davidaulloa/AmericanStories huggingface dataset:
Evening star., 1925-04-12
Issue Between President and Congress
Now Before Supreme Court for Decision

tween Controller General McCarl and
the executive branch of the Govern
ment
3. President Cooidge's recess nomination
of Thomas F. Woodlock as Interstate
Commerce Commissioner after the
Senate had twice failed to act
regular nominations of Mr.. Woodlock.
X * x y
Specific references to the pretensions set up
by Controller General McCarl are made by
Solicitor General Beck in his brief for the Gov
ernment. In effect the brief argues that the
President should be clothed with the right re-
gardless of Congress- to depose at his own dis
cretion, any incumbent of the controller gem
eraIship. Mr.. McCarIs position, throughout his
stormy four-year career in Washington, has
been that nobody can remove him except Con-
gress which created his Office. The cause, now
to be thrashed out in the Supreme Court
amounts to test of the legality of the act of
Congress which made the controller general ir-
removable for Is years except at Congress be-
hest.
Mr.. Beck's brief minces no words in dealing
with the controller generals status. 1t says:
THE case presents to the court two concrete
instances of existing laws, in which a vital
prerogative of the President is involved
"The is his power to remove a postmas-
ter for the good of the service and without ac-
countability to the Senate. The other is his
power to bring the office of the controller gen.
eral into harmonious cooperation with the other
departments of the Government"
X X
The conclusion of the Governments argu-
ment, as voiced in the Beck brief, Is almost
clusively devoted to the necessity of curbing
the pretensions of the controller general to
ignore and override the will of the executive
branch-the President and his cabinet. In
passage that goes straight to the McCarl issue,
the solicitor general says:
IF the court should accept the Myers
tenton, and, for the first time hold that Con-
gress may regulate the power of removal, and
IL Congress- with its existing powers thus
plified, should hereafter exercise that power
did the Congress in 1887 (which led to the i'm
peachment of Andrew Johnson), the equilibrium
of our Government would be destroyed.
Evening star., 1925-04-12
BY Gen. Henry Il. Allen. who com-
IHanded the American Array ON the
RhfnA

by Gen. Henry Il. Allen. who corn-
IHanded the American Array ON tn
Rhine.
What support, IL any, can old Mar
shall Won Hindenburg-the loyal serv-
ant of the Kaiser, the hero of the
Great War in the eyes of the German
people-expect from the liberal par
ties? Upon that and the shifting of
the Communist vote toward the Lib
eral candidate depends the election
of April 26.
DR.. Marx. who was backed solidly
by the Socialists, Centrists and Dem
ocrsts in the recent election, and is
again their candidate, received some
thing less than $4,000 600 votes. while
DR.. Jarres, the candidate of the Ma
tionalist bloc received something
more than 100000. Assuming that
the disaffection of the Peoples Party
under the leadership of DR.. Strese-
mann has been removed and that that
party. the Bavarian Peoples Party,
and the Ludendorff Fascists vote SOL
idly for the marshal, there would still
remain about one million votes short
OF the election Of the monarchist can
didate.
What would the election of an ex-
treme monarchist such as Won Hin
denburg mean? An important French
daily suggests that it would be sim
ply the prelude to having a son of
the exkaiser follow him in the presi-
dency, and at the first favorabl op-
portunity the restoration of the mon
archy. Probably the most serious re-
suit would be the loss by the world
of the growing confidence in Ger
many's intentions toward the YER
sailles treaty, toward the Dawes plan
and toward those principles that
Evening star., 1925-04-12

Power instead of being truly balanced be-
tween the executive and the legislature, would
pass to the legislative branch. The morale of
the executive department would be shattered,
for there be spirit of authority in that
department wnen an unworthy official could ap-
peal from the President to Congress-
1T may not always be true that
serve two masters. but 1t Is true that he will
not willingly do so; and nothing could be more
destructive of the discipline of the executive
department than the ability OF any official in
the vast civil establishment to appeal the
head of the President to Congress.
IF it be suggested that this argument deals
with shadows and that the court need not take
into consideration potential mschiefs which
may never be realized, the answer is that the
court is dealing with something more than
a shadow--it is dealing with reality
X x X x
Then the Governments counsel tackles ham
mer-and-tongs the mischief" and the reality"
he mentions. 1. e., the insistence OF John C.
McCarl, controller general, that he is respon-
sible to Congress and Congress alone AS the
Beck brief went to press, it asserts there was
a fresh instance of McCarl confusion worse
confounded"-the refusal of McCarl to honor a
compensation voucher issued by the Secretary
of the Navy in favor of member of the Fleet
Reserve Force. Beck charges McCarl with "as-
sumption of extraordinary powers that disar-
ranges the machinery of the Government"
The United States in the Myers action is not
seeking to create an executive despotism," but
it aims at Interpretation by the Supreme
Court Of the desire of the trainers of the Con-
stitution mot to create Legislative despotism
over executive appointment and removals."
President Coolidge has just given a recess
appointment to Thomas F. woodloek of New
York, as a member of the Interstate Commerce
Commission. The appointment followed two
nominations of Mr.. Woodlock in succession,
after the Senate had declined to act on them.
In the opinion of constitutional lawyers watch
ing the Myers case, the Supreme Court will lay
down definition of executive authority or con-
gressional prerogative that may pave the way
to another Warren episode over Woodlock when
the Senate reassemb1es in December.
Copyright, 1891
Evening star., 1925-04-12

think wholly inconsistent however,
for we do not specify any single form
of religious exercise, but simply that
man shall put himself in contact
once a week, under such denomina-
tional auspices as he chooses, with
religious influences which pertain to
the day. Personally, 1 do not think
that this has the hazards that were
involved in the prescribed morning
exercises. but If it should appear at
any time that the results of this re-
quirement were what seemed to be the
results of the other requirement. I
should expect that the college would
not blind itself to the fact
Q. Why has Dartmouth been criti-
cized for being irreligious?
A. Probably because of the pub
licity given to us by those who have
| genuine question in regard to the re-
suits of certain fundamental policies
of the college. Such men as Mr
Bryan, for instance, who believe that
Evening star., 1925-04-12

A. No. 1t is for this reason that
Dartmouth recently did away with
compulsory morning chapel. The col
lege stands to the student unquestion-
ably in loco PARENTS, and when morn
ing prayers was the conventional
method of beginning the day in the
homes from which students came,
there was at least a naturalness in the
analogy by which the college contin-
ued the custom in the compulsory
chapel service known as morning
prayer"
Under modern conditions, however.
not one student in hundreds has ever
experienced prayers" at home. and
there is no analogy to create an un-
derstanding of what the institution is
all about when the college undertakes
to maintain it,
On the other hand, we are not Who'll
ly consistent in this matter, for we
require attendance at some religious
service on Sunday. This / do not
Evening star., 1925-04-12

- states finally set the stage Tor 'the
\ constitutional battle of the century.
O The case of the Portland, Greg. post
master, whose estate is suing the Government
for pay arrears, brings up every issue involved
in the contest for power between the President
and Congress Argument will begin before the
Supreme Court tomorrow.
The prerogative of the President will be de-
Tended by James Montgomery Beck, solicitor
general of the United States. The rights of
Congress will be advocated by Senator George
Wharton Pepper of Pennsylvania, chosen for
that purpose by the court, but, in fact, desig
mated by the judiciary committee of the Senate.
Senator Thomas ]. Walsh of Montana was orig
inally in view for the purpose, but Is understood
to have declined the appointment.
X
Messrs Beck and Pepper are among Ameri-
cas- foremost constitutional authorities. The
solicitor generals recent history Of the Consti-
tuition Is just out in edition for which Pres-
dent Coolidge has written a striking introduc-
tion
The Supreme Court is now called upon to
render a decision likely to govern all future
relations between the President and Congress.
Concretely involved are Cd the right of the
President to remove executive officers and CD
the power of Congress to restrict him in the
exercise of such prerogative.
The immediate past, present and future,
each with a specific application, wrapped
up in the case. In his powerful brief defending
the presidential prerogative as against the DOM
ination of Congress, Mr.. Beck asserts that mo
lesser question is involved than the preserva-
tion of the Independence Of the President, which
is essential to the perpetuity of institu-
tions" Mr. Beck declares that "the question
in this case is of profound Importance. The
principle is of the very foundation of Gov
ernment.''
The issues of contemporary significance.
all of which Myers VS.. United States has bear
ing.
/. The recent Warren episode in the
United States Senate
a. The "inharmonious" relationship be-
Evening star., 1925-04-12
DEMOCRATS DIM HOPES
FOR FRACTIONAL CLASH
Disappoint Republicans by Canceling
Jefferson Day Dinner-Latter I'm
worried by Tariff Fight Threat.

licans and this administration ard
concerned. period of rest from taria
tinkering: that the country can go II
bed at nights and sleep in peace with
no fear of being confronted at break
fast next morning by a threat of
change in the existing schedule OF
the tariff.
Business Is Gained.
This has had a calming effect on
business. In manufacturing lines if
is necessary to be reasonably assured
a long time in advance what the
future holds of possible Legislative
upsetting. Plans have to be mada
far ahead in the purchase of raw
materials and for manufacturing.
Indeed there seems at this time TO b4
promises of greater period Of
quiescence than has existed for sew
eral years.
The administrations projects fof
legislative activity in the next Cone
gress are upon broad constructive
lines which do not involve disturb
ance Of existing conditions, but only
prospective betterment of them. IL
the Republican judgment of the Dem
ocratic plans for dealing with the
tariff question in the campaign is
correct, the Democratic harping upon
the Republican failure TO reopen the
tariff question viii be as water that
has gone over the wheel. 1t would
grind no political grist. The Repub-
| licans think that the voters Will bs
more satisfied with peace in indus
trial circles, the continuance of in
dustrial activity and steady employ
ment of workingmen at remunera-
tive wages, than over the Seething
and turmoil raised by politicians, and
discussion Of what might have been
had the tariff been reopened.
Activity lis Asset.
Industrial tranquility and activity
has long been claimed as an asset of
the carrying out of Republican poll
cies. The sight Of coal smoke pour
| ing from factory chimney-stacks is
the real pillar of cloud by day TO
them, and the glow Of furnaces by
night the sign of national prosperity.
Threats by the progressive Repub-
| licans that they will join with the
| Democrats upon any genuine pro-
gram of the latter to force tariff re-
vision do not appeal to administra-
| tfon leaders in Congress, it is said
| They point out that an endeavor of
the progressive Republicans to throw
| a monkey wrench into the industrial
machinery of the country will be
| hampered by the fact that they are
such small minority in Congress
| Furthermore, as stated. the Demo-
Gratis will be far from united on
tariff reduction. Then, it is TO he
borne in mind that the initiative in
| tariff revision rests in the House oC
Representatives, and there the pro-
gressives are still in greater minority
than in the Senate
When it comes to starting some
thing, therefore. that might prove
| effective the Democrats and the pro-
gressive Republicans find their pros
| pective activities hampered
Evening star., 1925-04-12
Give Ideals. Practical Shape,
Bishop Advises Senator Borah

foreign to Senator Borahs meaning.
Concurrently with the latter's state
ment the President is reported to have
said that when a party goes to the
country with certain principles and
wins the election on these principles,
it then devolves upon it to organize
Congress in such a way as to put
these principles into effect" A plat
form can never be anything less than
a compact between elected and cleo
tors. 1t cannot be treated as scrap
of paper" without dishonor.
President Coolidge's position bears
the marks of honest, careful think
Ing. Senator Borahs does not; it is
an appeal for special privilege, a bid
for unchartered freedom, which if
extended widely would be death to
our form of Government. Neither is
it matter of politics, but of elemen-
tary ethics involving good faith ard
the sanctity of agreements.
Evening star., 1925-04-12

the college factory quantity
4 production idea?
Have colleges
Have pocket TASKS and
Is religion in college thing of the past?
Do the young people of know how to
Have allowed much n scho
Is the making OF made the god system educa
ton:
Has real culture been pushed into the background?
o a ed
the leading
will of
The NJ
Hopkins University appears below Succeeding
Evening star., 1925-04-12

" HOSE politicians. and espe-
cially the wicked Republicans,
who were gloating over the
Il prospect of clash OF fac
tional opinions at the JeffeT-
son day dinner in Washington, April
Is, are disappointed. They are to
be baked of their prey. william
Jennings Bryan and Franklin ID.
Roosevelt have signifed that they
could not attend. Mr.. Bryan is to
be detained by some speaking en-
gagement in Miami, and Mr.. Roose-
Welt is restoring himself to health
at Warm Springs, Va
That's too bad, from the viewpoint
OF the politicians who are always
hoping for trouble in the other sides
camp and eager to help along a
shindy. They say "the night is
young, however" and they will not
despair of something breaking" to add
to the gayety Of politics. While there
Is Bryan there Is hope and it is
thought here that he may be induced
on his visit North, during the month
of May, to discuss Democratic politi-
cal affairs.
Tariff Issue to BE Forced.
Democratic leaders are still in
sistent that they will force tariff
! revision as an issue in the next Con-
gress. The Administered tion has signi-
/ fed most plainly it has no intention
| of sponsoring the revision of the
tariff by the next Congress Some
Democrats who deny the old axiom
| that you can lead horse to water
! but you cannot make him drink still
| persist, that they will force the
| Republican horse TO drink out of the
| tariff revision trough
| Ia
politicians in the sincerity of this
| threat by the Democrats What they
| think the Democratic leaders really
have in the back of their minds is
! the purpose to use the tariff issue
] in the campaign and at the elections
| after the Republican Congress shall
| have refused to revise the tariff.
| The Democratic play then will be,
! according to the Republican doubling
| Thomases, to go before the country
| with the charge that the Republicans
| have sidestepped the tariff issue and
left the country still under the domi-
nation of the trusts and high prices
G. o. p. Not Convinced.
These Republicans insist that when
| 1T comes down to cases the Demo
Gratis should be just as wary about
bringing the tariff up in Congress
| DeIore the congressional election as
any one else. They point out that
Democratic differences of opinion
over the tariff would be disclosed
as just as acute in some schedule.
as contentious between the progres.
sive Republicans and the high tari1
advocates.
Assurances have been given to the
business and manufs cturing interests
of the country by the administration
in plain and unequivocaI terms, thai
they can expect, so far as the Repub.
Evening star., 1925-04-12
Divorce Epidemic
Reported in Hungary

Desider Laky, professor in the Uni
yersity of Budapest. asserts that
Hungary is experiencing a divorce
epidemic. Divorces last year NUM-
bered AS to each 100, 900 married
pairs, as compared with 81 in 1895
Prof. Laky attributes the increase In
divorces to economic conditions. Most;
of the divorces are among the mid
die classes.
Suicides. too. have increased 18th
in Budapest and Vienna.
Evening star., 1925-04-12
BY FREDERIC WILLIAM VILE.

= REFS just filed in Myers VS.. United
States finally set the stage for "the
\ constitutional battle of the century"
The case of the Portland, Greg, post
Evening star., 1925-04-12

Continued on Third Page.)
Evening star., 1925-04-12
The HeRe Endangered.

Today we are more crowded.
People live close together. To think
requires solitude and space. Also we
are on the go from morning to night
The home has disappeared The
father comes home at night tired out
Evening star., 1925-04-12
BY n. o. MEssENGEH.

/" HOSE politicians. and espe-
cially the wicked Republicans,
who were gloating over the
Il prospect of a clash OF fac
Seward daily gateway., 1925-01-15
POPULATION IS
 BLAMED FOR REVOLTS

RIO DE JANEIRO, Jan. 14-Eter- nal antagonism displayed by the pop ulation of Rio de Janeiro toward all Brazilian government, particularly mo- ticeable during the disorders within recent months, is due to the large foreign population in the city, many Brazilian newspapers contend.
 Over 20 per cent or something like 23O,OOO of the inhabitants of Rio de Janeiro, were born in other countries, coming to Brazil for the most part from Portugal and Spain.
 The state of Sac Paulo, whose cap- ital city was the site of rather seri- ous revolutionary outbreak last July, likewise has large foreign popula- tion. Eighteen per cent of the total population of that wealthy coffee pro- ducing state, or approximately S3O,OO0 persons, are not native born Brazil ians.
 The most orderly state of Brazil is Piauhy, which numbers only 236 for eigners within it's borders.
Seward daily gateway., 1925-01-15
Women Opposed to War
 to Gather In Washington

MINNEAPOLIS, Jan. 14.-The Ma tional Congress for the Cause and Cure of War, to be held at Washing ton, D. C., Jan 1924, will offer a course of study by the best experts to determine just why wars have oc- cured and how they can be pre- vented, and will not be a conference of propaganda or hysteria, according to Mrs. Thomas c. WintNr chairman of the program committee and for mer president of the General Fed eration of Women's clubs.
 Six hundred women representing six large national women's organi- Lations have been invited to attend. They are the Federation of Wo. l!ans clubs, The National League O. V, omen Voters the American As sGc's ton of Univo sity Women, the l'a,iCnaI Young WOmen's Christian A:stciation, the National Christian Temperance Union and the Council O. Jewish Women.
 With .ha con cluslon of the con- .rt!.pce, said Mrs. Winter, state ment of the findings will be drawn up and each of he represented or ganizations asked to sign it, giving a working basis for further action toward international peace.
Seward daily gateway., 1925-01-15
BUT THE EARL HAD
 CHANGED HIS MIND!

LONDON, Jan. 15.-The sixth Earl of Longford, who is twenty-one years old, and whose mother is a daughter of the seventh Earl of Jersey, was married the other day to Miss Chris tine Trew, of Oxford.
 Some earl or duke with a sly sense of humor and a good scrapbook, en- livened the wedding party with a clip ping from a speech the Earl made when he was at school at Eaton.
 T have a terror of women," he said. "They are like fire-nice to have in room, but one is apt to get ones fingers burned"
 The young earl took it like a good sport and admitted the treats were on him.
Seward daily gateway., 1925-01-15
LEAP YEAR FAILS CALIFORNIA SPINSTERS ACCORDING TO ALL
 FIGURES OF STATE OFFICIAL

SACRAMENTO, Jan 14.-Leap year, supposed to be the time when spinsters pop the questions and lead their victim to the altar, according to an announcement today by l.. E. Ross, director of the State Bu- reau of Vital Statistics, who said that 32.2 per cent. of all brides in the State during the last twelve months have been girls between the ages of fifteen and twenty years, girls who in all probability did not exercise their leap year preroga- tive
 Girls between the ages of twen- ty-one and twenty-five years made up 29.5 per cent. of the brides, Ross said. But this is not an in- crease over the 1923 records. Wo- men between twenty-six and thirty actually had less luck in gaining husbands during the leap year than women of the same age last year, Ross said.
 Ross figures showed that women over the age of thirtysix were no more fortunate in attaining the mar ital state than women in the same category have been in years gone by. He drew the conclusion that they either shirked their opp pJrtun- ities for leap year proposals or found their selected men unresLon- sive.
Seward daily gateway., 1925-01-15
TAkOTNA IGLOO ELECTS
 OFFICERS COMING YEAR

At the special meeting of Tokotna Igloo of Pioneers, on Monday night December 22, at which good sized attendance was present, the following officers were elected for the coming year:
 President, A. X. Grant; Vice Presi- dent, Gus Gullikson; Secretary, Eli Walker; Treasurer, Christ Peterson; Chaplain, Robert E. Lowrie; Histor- ian, Anthony Sweeney; Sergeant-at- Arms, Chris Nelson. Trustees, Jake Estleman, one year; John Heino, two years; Gus Christainson, three years.
Seward daily gateway., 1925-01-15

handle liquor cases, yesterday an nOunced that he had refused to ac- cede to Attorney General Stones request that he resign on January 15.
 In a ten page letter, Van Riper, referring to Mrs. Willebrandt, said;
 There will always stand out in this case the undeniable fact that proud woman, angered by newspaper publicity commenting the district attorney for his work in the Wee haken case, and inspired and spur red by the loose talk of those who had political axes to grind, lost her head and published malicious tele- gram which she dared not attempt to substantiate and which she lack ed the courage to repudiate."
 The telegram mentioned by Van Riper was one from Mrs. Willie brandt ordering that he be barred from handling liquor cases.
 The department of justice prob ably will move speedily to remove Van Riper from office.
Seward daily gateway., 1925-01-15
LOW TIDES AND COLD
 DAMAGE OYSTER CROP

OLYMPIA, Jan. 14.-Heavy damage to the oyster crop in and around Olym- pia, has resulted from the hard freez- es during the past few nights when tides have been lowest. While no accurate estimate of the extent of the damage has been made, oyster men say they have ascertained it will be quite heavy.
 The exceedingly low tides of this week, eliminating in the lowest last night, left the oyster beds exposed for several hours, during the coldest mo- ments, killing large numbers of the bivalves. The lowest run of tides and the hard freezes rarely come at the same time