Evening star., 1933-06-12
The Reorganization Order.

An extraordinary situation has arisen
In respect to the reorganization of the
executive departments of the Govern
ment. Under an act of Congress ap-
proved March 20, last, the President
was authorized to issue an executive
order regrouping, consolidating, trans
ferring and abolishing the agencies and
functions OF the administrative ma
chinery. The act provided that when
ever the President should issue such an
order it should be submitted to Con-
gree while in session and should not
become effective until after the expira-
ton OF sixty calendar days after such
transmission. unless Congress should
by law provide for an earlier effective
date of such order. On Saturday, on
the eve Of the adjournment of Congress,
as then expected, the President sent to
Congress the executive order provid-
ing for an extensive Encouragement of
bureaus, with some eliminations. effect
ing. he estimated, saving of more
than $4,000, 900 a year in Government
COSTS
The President, in his message of
transmittal, stated, "very simply and
frankly" that he had no thought of
taking what might be considered an ad-
vantage Of the Congress-" explaining
that the very urgent demands of the
public business, both legislative and ad-
ministrative, during the past few weeks
have made it literally impossible to
complete the study of consolidation !"
Notwithstanding this statement, there
was immediate criticism in the Senate
of the eleventh-hour submission of the
proposed executive order.
As a matter of fact, the Congress
placed itself in the position of having
to approve the order as whole when 1t
enacted the legislation of March 20.
Short of repeal of the authorizing act,
which repeal might of course be vetoed
and could only be effective by vote
of two thirds in each house, the Presi-
dent retains the power Of reorganiza-
ton. The only direct power which
Congress possesses in the premises is
that of Fastening the effectiveness Of
the order. Unless it acts to that purpose
the order, when submitted, must take
effect in sixty calendar days, or on the
ninth of August.
1t was not contemplated, in the en-
actment of the authorizing legislation,
that Congress should hold a veto
power over any executive order that
might be issued under it, nor any
amendatory power, retaining merely a
Fastening power Therefore, it does
not seem to be material whether the
order was transmitted to Congress in
the middle of a session, with more
than sixty days to run, or at the close
of the session. There may be much
matter for debate In the order, but
debate merely as an expression Of
feeling, regardless of the possibility of
effecting changes.
Having abrogated its power of re-
organization, Congress is in a helpless
position, short Of repeal of the author
izing act, with a two-thirds strength
to override a veto of the repeal bill
or resolution. The present fury Of
indignation at the belated submission
of the order is impotent Of results I'M
less it arouses a two-thirds opposition
in both houses.
AS for the order itself, it proposes
changes which have been in general
predicted and discounted. Rearrange-
ments of departmental jurisdiction are
made, consultations are provided for,
some eliminations are effected. No
estimate Of the total reduction Of per-
sonnel has been stated Doubtless
long before the expiration of the sixty
days, assuming the acceptance OF the
situation by Congress without recourse
to the very dubious expedient Of re-
peal on two-thirds basis, the full de-
| tails of the shifts and changes will be
stated. The immediate matter OF the
eleventh-hour submission of the order
to Congress will probably lead only to
some increase in the volume Of the
Congressional Record, without any
change in the law