-1
VCT. IMX NO. 18.374 Entered t Portlind (Oremnl
V XJi-A. J Q,J Po,toffice as Sfcond-Class Matter.
PORTLAND, OREGON, SATURDAY, JUNE 5, 1920
PRICE FIVE CENTS
LQWDEN WINS 28
LAW HELD VIOLATED j
AT RECENT PRIMARY
LAWMAKERS-PUT ON
STEAM NEAR FINISH
VETERANS HOME AID
BILL WINS APPROVAL
GASOLINE LIMIT
VEXES MOTORISTS
RIVERS AND HARBORS
. BILL FACES SLASH
LSON USES AX
VOTE
ON BUDGET BILL
LAX K COCXTV CKM) JL'RV
WARNS OFFENDERS.
LOXG NIGHT SESSIONS HELD
TO CLEAN UP COXGESTIOX.
FAVORABLE REPORT ORDERED
BY PUBLIC IrAXDS COMMITTEE.
SENATE EXPECTED TO FAVOR
$12,000,000 BUDGET.
WOOD REGARDED
YET US BEST BET
Only Certainty Now Is
HID
"Steam Roller" Tactics in
Rulings Charged.
SENATOR MOSES IS ROILED
High - Handed Attempt
Even Race Is Alleged.
to
POWER HELD EXCEEDED
Decision in Scat Contests Declared
Made on Personal, N'ot
Judicious, Basis.
CHICAGO, June 4. (By the Asso
ciated Prebs.) Lowden forces counted
28 delegates into their columns as the
result of today's decision of contests
by the republican national committee.
The Wood forces lost an equal num
ber. All attempts at split decisions were
lost. While various committeemen
professed to see behind the argu
ments advanced for party harmony
a. reflection of personal views as
they might be favorable to Governor
Lowden and General' Wood, the com
mittee in repeated rollcalls refused
to make compromises and proceeded
to make decisions on the evidence of
party regularity in the local and dis
trict machinery.
Wood Managers Differ.
The "Wood managers tonight appar
ently were having a disagreement
over whether the republican national
committee has been "steam-rolling"
the Wodd delegates, and whether they
intend to take any action upon it
Aroused by the steady dismissal of
Wood delegates throughout the day's
proceedings, until 28 were counted
off and a like number added to the
Lowden column. Senator Moses of New
Hampshire, one of the general's cam
paign managers, issued a statement
denouncing the national committee's
procedure as "steam-roller tactics."
There were hurried conferences
among the other Wood managers, who
apparently had no notice of Senator
Moses' Intentions.
Chairman Han Held Pair. -
General Wood himself finally was
brought into the conferences and at
midnight issued a statement in which
he expressed confidence that Chair
man Hays was "absolutely fair
handling the situation" and said he
was "loath to believe" that the com
mitteemen were seating delegates on
personal preferences ratner than on
law and facts.
"Evidently & mistake has been
made," said Senator Moses. "The
steam roller which was used so ef
tcctively In the convention of 191;
and with such disastrous results to
the party in the election following
has not been scrapped after all. It
has merely been in the machine shop
for repairs and for some new attach
ments." ,
Contests Called Fraudulent.
"The most important of the latter
appears to be a patent reversing ap
paratua which enables the national
committee at will to disregard Its
prior formal action In recognition of
certain national committeemen and
state chairmen against whose organ
izations there has been trumped up a
series of fraudulent contests.
"The chain of procedure which the
national committee formed at Its s't.
Louis meeting In 1917 and at the
Washington meeting in 1919 contained
three links. The first connected the
national chairmen with the recog
nized national committeemen in the
states, to whom were sent the official
calls for the convention which as
ecmbles next week. The natlona
committeemen transmitted . this call
to the recognized state chairman, thus
constituting the second link in the
chain. The third link connected the
state chairman with his organization
in the counties. Through the opera
tion of this mechanism, delegate
friendly to General Wood have been
elected with entire regularity in every
southern state, save two.
Function Is Analyzed.
xno luucuon oi me national com
mittee at this juncture is not to de
termine qualifications of members of
the national convention; it is merely
to establish that regularity which en
titles a. delegate to be placed on th
temporary roll, leaving the ultimate
question of his right to a. seat to be
determined by the convention through
its committee on credentials.
xet, the national committee, with
Chairman Hays conveniently absent
from the chair, is assuming to decide
the matter In advance but to decide
it upon the narrow lines of the com
mittee s personal preference.
"General Wood's friends have al
ways understood that the national
committee as at present constituted
favored the nomination of Governor
Lowden. We have never questioned
their right to hold such a preference.
But we do question seriously an
vigorously their right to color thei
decisions, which could be merely
ministerial if not judicial, by such
preference; and the conditions under
which so many of the present national
, committeemen hold their places only
increases the strength with which w
now assail the course which they are
pursuing:.
ab a resun oi me primaries an
iCsacluded an Page, 4, Column Ui.
Corrupt Practices Act Said to Hare
Been Wilfully Disregarded in
Election Advertisements.
i
EUGENE, Or., June 4. (Special.)
Warning was given by the Lane
county grand jury before it adjourned
this afternoon that future violations
of the corrupt practices act in print
ing election advertisements in news
papers on the morning of the elec
tion and of violations of the act in
other ways, which it is alleged took
place in this city May 21, will be
prosecuted, but that because of mis
apprehension of the law in regard to
printing advertisements no Indict
ments for that offense were returned
at this session.
Doubtless referring to the activities
of the local committee appointed to
boost the higher educational millage
bill, the grand jury in its report to the
court says:
"In the primary and general elec
tions held in Lane county May 21,
1920, we find that the spirit and pro
visions of this act were carelessly
and ignorantly disregarded by some
and willfully disregarded by others;
I that in one instance at least there was
premeditated plan to violate the act
n a large scale, on the theory that
there would be no arrests or prose-
utions for the reason that the num
ber of persons involved was so large
that no one would oppose it. We con-
emn this action as displaying an un-
holesome condition in the public
mind."
The report stated that it was inad-
isable to return indictments for vio
lations of the act on that day for the I
reason that specific evidence of vio
lations now appears unavailable. The
grand jury recommends that in fu-
ure the officers of the law take a
more active part in investigating and
reporting violations of the act on elec
tion day.
APER SHORTAGE SERIOUS
Circulation of Congressional Rec
ord Is Ordered Cut.
WASHINGTON. June 4. Senator
Smoot republican. Utah, chairman of
he joint commission on printing, an -
ounved in the senate today that be
cause of the shortage of print paper
nly enough copies of the Congres-
ional Record would be printed to
supply members of the senate and
ouse.
lie announced it also had been-.dc-
ided to limit the number of copies of
peeches that might be printed for
any one senator.
CAMP ROBBED OF $1500
Los
rcrs Robbed by Highwaymen
Wlio Shoot to l'rigliten.
ASTORIA, Or., June 4. (Special.)
The employes at the Alger Logging
company's camp near Skamokawa.
Wash., were robbed Tuesday night of
$1029 in time checks, more than $400
n cash and a J100 liberty bond by two
unmasked men who entered the bunk
house about 8 o'clock in the evening
and held the men up with revolvers
On entering the bunkhouse and also
on leaving it a shot was fived by the
robbers.
RISH RAIDERS REPULSED
Courthouse Xcar Barracks Fired
and. Fierce Battle Fought.
CAPPAGHEIHTE, M u n s t e r, Ire
land, June 4. A large number of
men, armed with bombs and rifles, at
tacked the police barracks here thi
morning. The police garrison, con
sisting of two sergeants and eight
constables, replied with similar
weapons from the roof.
The courthouse adjoining was set
afire and a. fierce battle ensued. The
raiders finally withdrew.
WINTER COMING ON MARS
First Antumn Snowfall on Planet
Is Announced.
CAMBRIDGE. Mass., June 4. It Is
now autumn on Mars and the first
snowfall of the season on the planet
was announced in a telegram received
at Harvard college observatory from
Professor William H. Pickering, who
is stationed at Mandeville, Jamaica.
The telegram said the snowfall oc
curred at Isidis, which is in the neigh
borhood of the part of the planet
known to observers as Syrtis Major.
SOLDIER DELAY CHARGED
Tactics of Vocational Education
Board Held "Inexcusable."
WASHINGTON, June 4. The fed
eral board of vocational education
waa charged in a formal report today
by the house education committee
with "inexcusable delays' in the re
habituation of soldiers.
The report, however, noted a
gradual improvement in the work'
and commended the increasing effi
ciency.
COW SELLS FOR $30,000
World's Record Price Paid for
Holsteln-Freisian.
ST. PAUL, June 4. A world's rec-i
ord price of $30,000 for a Holsteln
cow was paid'today at the Minnesota
Holstein-Freisian sale.
The price was paid by Gustav
Pabst. Dousman, Wis., for Pal
Korndyke Cornflower, purchased from
Fred Pabst, Oconomowoc, Wis. The
previous record price was $18,400.
That Nothing Is Certain.
RICHES HELD BEHIND JOHNSON
Californian's Nomination
Just Barely Possible.
fs
DRAMA. MAY BE ENACTED
Only Thing Really in Sight for
Convention Is Memorable Ses
sion ; All Else Cloutfy.
BY EDGAR B. PIPER.
CHICAGO, June 4. (Special Edi
torial Correspondence.) Six months
ago Leonard Wood was the leading
candidate for the republican nomina
tion for president; and he is the lead
ing candidate today. Six months ago
the nomination of Leonard Wood was
a strong probability; now it i3 some
what less than that, for it can be said
to be more than a strong possibility.
Wood is by no means out of it. But
in a short half year his campaign has
achieved some militant successes and
it has suffered lately some rather dis
maying vicissitudes.
The explanation is Johnson too
much Johnson and too many million
aires putting up money for him.
Johnson is today the central figure in ;
all calculations for the presidency.
Situation Chaw Viewed.
Three months ago the Californian's
nomination appeared impossible; now
it is possible, but nothing more than
possible. The reason is the aggres
sive personality of Johnson, his pri
mary successes, his undoubted power,
his popularity with elements of the
republican party and, above all else,
the division and uncertainty and po
tential weakness of the forces opposed
to him.
Johnson made a Rooseveltian entry
into Chicago yesterday. The crowds
are verily for hirn; A noisy reception
was staged for him. It lacked much
of being a Rooseveltian afair in its
spontaneity or sincerity, but it made
its impression. Something more will
have to be done to convey the John
son idea from the man oi tne street
to the delegates; but the Johnson in
stinct for sensations and surprise is
great and undoubtedly he will con
trive to have the spotlight thrown on
him all the time for the next week.
Coercion Held Ponaible
The delegates are not for him now,
any more than they have been. If
they ever are for him it will be under
the coercion of an astounding political
emergency. A majority of the in
structed Johnson delegates outside of
California are not even for him. In
their hearts they want someone else
and they look forward hopefully to
the opportunity to leave him. But
they do not know where to go, nor can
they honorably abandon Johnson until
it shall reasonably appear that he has
no chance.
Obviously he has a chance and will
have until the contest has progressed
through several ballots, when it will
either improve or the reverse. If the
former, they must stay; if the latter,
they will be free to find the band
wagon.
Straddle of League Opposed.
Mr. Johnson has boldly Insisted that
there must be no straddle on the
league of nations platform. He has
(Concluded on Pave 6, C'oluoaa 1.)
A FINE OPPORTUNITY
WM M I ' : HE.Pf
All
Big Supply Measures Arc Re
ported Completed at
Long Sessions.
WASHINGTON, June 4. Both sen
ate and house held long sessions again
tonight in a final effort to clean up
a congestion of minor legislation and
one or two important bills before
final adjournment at 4 P. M. tomor
row. The senate approved the con
ference report on the merchant ma
rine bill, as amended to meet house
objections, which later was passed by
both branches, and then ground out
a number of private pension meas
ures. Between times it went into
executive session to confirm the nom
inations of about BOO postmasters.
Some 600 others remain to be acted
upon tomorrow.
Enactment of the third deficiency
appropriation bill was completed late
last night, house and senate adopting
the conference report just before end
ing long night sessions preparatory
to sine die adjournment at 4 o'clock
this afternoon.
The measure carries $58,000,000, in
cluding $14,000 000 to meet the deficit
incurred during federal control of tel
egraph and telephone lines.
The total of all of the supply meas
ures, including two deficiency bills
and the railway deficiency measure,
passed at this session, was placed
at $4,122,385,143. This included per
manent appropriations of $1,492,000,
000 for the public debt sinking fund,
good roads and government depart
ments and institutions not provided
for in the 13 regular annual supply
measures.
The largest of the supply bills
was the postoffice measure, which
carried $462,539,490. The next largest
was the army bill with a total of
$394,929,000. The sundry civil meas
ure carried the same amount as the
naval bill. For the railroad defi-
ciency $309,000,000 was appropriated,
while $279,150,000 was provided for
pensions. . The only other supply
measure exceeding $100,000,000 was
the legislative, executive and judicial
bill, which carried $104,725,000.
Several important measures failed
of enactment. They included bills to
regulate the meat-packing industry,
to bar dangerous aliens from the
country and tariff measures to pro
tect industries built up during the
war, including dyes, button manufac
ture and certain mining industries.
The cold storage bill, the measure to
place an embargo on exports of sugar.
and the bill giving the war depart
ment authority to operate the Mussel
Shoals nitrate plants also failed.
FLAG BURNING DENOUNCED
Senator Thomas Would Curb Fcm
ininc Disturbers.
WASHINGTON, June 4. Senator
Thomas of Colorado, citing the action
of woman sympathizers with Ireland
in burning a British flag in Wash
ington this week, today introduced
resolution denouncing "all indignities
toward the official representatives pr
the flag of any foreign government
with which the United States is at
peace."
The resolution also calls upon the
authorities "to utilize all lawful
means for preventing their occur
rence."
BILL AIMED AT PLANES
Measure Would Prevent Dumping
by Foreign. Countries.
WASHINGTON, June 4. A bill de
signed to prevent the dumping of for
eign airplanes in the United States
was passed today by the house and
sent to the senate.
It proposes special tariffs on ma
chines manufactured abroad it 6oid
at less than present reproduction
costs in the country of origin.
FOR THE CONGRESSMEN TO MAKE THEMSELVES USEFUL AS
Measure Would Provide Maximum
Loan of $3000 and Acquisition
of Reclaimed Land. x
WASHINGTON, June 4. The senate
public lands committee by unanimous
vote ordered a favorable report to
day of the Borah bill designed to
aid world-war veterans In buying of
farms and suburban homes and ap
propriating $300,000,000 for this pur
pose during the next ten years. Not
more than $50,000,000 could be ex
pended annually.
The bill will not be considered by
the senate until the December ses
sion, according to Chairman Smoot.
The measure provides for a national
veterans' settlement board of three
members appointed by the president
which would make loans to veterans
for the purchase of farms or sub
urban homes.
The maximum loan would be $3000.
Veterans also would be able to acquire
reclaimed land.
WARNING GIVEN STRIKERS
Governor of Alabama Says Work on
Canal Must Go On.
BATON ROUGE. La., June 4.
Governor Parker served notice today
on employes on the new . industrial
canal that there would be no closed
shop and that attempts to "exercise
bolshevistic power" to affect con
struction on important public works
would not be tolerated. The gov
ernors warning resulted from a
strike which has involved canal em
ployes. MANDATE CASE UP TODAY
Resolution Against Acceptance to
Be Voted On in House.
WASHINGTON. Juno 5. Republic
an leaders in the house early thi:
morning reversed their decision not
to call up before adjournment the
senate resolution declining to grant
authority to the president to accept
mandate over Armenia.
Chairman Porter of the foreign af
fairs committee announced that the
resolution would be voted on during
the day.
MARINE BILL IS PASSED
Measure Provltres for Sale of Gov
ernnicnt-Owncd Fleet.
WASHINGTON, June 4. After a
tempestuous voyage, the bill estab
lishing conditions under which the
great government-owned merchant
fleet eventually is to be sold to Amer
leans if possible, to foreigners if not,
finally was passed tonight by con
gress. It will be sent to President Wilson
tomorrow. ,
PREV0ST FOUND GUILTY
Slayer of J. Stanley Brown Held
First Degree Murderer.
MOUNT CLEMENS. Mich.. June 4.
Lloyd Prevost was found guilty of the
murder of J. Stanley Brown by a jury
in circuit court here tonight. The
jury was out approximately three
hours.
The verdict returned' was "guilty
of muxtl-ir in the first degree."
WAGE RISE BILL FAVORED
Postal Employes Measure Is Put
Up to President.
WASHINGTON, June .4. The con
ference vote on the bill increasing
the pay of postal employes beginning
July 1 was adopted this morning by
the senate.
It now goes to the president.
Many Fail to Realize Se
rious Situation.
DRIVERS THINK IT IS PLOT
Companies Held to Blame in
Many Instances.
WORK- HAVING EFFECT
10 00 Cars Believed to Have Been
Kept Off Streets but There Is
Much Vet to Be Done.
Portland motorists generally do
not yet appreciate the seriousness of
the present easoltne shortage, judg
ing from a canvass of gasoline serv
ice stations yesterday. The "no gas'
signs were posted in all Standard Oil
company stations in the city before
noon.' and many of the tanks were
empty by 9 o'clock in the morning.
Mayor Baker, chairman of the gas
oline conservation committee, has
called a meeting of the committee in
his office this morning, when a com
plete check will be made on the re
sult of the first day of the campaign.
Arguments Are Frequent.
Arguments between motorists seek
ing a full-tank capacity of gasoline
and attendants at the stations were
frequent yesterday, many cf the mo
torists holding that the conservation
restrictions were not necessary and
that the public was being uuped by
the oil companies.
However, many motorists accepted
the situation aftd showed willingnes
to co-operate. It was estimated by
Mayor Baker that more than 1000
automobiles remained in the garages
yesterday, a fact which was corrobo
rated by a glance Through the re
stricted area of the city.
. Parking space was to be had at
any time yesterday in almost any
part of the retail district, and the
districts just beyond the restricted
area were not filled with automobiles
as is the case when conditions axe
normal.
Pleaaure Mast be Curbed.
Although members of the gasoline
conservation committee, composed of
representative business men of the
city, are attempting to work out
plan which will enable the motorist
to use his automobile when necessary,
it was pointed out yesterday, that un
less Industry and agriculture in Ore
gon is to be crippled, Portland motor
ists must lay aside the automobile
for pleasure and conserve gasoline
as far as Is possible.
Through statements issued by some
of the service stations yesterday, be
lief became general that the ration
of gasoline recommended by the com
mittee on gasoline conservation had
actually been ordered by the mayor.
Representatives of the oil companies
were notified of this condition, and
attendants were instructed that the
mayor was merely chairman of the
committee and that the ration rec
ommendations came from representa
tive business men and not from the
mayor alone.
Representatives of the oil compa
nies announced yesterday that special
provision will be made to care for
the needs of Portland industry, and
in the event that Portland motorists
(Concluded on Page 3. Column 1.)
WELL AS ORNAMENTAL.
Final Action on Houe Measure
May Be Had Before Final
Adjournment.
WASHINGTON, June 5. The sen
ate early today receded from its
amendment increasing the rivers and
harbors appropriation to $24,000,000
and the conferees are expected to re
port the bill with the house total of
$12,000,000 in time for possible final
action before adjournment of con
gress. The senate voted on the measure
three times and the house twice.
After the first senate action, which
followed long hearings before the
merchant marine committee, the bill
was sent to conference.
It was reported out this week and
the senate promptly approved the
conference report. The house, how
ever, held that the conferees had ex
ceeded their authority in writing in
legislation and sent it back.
The conferees today struck out the
section to which the house objected
and the senate again approved the
conference report. Not so the house,
however, the measure again going
back to conference as the result of a
parliamentary tangle. The conferees
made a third report tonight and it
was accepted by the house by a vote
of 145 to 120 after a long debate. j
The shipping board of seven mem
bers created by the bill is directed to
make the sale of the government fleet
as expeditiously as consistent with
good business judgment. Sales may
be on an installment basis, payment
to be made over a period of 13 years
f the vessels are taken by Amer
icans and 10 years if taken by for
eigners.
Besides directing the private own
ership of the fleet, the bill contains
many provisions designed to promote
the construction of new ships by pri
vate Interests and for encouraging
the extension of American foreign
trade.
WAR LAWS ARE REPEALED
House Accepts Senate Amendments.
Measure Goes to President.
WASHINGTON, June 4. After only
minute consideration, the senate
adopted with minor amendments to
day the house joint resolution repeal
ing war legislation with the excep
tion of the Lever food control act and
the trading with the enemy act.
No record vote was taken by the
senate. The measure, which would
remove about 60 war acts from the
statute books, now goes to con
ference.
WASHINGTON, June 4. Senate
amendments to the joint resolution
repealing most of the special war
time laws- were accepted late to
night by thi housa without a record
vote. The measure goes to the
president tomorrow.
MONTANA LEADS COUNTRY
West Outstrips East in Support of
Public Schools.
BOSTON, June 4. Western states
are out-doing those of the east in
providing public educational facili
tics. Dr. Leonard P. Ayres, educa
tional director of the Russel Sage
Foundation, said in an address to the
school superintendents of the state
today.
"Up to ten years ago Massachusetts
ranked highest in school attendance.
money spent for public schools and
equipment and teachers' salaries
said Dr. Ayres. "In 1918 the state
went Into ninth place. Montana leads
the country."
INDEX OF TODAY'S NEWS
The Weather.
YEPTERDAT'S Maximum temperature.
77 degrees; minimum, degrees.
TODAY'S Fair; westerly winds.
T'orelarn-
Hungarian delegates, under protest, sign
peace treaty at Versailles. Page 2.
National.
Hoover campaign In California costs
SS:i.210.72. Page 6.
Under-St-cretary of Slate Polk tenders
resignation to president. Page 3.
House fails to pass budget bill over veto.
Page t.
Lawmakers -hold night sessions to clean
up congestion before adjournment.
Page 1.
Rivera and harbor bill faces slash. Page 1.
Dnmtlc.
Lowden wins 28 delegates from Wood at
seat contest hearings. Pago 1.
Negro delegates from Georgia are seated.
Page 4.
Pacific Northwest.
Corrupt practices law declared violated at
recent primary election. Page 1.
Peace Imminent in controversy of health
board and city. Page 2.
National exchange for grange predicted.
Page 6.
Sports.
Inter-City league gets a new schedule.
Page 13.
Taciflc Coast league results: Portland 3.
Salt Lako 4; Vernon 6, Oakland 3; Se
attle 6, Sacramento 5: Los Angeles 3,
San Francisco 2. Page 12.
Aberdeen only outside team entered in
Oregon golf championships. Page 12.
Fifty-fifty split rule Is due for hot right
today. Page 12.
Benjamin defeats Shannon in seventh.
Page 13. .
Commercial and Marine.
Condon wool sale prices disappointing to
growers. Page 19.
Corn higher at Chicago with small receipts.
Page 19. ,
Lack of demand for stocks in Wall street.
Page i.
Portland and Vicinity.
Will of late Xarlfa. 3. Faling. disposing of
JoOO.OOO estate, found valid. Page 5.
Wife says one last drink was too much for
husband and Uvea of family were
saved. Page 10.
Film fame promises used to lure girl west.
Page 7.
Too many appendicitis cases operated on,
ay doctors In convention. Page 7.
A. L. Mills or l-irst national bank, sees
no cause for alarm in present business
conditions. Page 10.
Sensational sugar probe impending. Pags
11.
Gasoline limit vexes motorists. Page j.
Measure Vetoed to Pro
tect Authority.
ATTACK ON VETO FAILS
House Attempts in Vain to
Override Action.
CONTROLLER CLAUSE HIT
Executive Declares Right to Re
move OTficial Is Vested
iu Him Alone.
WASHINGTON. June 4. President
Wilson tonight vetoed the bill cstab-
lishincr a national fcudret svstem and
n unsuccessful attempt was made
i the house to pass the measure
over his veto.
The vote was ITS to 103. or nine
l-ss than the required two-thirds
majority. Thirty-five democrats
joined with the republicans in voting
pass the measure.
The vote came at midnight and
when the motion to override was de
feated, leaders were undecided what
would be their next 'move. Sup
porters were expected, however, to.
urge that it bo amended to meet the
president's objections and repassed
tomorrow.
Ent'roarhment Is Charged.
The measure was held by the pres
ident to be unconstitutional be
cause it took from the chief exe
cutive the power to remove the
controller-general and the assis
tant controller-general, . of ficers who
would be appointed by him with
the advice and consent of the sen
ate. The president said he returned the
measure without his approval with
the "greatest regret" because he was
in entire sympathy with its ob
jects." He added that he returned
it at the "earliest possible moment
with the hope that the congress may
find time before adjournment to
remedy this defect."
Prr-nldent Kxprenmcji Tlearret.
President Wilson, notifying con
gress that he was returning the bill
without his signature, in his veto
message said:
"I do this with the greatest regret.
I am in entire sympathy with the
objects of this bill and would gladly
approve it, but for the fact that I
regard one of the provisions con
tained in section 303 as unconstitu
tional. This is the provision to the
effect that the controller-general and
the assistant controller-general, who
are to be appointed by the president,
with the advice and consent of the
senate, may be removed at any time
by a concurrent resolution of con
gress after notice and hearing, when
in their judgment the controller-general
or assistant controller-general
is incapacitated or Inefficient, or has
been guilty of neglect of duty or of
malfeasance in office, or of any
felony or conduct involving moral
turpitude, and for no other cause ex
cept either by impeachment or con
current resolution of congress. It
has, I think, always been the ac
cepted construction of the constitu
tion that the power to appoint of
ficers of this kind carries with it.
as an incident, the power to remove.
Poirfr Held Escreded.
"I am convinced that the congress
is without constitutional powers to
limit the appointing power and its in
cident power of removal derived from
the constitution.
"The section referred to not only
forbids the executive to remove these
officers, but undertakes to empower
the congress by a concurrent resolu
tion to remove an officer appoint
ed by the president with the advice
and consent of the senate. I can find
in the constitution no warrant for the
exercise of this power by the con
gress. There is certainly no expressed
authority conferred, and I am unable
to see that authority for the exercise
of this power is implied in any ex
pressed grant of power.
"On the contrary, I think its exer
cise is clearly negatived by section
'i of article 2. That section, after pro
viding that certain enumerated offi
cers and all officers whose appoint
ments are not otherwise provided for
shall be appointed by the president
with the advice and consent of the
senate, provides that congress may
by law vest the appointment of such
Inferior officers as it thinks proper
in the president alone, in the courts of
law or in the heads of departments.
It would have been within the con
stitutional power of the congress, in
creating the offices, to have vested -the
power of appointment in the
president alone, with the advice and
consent of the senate, or even with
the head of a department.
"Regarding, as I do, the power of
removal from office as an essential
incident to the appointing power, I
cannot escape the conclusion that the
vesting of this power of removal, in
the congress is unconstitutional and
therefore I am unable to approve
the bill.
"I am returning the bill at the ear
liest possible moment with the hope
that the congress may find time be
fore adjournment to remedy this
defect."
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