Evening star., 1949-05-09
Truman Patronage Threat
Called Equivalent of Lobbying

1t is interesting TO note the premise upon
which some news commentators discuss the
Presidents recent statement regarding the
denial of patronage TO members OF Congress
who refuse TO go along with his demand for
Taft-Hartley repeal.
Lowell 1.-The mallet" says, In effect that
there is nothing wrong in this-that the
President must carry out his program tcam-
paign promises and one radio commenta-
tor. Charles Collingwood. says that. after
all, this Is about the only way the President
has by which he can influence the Legisla-
ture" He says further. In effect. that the
President will continue to use patronage 10
influence CongreSsmen-that he has TO-"
Why Is 1t that the President has TO" use
methods Of this kind? 1t Is not only lobby
ing. which the President says Is a bad thing
for certain ordinary citizens to engage in. but
1t is the kind OF lobbying which ordinary
citizens could probably be jailed for
Stripped of certain legal terms the law
provides q flne or Imprisonment for who
ever promises, offers, or gives directly
or indirectly anything Of value . to
any person" with the consent. conniyance.
or concurrence" Of q Congressman with In
tent to influence his action vote. or decision
on any question ." Is patronage thing
OF value" to q Congressman? II offered
even indirectly 1t would appear to be against
the law.
The United States Criminal Code also
provides that unless specific permission is
granted by Congress, mo part Of the money
appropriated by any enactment of Congress
shall be used directly or indirectly
to pay for any personal service. advertise
ment. telegram. telephone, letter. printed
or written matter. or other device, intended
or designated to influence in any manner
a Member Of Congress. TO favor or oppose.
by vote or otherwise, any legislation or
appropriation by Congress ."
Criminal Penalties Provided.
Any Government officer or employe who
even attempts to violate this section" Is
subject to q maximum penalty of $500 fine
and Imprisonment for one year.
OF course, this law does not apply TO
simple requests by Government officials for
necessary legislation at the request OF Mem
bers of Congress or where such requests are
formally presented through proper Official
channels"
But the basic premise adopted by so
many commentators today Is that the
President is responsible for the enactment
of our laws and that the question now
is whether Congress will carry out his cam
paign promises. BY what theory or consti-
tutional provision can the President promise
to enact any particular kind OF law? He
Is not responsible for making the law. His
job Is to faithfully execute such laws as
Congress makes.
The Presidents sole legislative function
under the Constitution Is to give to the
Congress information Of the state Of the
Union and recommend . such measures
as he shall judge necessary and expedient."
Having given Congress the facts, the duty
of the President. under the Constitution. is
only to take care that the laws be faith
fully executed.
"All legislative powers herein granted"
says the Constitution shall be vested in
Congress" Why and how then does the
President properly promise the repeal OF
any law? And assuming right to commit
the Congress. has he Tor the Secretary OF
Labor any right to lobby ut Government
expense? The truth of the matter Is that
under the law the President should have
nothing whatever to do with how any Con-
gresham votes and his campaign promises
should be confined to matters for which he
is legally responsible under our system OF
government. COUNSELLOR.