Evening star., 1935-08-27
The Law and Technicalities.

The ignoble failure of the deficiency
bill, with Its $1OO,OOO,OOO appropriations,
raises the question whether the Presi-
dent may temporarily divert other funds
TO meet the immediate needs covered
In the deficiency bill.
The dictionaries define "appropria-
ton" as something, usually money, set
aside formally or officially for special
use or purpose" and section nine Of the
first article Of the Constitution declares:
mo money shall be drawn from the
Treasury, but in consequence of appro-
priations made by law"
Before the New Deal, with its appro-
priations Of billions for relief and ex-
pendable in the discretion of the Presi-
dent, it is highly improbable that any
one would have attempted the argument
that money not oficially or formally ap-
propriated through the deficiency bill
could be obtained from other sources But
under the relief policy hundreds of mil
lions have been spent for purposes which
never entered the heads Of the members
of Congress appropriating the money and
such purposes have included the regular
functions of Government departments.
The Army, the Navy, the Coast and Geo.
detic Survey, the Bureau of the Census
and practically every department and
agency of the Government have carried
on their regular work, on larger scale,
out of relief funds.
During discussion in Congress of the
anticipated effect of the death of the
deficiency bill, both Chairman Buchanan
of the House Appropriations Committee
and Senate Leader Robinson, apparently
after talking with the President, stated
that the officials charged with admin
istration of the several agencies pro-
vided for in the deficiency bill would
probably not be prevented from func-
tioning should the bill fail. But last
night Senator Robinson, on the basis
of further research, told the Senate
that 1T is my information that the
controller general, who passes finally
upon the question as to the right to
expend other funds than those carried
in this bill for the administration of
the various acts I" has indicated to
members of this body that in his judg-
ment there is no fund available for the
purposes stated" And Senator Robin
son called to the attention of the fill
clustering Senator Long the trouble he
would cause by killing the deficiency bill.
This administration, however, has not
heSitated to cut corners before, where
the controller generals rulings are con-
cerned, and it might not hesitate again.
Should the President transfer by execu-
tive order funds for administrative and
other initial expenses of the social secur-
iy program the controller general might
declare such transfer improper and hold
the disbursing officers of the Govern
ment liable. But only the Department
of Justice could initiate prosecution of
the diSburSing officers and only Con-
gress could proceed against the Chief
Executive. Within four months Con-
gress will be back, and the irregularity,
If any were shown to exist, would be
sanctioned.
That was doubtless understood by
congressional leaders, else they would
not have permitted the bill to die. 1t
is not believed the President will allow
his social security acts to be delayed for
another four months through what this
administration is apt to regard as a
mere technicality.