Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-04-09
Lease-Purchase Bill
Validity Doubtful,
Senators Warned
By William A. MiIIen

by WlIIIom n. MlIIen
The Senate was warned today
that it's lease-purchase bill which
would require two congressional
committees to approve public
buildings contracts above $4,000
annually is of doubtful constitu-
tionality.
This warning came in a memo
randum submitted to Majority
Leader Knowland by Assistant
Attorney General j. Lee Rankin.
He emphasized that the Consti-
tuition provides the legislative
and executive powers must be
kept separate.
Under the Senate legislation.
the General Services Administra-
ton and the Postmaster General
would have to obtain agreement
from the Senate and House Public
Works Committees.
The ruling was laid before the
Senate by Senator Dirksen, Re-
publican, of Illinois who said he
would submit an amendment to
knock out the Objectionable Ian
guage in the bill now pending on
the Senate floor. This was sched-
uled for action later today.
Waiting PrOviSO Valid.
Mr.. Rankin wrote that, while
the proposal to empower con-
greSsional committees to approve
or disapprove contracts would
violate the separation of powers
provision of the Constitution, the
waiting periods provided in the
House-passed bill would not.
Congress does have the right, he
said, to obtain information and
prevent action it disapproves
through the regular legislative
process.
The Senate provision though.
Mr.. Rankin wrote, would involve
a departure from constitutional
practice. This. if Systematically
pursued, could result in
radical change in the distribu-
ton of the powers of the Fed-N
eral Government" he said.
The obvious purpose is to
subject proposed real estate
transactions to the prior approval
or disapproval of committees of
the Congress, Mr.. Rankin said.
Cites Joint Authority.
1.-The practical effect is to vest
the power to make such purchase
contract agreements jointly in
the administrator of general
services and the members of the
Committees on Public Works. 1t
is we'll established in American
constitutional law that such
powers can not be placed in a
member. officer or committee of
the Legislature"
Senator Dirksen told the Sen
ate that, if he were President and
the bill was passed as now drawn,
he would veto it, just as former
President Truman vetoed
similar measure on like grounds
in 1852.
He said Congress, in the past.
has critized executive invasion
of the legislative branch.
Senator DirkSon drew dis
tinction between the pending
legislation and the law requir-
ing the Defense Department to
submit public works contracts
to congressional committees for
approval. Under that law, he
contended. installations were
built all over the world, under
emergency conditions. The pend
ing bill, he said. would apply to
peacetime construction in the
United States.
Byrd Also Critical.
Senator Byrd, Democrat, of
Virginia found fault with the
bill as failing to limit the in
terests and profits of contractors.
He said it would open up OPP
portunity for graft. and he
wanted to know who would fix
the cost of each project. He said
the Government ought to be
safeguarded so it does not have
to pay back more than it costs.
Senator Stennis, Democrat. of
Mississippi described the plan to
submit projects to the Public
Works Committees as the heart
of the bill. He declared this is
one of the major safeguards in
this new policy of using rent
money eventually to buy a build
ing,
Senator Long. Democrat. of
Louisiana said the Government
has been saved millions of dol
lars because the Defense De-
partment has been required to
submit its plans to the congress
cj0na1 pOnn1itfapS