimental to the public
service to reveal. Such Information
as can be disclosed | shall always I'M
hesitatingly direct to be laid before
the Senate. l recognize also that it
is perfectly legitimate for the Senate
to indulge in political discussions and
partisan criticism.
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 companies in which the secre-
tary of the treasury was alleged to
be interested. for the purpose of in
vestigatng their tax returns, must
have been dictated by some other mo-
tive than a desire to secure informa-
ton for the purpose of legislation.
The adoption of the resolution already
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 public
treasury 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. 1t is the duty of the eXecu-
tive to resist such intrusion and to
bring to the attention of the Senate
its serious consequences. That l shall
do in this instance.