Evening star., 1940-12-20

ferS no alternative remedy after a
struggle of nearly two years to get
the principle of fair hearing estab-
lished, it creates a somewhat differ
ent situation than with the ordinary
veto. 1t is good deal like the COM
plant heard in connection with
5-to-4 decisions by the Supreme
Court when it was argued that one
mans judgment can override the
will of a majority of Congress in
declaring laws unconstitutional.
Congress had definite purpose in
offering the Logan-Walter bill. The
Presidents veto message raises many
technical obstacles and points out
defects in the proposal, but he did
not tell the public that his own
administration officials have blocked
any reform whatsoever in admin
istrative law and that the bill now
considered extreme represented only
the desire of its proponents to get
something before Congress for
action. No amendments were offered
by the administration to help this
liberal reform.
Left Up to Congress.
Not a word was said in the Presi-
dents message either about a sub
stitute measure at the next session
of Congress to meet acknowledged
wrongs In the present administra-
tive procedure. This leaves the
problem exactly where it was. name
", on the doorstep OF Congress It
self. It is interesting to note that
Mr.. Roosevelt in effect says that
the citizens rights, as viewed by a
majority of both houses of Con-
eress, cannot be modified unless
there is a two-thirds vote OF each
house. This insistence on an over
whelming majority, when the ad-
ministration can control more than
one-third and block action does
illustrate how a dictatorship can
be established among the bureau-
Gratis through hastily written legls-
iation by Congress in the first IN
stance.
The Congress now has simple
remedy available. It Is to draft the
coming appropriation bills in sucn
4 way that the functions of every
bureau and board and commission
are definitely outlined. This does
not mean the mere attachment OF
riders specifying certain limitations
on the use of funds, though this mas
been done from time to time, but
the writing of a completely new
appropriation bill for the Federai
commissions and boards which are
usually included in what is known
As the independent offices" bill.
Congress originally copceived OF
these bureaus as creatures OF the
legislative body and not as executive
agencies under the control OF the
Chief Executive. Hence Congress
alone can define the functions and
act forth the duties. Such an ap-
propriation bill if supported by
majority OF both houses OF Congress
Is still subject to q veto, but the
leverage is then all the other way
the agencies and boards and COM
missions are compelled to make con-
cessions in order to get their funds
instead of standing adamant against
any change in their arbitrary powers.
Substitute for Bill.
The lawyers who drafted the
Iogan-Walter bill can write into a
proposed appropriation bill all the
items which would be normally in
eluded plus an Intervening Of Ian
ruage that will protect the citizens
rights when he comes before these
quasi judicial and quasi-legisiative
boards and commissions. When the
measure is offered in the House 1t
can be proposed as complete sub
stitute instead of an amendment to
an appropriation bill.
Only in the last session Of Con-
kress, when there was objection IN
the House of Representatives to the
operations of unit of the National
Labor Relations Board known as the
economic and research" division,
the House insisted on its abolition
and finally forced changes by action
IN the Senate as well. The division
was abandoned.
The power of the purse is one Of
the oldest in the history OF parlia-
mentary government. 1t Is a device
not often used to curb the excesses
Of executive boards and commissions,
but 1t is a logical instrument when
the natural method of correction
has been checkmated by the bureau
Gratis themselves, who in this in
stance have prevailed on the Presi-
dent to use his veto power in their
behalf. It was never contemplated
that the presidential veto should be
used to impair the viii Of Congress
on . matter of individual rights in
which the citizen seeks protection
against the arbitrary acts Of Gov
ernment itself.
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