Evening star., 1942-12-10

such a dramatic
role in defeating
the Ill advised David Lawrence.
attempt of President Roosevelt in
1897 to add six more justices to the
Supreme Court so as to overcome
the majority judgments of the
other justices.
1t Is Senator OMahoney who has
perceived the dangers of the pres
ent trend of executive law-making
without benefit OF public hearing
or congressional debate-an abuse
OF the broadly delegated powers en-
trusted by Congress in good faith
to the executive agencies OF the
Government.
AN unrestrained bureaucracy"
says Senator OMahoney. subject
to strong central leadership would
be an easy avenue to state socialism
OF either the Nazi or the Communist
NecOfU SHOWS Trend.
Tho process OF delegation began
many years ago. but in recent years,
1t has been progressing at such
rate that 1t is not too much to say
that Congress now stands in danger
OF losing Its power to the bureau
Gratis. In such case, the laws
would be made, not in the manner
prescribed by the Constitution
namely by the elected representa-
tives OF the people, but by the ap-
pointees OF the President, and We
would then have . merger Of the
legislative and executive powers
which the Constitution carefully
separated.
THE record alone shows the
trend. Between January 7, 1941 and
April II, 1912 the President issued
800 executive orders. They were
not written in the halls Of Congress
on the responsibility OF men chosen
by the public and known to the pub
lie. They were written in private
by anonymous experts. They were
not subject to public hearing nor
were they analyzed in public debate.
They did not become known to the
public until issued-and then they
were effective.
Some Of them were intended bv
their authors to remake the world
Others remake the industrial and
economic organizations Of our own
country. All of them were conceived
In private and were promulgated be-
fore the persons who must obey
them had any opportunity to COM
ment on them, much less to suggest
amendments.
Power Expanded.
The delegation Of congressional
power to make rules and regulations
with the force and effect Of statutes
has been going on for decades, but
In recent times, new manifesto
ton OF the expansion OF executive
power and authority became evi-
dent. namely the tendency, by in
depreciation. to expand the power
and authority given by statute.
The recent remarkable salary
limitation by the director OF eco
nomic stabilization Is case in
point. Again, rewriting by regula-
tion the provisions OF the recent
price control amendments to en-
courage agricultural production, by
which 1t is alleged that the intent
OF Congress was defeated to make
effective the intent Of the bureaus,
Is another. II time permitted, other
instances could be given OF the
manner in which the executive arm
Of the government has assumed a
large share OF the law-making as
we'll as OF the executive power"
Mr.. OMahoney pointed out also
that popular government is in dan
ger and that "the doctrine of arbi-
trary state supremacy over the in
dividual is held by both national
Socialists and by Communists" and
that there exist in the United States
advocates OF new order opposed
to democracy" who believe that the
modern world has become so COM
plex the people "can no longer gov
ern themselves as they did in the
handcraft era but must be gov
erned by experts who will tell them
what they ought to do and also
what they must do"
May Harmonic Glass War.
The O'Mahoney speech comes on
a day when Gen. Franco pro-
claims that the choice in the world
Is between Fascism and Communism.
To the true American neither one
Is a satisfactory substitute for de-
mocracy. Already communistically
inclined persons in America are in
sisting that all income must be
leveled OF and that initiative must
not be rewarded.
Smoke screens Of demagoguery,
plus class warfare slogans, have
been raised by the New Dealers. but
these are not deceiving or intimidat-
ing the men In Congress, who say
that II America is to have a class
war, inaugurated by the New Deal
against the management class, Con-
gress will assert its power to bring
about unity.
Instead of the disunity brought
on by a mistaken system of class
persecution forced on the American
people by irresponsible bureaucrats
under the guise of war necessity
Congress will insist that the spiri
and the letter of the Constitution
requiring a separation of the exc
cutive, legislative and judicial
branches Of the Government, be