Evening star. [volume] (Washington, D.C.) 1854-1972, 1943-01-24
Congress Sure to Sound Off
In 1913 Over Executive Orders
Growing Number of Members Want to Know
Whether Function of the Legislative
Branch Has Been Usurped
By Marquis ", CMids.

congress is certain to sound off" dur
ing l943 on Government by executive
oroer." Aroused by the host of orders
"hlch come out of the White House de-
tefmlnlng the smallest details of how
americans shall live in wartime, a grow
ing number Of Senators and Representa-
yves want to know whether the function
OF the legislative branch has been taken
over by the executive.
New Dealers such as Senator O'Ma-
money, Democrat, of Wyoming are genu-
nely disturbed over this wartime phe-
nomenon Those who hate the New Deal
and all its works have seized on the
issue.
Last year there were 1886 executive
orders. Some were of minor Importance.
put most of them were of far-reaching
slgnihcance such as the order issued on
December providing for the mobiliza-
ton of manpower under the War Man.
power Commission. Under the sweeping
powers of such an order the life of every
American young and old can be affected.
Fears Merging of Powers.
In 1941 there were 348 executive orders
issued by the White House after they had
been drafted by staff in the Bureau of
the Budget that devotes full time to this
assignment. In periods of stress the au-
thority of the executive branch of Gov
eminent is bound to increase. Under the
war powers ne possesses there is almost
no limit on what the President can do.
Congress, SAYS Senator O'Mahoney, has
delegated most of its authority to the
executive.
The process of delegation" he said in
recent radio speech, began many years
ago, but in recent years it has been
progressing at such rate that it is not
too much to say that Congress now
stands in danger of losing its mower to
the bureaucratS. In such a case, the
laws would be made, not in the manner
prescribed the Constitution namely.
by the elected representatives of the
people, but by the appointees of the
President, and we would then have
merger Of the legislative and executive
powers which the Constitution so care
fully separated
Device Is Old One.
"Does this sound like an exaggerated
statement? The record shows the trend.
Between January 7, 1941 and April II,
1912, the President issued 500 executive
orders, They were not written in the
halls of Congress on the responsibility
of men chosen by the public and known
to the public They were written in
private by anonymous experts. They
were not subject to public hearings, nor
were they analyzed in pubic debate.
They did not become known to the pub
lie until isSued-and then they were
effective"
Actually, of course, as the Budget
Bureau points out, there is nothing new
about the way in which this device of
Government is being used In the Ma
tional Archives are executive orders
going back to 1862. And back of that
are a long series of presidential proc
lamations which are similar in effect
to executive orders The proclamation
Is a more formal document which bears
the countersignatures of the Secretary
OF State and the imprint of the seal of
tn United States. Executive orders only
rarely have the countersignature and the
seal.
One of the earliest executive orders
In the Archives is dated March II, 1862,
and is written in Lincoln's own hand