Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-08-04
Virginia Senator Declares
President Without Legal
Authority in Act.
HOLDS ONLY DISCRETION
LIES IN FIXING DATES
Democratic Naval Committeeman
Believes Parity With Britain
Will Aid Peace.

President Hoover was severely criti-
cized because of his announced inten-
ton to suspend work on three of the
cruisers authorized, and in part appro-
priated for in statement issued last
night by Senator Swanson of Virginia,
ranking Democrat member of the
Senate naval affairs committee.
Senator Swanson declared fatty that
the President has no authority under
the law to suspend the construction of
these cruisers.
The announcement of the President
that work on three cruisers would be
suspended was made after Premier
Ramsay Macdonald of Great Britain
had announced the suspension of work
on three war vessels for the British.
The statements by both the President
and Premier Macdonald were hailed as
forerunners of an agreement on naval
limitations between the two countries.
Favors Construction.
Senator Swanson, in his statement,
said he did not believe that the step
taken by the President would bring
about any agreement on naval reduc-
ton with Great Britain. He said he
believed the construction of the Is
modern cruisers authorized by Congress
, would be far more conducive to such an
agreement
The President" said Senator Swan
son, under the Constitution, is the
executive to carry out the will of Con-
greSs. not his own will. This is Gov
ernment by law. and the will of the
President is subject to the law Just as
much as the will of our citizens
There is too much disrespect for law
in America, and it behooves the Presi-
dent, especially when he has appointed
a committee to study law enforcement,
to obey the law himself
He would set good example to the
community if he should reconsider the
| matter and state that he will proceed
to construct these three cruisers as di-
| rected, unless Congress should repeal
| the direction given him."
The statement issued by the ranking
Democratic member of the naval affairs
committee may presage a warm fight
over this matter when the Senate reas-
sembleS. The President is confident
that he has authority under the law to
| suspend construction of the cruisers
and he is backed up by favorable ex-
, pressions OF opinion from many Of the
Republicans.
Senator's Statement.
the exception of the quotation already
given, follows:
THE announcement made by the
President stating that he would sus-
pend the construction of three of the
cruisers appropriated for in the last
naval appropriation bill is contrary to
law.
THE last appropriation bill appropri-
ated and made Immediately available
hn ct 1afi Of
cruisers 100000. Under the appropri-
alton bill the President was directed
to spend this money between July l,
1929, and June 80, 1880, toward the
commencement of these cruisers.
The language of the appropriation
is clear and explicit for this purpose.
No discretion is given the President in
the appropriation bill to suspend the
expenditure of this money for this pur-
pose.
1T is sought to find power for the
President to suspend building under the
authorization bill which passed a short
time prior to the appropriation bill.
This bill, it should be remembered, is
an authorization empowering Congress
to make appropriation as therein
authorized. This is necessary under the
new budget system. as Congress is pro-
hibited from having new increases for
OAAC 4Ndfy CASCPb nA3CAC dulL1O1i1CA 4AlO
authorization bills give authority to
Congress to appropriate money as
therein provided.
THE authorized bill is not directed
to the President but is directed to
Congress in controlling its appropria-
tionS. Congress had the authority in
case it failed to make the appropriations
in any year indicated in the bill to make
1t in the next succeeding year. This
authority belongs to Congress and not
the President unless Congress in its
appropriations so gives him this
authority.
No Discretion Left.
Congress made this appropriation
for these cruisers and directed the Pres
ident to expend the money in this fiscal
year, and no discretion is left him in
this matter. He can expend it for this
purpose any time he may deem propeS
during the fiscal year from July /, 1929.
to June 80, 1880, but he is compelled TO
begin the work and any amount unex-
pended is still available
1.-The President has no authority to
suspend this appropriation except upon
the completion of an international
agreement, which must be ratified un-
der the Constitution before it becomes
effective. Efforts were made in the
Senate to eliminate the time limit, to
extend the time limit, and to give the
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