Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-01-15
REORGAN|z|NG
LEGALITY DOUBTED
Constitutiona|ity of Mapes'
Proposal Questioned in
House Hearing.

The ConSiitutionality of the Alapes
proposal for reorganization OF the ad-
ministra tive bra inches of the Govern
nIent through preside ntial ord n ba sed
upon SPECIFIC recomme ndaliunS Of It
reorga MIA lion board to he ,omposed
of two members of The Senate, two
members of the House and q paid
chairman N. To be appointed by the
President. was questioned today when
hearing started before The rules com
mittee of the House. with Repre- enta.
tive Carl +. Mapes. Republican Of
Michigan. as witness.
Mr. hapeS was member OF the
Joint committee on reorgs niZation ap-
pointed nearly FIVE years ago which
passed OUT Of existence n wear ago
after making report 10 both house.
OF Congress. accompa MED by an ora
nibus reorga MIA ton bin which spe.
officially rea ssigned the various units
of the Government service in con
formity with a general plan.
Mr.. MapeS told the rules committee
that his own experience and confer
tnce with those who have given
closest study for wears to the problem
al reorGa MIA ton has convinced him
that this is The only pra ctical way in
which reorganization legislation can
he put through Congress
Controversial Subject
Mr.. Mapes explained that the
1oint committees report and bill wer.
NOT considered by either house in the
at Congress. principally because it
was recognized as highly contro-
Nersial subject on account of The pro.
posal for a new department Of educa-
ton and welfare. Minority Leader
Garrett. member Of The rules com
mittee. said lie believed the hill courd
nave been passed only for the pro-
p"s+l 1" create 4 new department.
Nh. Mapes emphasized that those
VIII" have given the subject most seri-
Gus thought believe that the Govern
ment service should be reorganized.
The people OF the country are wait.
ing for action by Congress- he said
The President has twice cent a mes.
sage TO Congress on this subject and
the Eepublican party in its pla torn
last year promised action.
Representative Burton. Repuhlica n.
ohio. acting chairman Of the rules
committee. raised the question OF con
stitutiona lily. in which he was sup
ported by Representative Eansevpr.
Republican. Iowa: and Representa-.
tive o'conn"r. Democrat New York.
Mr.. Burton questioned whether in
reassenment Of units OF the Gov.
eminent Ia different departme MIS- this
meth bod Of reorganization would NOT
run afoul of suhSta ntive law creating
iheS" units. II was pointed out that
the offset to this was provision
to repeal existing avs in conflict nd
then il was pointed out that such a
repeal provision could not he written
until IL was known hN Congress wha
was 10 happen Z" each bureau or
other agency.
Questions Right to Once.
Mr.. Burton also raised the question
of the right Of members of Congress
To serve in such An Office as the re-
orga MIA ton board. where they would
have final action subject only to ap-
prevail "t the President without ref.
erence again to Congress. Mr.. Gar.
rett aid that his first impression was
that members of Congress could thus
serve.
Mr.. Mapes told the committee tina
As far as he knows the question OF
ConStitutionalitN has not been raised
in considering this matter Of reor-
"a nizatinn. which he SAYS meets the
approval of the President Secretary
Hoover. with Senator Smoot and Mr.
Ma pes. discussed this proposed lngis-
IHtlon Win fresldenl Coondge.
Mr.. MapeS empha sized that not only
does his bill eliminate the proposed
creation of q new department of edu-
ca ton and welfare. but that he is
willing for clause to be inserted
which Will specifically prohibit the
crea ton OF any new government de
partment by the reorga niZa ton boa rd
In reply to question. he "a id tina
this mea sure does not seek indirectly
to accomplish what it was found i'm
possible to do directly last year. Mr.
Mapes said il was Impossible to mak
any estimate Of the possible "a wings
under reorga nization OF in regard to
the number Of Government employees
that might he elimina ted He thought
the economy features had been exag-
gerated in the public mind. but argued
that efficiency would he greatly pro.
ed hi: reat.ca n za