Show k cJ Th come Tow p. p in WASHINGTON M By Walter Shead Washington Bureau If 1616 IS Eye St. St N. N W. W Congress Seeking to Control Judicial Executive Branches THERE is a homely old saying that will be remembered by every reader in the Home Towns of th nation that when Old Dobbin gets out of hand he has the bit in his teeth and the lines under his tail taU And that seems to be the trouble just now with at least some mem mem- members members members bers of the congress Whether I Its It's the intoxication of new-found new power or whether its it's a new line of thinking which is coming into vogue In either event the result is danger danger- dangerous ous to democratic government and the traditions and ideologies of the American way of life So these rep rep- representatives representatives representatives of the people conscious 1 of their power or of f their new line of thought are kicking up their heels and running in circles Whether they get completely out of hand or are I reined into the straight road toward less confusion cOI and more orderly gov gov- government government government depends upon the man in inthe inthe inthe the drivers driver's seat Mr l John Q Q Public The most flagrant evidence of this tendency is manifest in the carrying of personal likes and dislikes into legislation and of attempts to as as- assume assume sume the powers of the judicial and executive branches of the govern govern- ment Pernicious Doctrine Certainly no doctrine more pernicious pernicious cious or more subversive of Ameri Ameri- American can tradition or political principles could be devised d than to use the ap ap- appropriation appropriation ap- ap appropriation power to rule the per per- personnel personnel personnel policies of the executive Branch A few instances Cong Congo Frank B. B B Keefe of Wisconsin admit- admit admitted admitted ted a slash in labor department funds was made because the com com- committee committee committee didn't like Edgar Warren di director di- di director i- i rector of the conciliation service Cong Congo Eugene Cox of Georgia de de- declared declared declared that David Lilienthal even if I confirmed by the senate as chairman I of the Atomic Energy commission should be denied office through cut cut- cutting cutting cutting ting off funds to his vital agency The National Labor Relations board with responsibility of administering the he Wagner act was cut because they didn't do anything anyway Senators Styles Bridges of New Hampshire and Kenneth Wherry of Nebraska indignantly and persist persist- persistently persistently persistently insisted that the senate committee com com- committee committee on atomic energy refuse to confirm Lilienthal and go out and find ind the best qualified man in the country for the job Patiently Sen Sen- Senator Senator Senator ator of Iowa chair chairman ch ir- ir irman man of the committee explained to the he two senators that it was not the obligation of the committee to search for men for the job Said Senator Our obligation was to examine the he appointments the President had made and sent to the senate We have no power to appoint We have no power to select We would be considered offensive if U we recommended recommended recommended mended to the President whom he should appoint We are a legisla legisla- legislative legislative legislative tive body and his l s responsibility is the appointing power Therefore it was our duty to see whether or not the appointees were able whether there was anything fundamentally against them which would mitigate against proper performance of their duty and we came to the conclusions conclusions conclusions that the appointees met those tests That is the limit of our re re- re- re Reversing Courts In the to portal-to-portal pay arguments arguments ments on the floors of the house and senate the charge frequently was made that the bill as written went far and beyond curing the thel rash of such suits and set out definitely to reverse rulings of the Supreme court Sen Claude Pepper of Florida charged The due process clause in the United States Constitution is not for lor interpretation by congress We leave that to the courts mat mat- matters matters matters of contract interpretation and of statutory interpretation must be left to the courts of this land Sure Sure- Surely Surely Surely ly congress Is not going to constitute itself a court of 01 appeals to reverse every decision of 01 the United States Supreme court which it does not like So if these tendencies apparent in congress today persist congress will have annulled the separation of oi powers which the framers of the Constitution deemed essential to the maintenance of American freedom and the legislative branch of the gov gov- government government will have assumed com corn complete control of the executive and judicial branches If congress can use this power tc oust the director of the conciliation service it can do so to oust the President if it can deny confirma confirma- confirmation tion of presidential appointments fox fot personal reasons and search the country for others it has annulled the appointive power of the President President dent if it can ca overrule the decisions of the United States Supreme court then the sanctity of the courts has ha been abrogated Or if a sweeping decision of the Supreme court inter interposed posed a judicial prohibition con con- congress congress congress gress might set it aside by withhold withholding withholdIng ing mg funds for its support |