Congressional' Reoord-Senate.,: - ' It It
Congressional' Reoord-Senate.,: - ' It It
Congressional' Reoord-Senate.,: - ' It It
, 1461
Mr. SMOOT. Yes; if it were .legislated in that way, it from Utah, if he will, permit me to do so, what he thinks is the
would be.' distinction between general'legislation and special legislation"
1\ h'. SlJTHERLAND. The authorities have said over and Does he think that everytliing that is not generai legislation
over again that we are to look at the'substance of the proposed has to be, so to speak, private legislation1
legislation and not at the form, and ,,'hen we come to do that Mr. SUTHERLAND. No; it may be distinguished' in a
and anal5·ze this pr~vision w!l. find that it does, two things: variety of ways. ' " ,
Fii'st of all, it creates an office, and that, is a legislative act, , Mr. BRANDEGEE. What would be some speCial instances
because the office could not exist until Congress had spoken; of speCial legislation which could go on an appropriation bill?
and then it provides for filling the office by an appointment. Mr. SUTHERLAND. It may be distinguished along the line
Obviously this piece of legislation creates an office, and it is that it applies geographically to the whole country or that it
general legislation. I never have heard it doubted heretofore applies only to a limit~d portion of the country. Legislation,
that the cl'eation of an office was general legislation. There for example, that 'applies to the whole State, in the case ot
are precedents here, one after another. Here is one that catches State legislation, would be general legi,slation. If it applied to
my eye, on page 134, Forty-seventh Congress: a local subdivision, it would be special legislation. But' it is
'The President pro tempore (Mr. Davis) {leclded that an amendment sufficient for this purpose to say that, so far as I know, it nevel;
to the naval appropriation bill adding 140 surgeons, of whom 50 shall has been doubted that the creation of an office by legislation
be designated as surgeons, of the first class, etc., was 'not In order was general legislation as distinguished from special legisla-
under Rule XXIX, and was general legislation to a general appropria-
tion bill. . tion. It is not always easy to draw the distinction. It is one
On appeal, the decision ,was sustained-yeas 26, nays 21. of those difficult things where the c1ivision, instead of being a
Now, if it is general legislation to provide for an additional line, is a zone. You may be quite cel'tain, when you are out-
140 surgeons, it is general legislation to provide for an add i- side of the zone on one side, that you have got genernl legisla-
tion~l 1 surgeon. The fact that there is only one in the class tion and quite certain, when you are outside of the zone on the
does not prevent it fl'om being a class. other, that you have' got speCial legislation. Now, interme-
Mr. SMOOT. The Senator takes the position, then, that no diately there are a number of cases which it is som,etimes diffi-
increase can be made in an office on an appropril\tion bill? cult to assign to the appropriate class; but here is a case
Mr. SUTHERLAND. No; the Senator does not take that which by all the authorities falls clearly outside of the zone
pOSition. 'Ve can increase the salary paid to an office already on the side of general legislation. So it is unnecessary to
in existence, but we can not create a new office. They are two refine about it.
vel'y distinct and different things. Mr. HITCHCOCK. Mr. President, I should like to ask the
1\Ir. SMOOT. I recognize that entirely. There is not any Senator from Utah if he does not think there is a clear dis-
question about that, and that has been universally held. But tinction between merely adding a clerk in a department and a
the Senator takes the position, then, that the only way in which provision which empowers the President to make an appOint-
we could have an assistant to the Secretary of the Treasury is ment, subject to the confirmation of the Senate?
by a general bill creating the office? Mr. SUTHERLAND. There is a very clear practical dis-
1\11'. SUTHERLAND. The only way is to pass legislation; tinction, and it is quite likely that there is a distinction in the
anti when the legislation Is passed it may becqme a question law; but, as it seems to me, it is not llecessary to refine upon
as to whether it is general legislation or special legislation- it, because we have here a case where by the proposed legisla-
general legislation as distinguished from special, or general tion an office is to be created which is to be filled by presiden:
legislation in the sense that it is public, as distinguished from, tial appOintment. Now, if that is not general legislation, I do
private legislation-and if it is proposed to an appropriation not know what genernl legislation is.
hill there is a rule which says that if it is general legislation it The PRESIDING OFFICER. The question is, Shall the
will not be admitted. ruling of the Chair stand as the judgment of the Senate?
l\fr. OVERMAN. 'l'his is not general legislation. , The ruling of the Chair was sustained. ,
1\11'. SMOOT. There is not an appropriation bill passed but MI'. OVERMAN. Mr. President, I desire to put in the REC-
that there is the cI'eation of some kind of an office by the ap- ORD the remarks made' before the Appropriations Committee by
propriation bill. the Secretary of the Treasury himself in regard to the neces-
Mr. GALLINGER. A point or order could be made against Sity for having this office created, so that Senators may see
e\'ery one of them. that the reason why the committee put it in was because it was
1\It-. S1\IOOT. Of course; if it is general legislation, then the just and right and ought to be done.
only way you can create a new office is to pass a bill through I therefore ask to have the statement incorporated in the
Congress creating it, and then appropriate the money to pay RECORD.
whateyer salary is attached to it. The PRESIDING OFFICER. If there be no objection, it will
1\Ir. SUTHERLAND. We do that sometimes, but it is done be so ordered. The Chair hears no objection.
because no one objects. If the point was made--- ' The matter referred to is as follows:
MI'. OVERMAN. Could we appoint a clerk1 Would that be ASSISTAXT TO THE SECRETARY OF THE TREASURY.
general legislation?
Mr. SUTBEHLAND. How does the Senator mean? . Secretary McADOO. Gentlemen, there Is one other itom here which I
confess I present with an extreme degree of diffidence, and If It wero
Mr. OVERMAN. Instead of saying 'that there should' be not practically Imperative I would not present It. That is the question
40 clerks for a certain department, suppose we put in 46; would I presented here two years ago to the House committee, of an assistant
that be general legislation? ' to the Secretary of the Treasury.
Sen!ltor OVERMAN. Yon have a letter on that, also?
Mr. SUTHERLA.i\,D. Additional clerks? Secretary MCADOO. Yes.
1\k OVERMAN. Yes. Senator OVERMAN. Is that an official estimate?
MI'. SUTHERLAND. I think undoubtedly it would be gen- Secretary McADOO. That Is my letter, transmitting the official esti-
mate to the President of the Senate.
eral legislation if it is the creation of a new office. Senator OVERMAN. You want that to go into the, record?
MI'. OVERMAN. Well, if that is so, it would be the end of Secretary McADOO. Yes; you can put In the estimate and the letter
all legislation. We never would be able to keep the Govern- also If you wish.
(The Jetter and estimate referred to arc as follows:)
ment going. The wheels would be clogged. The Government . TREASUllY DEPARTMENT, OFFICE OF THE SEClll'lTAlty,
could not move. 'Ve could not get along at all. We never could' lV ashinyton, Deccmbcr 26, 1916.
pass general bills through Congress for these clerks. That The PRESIDEXT OF THE SEXATE:
would be the enu of it. This is simply special legislation; it is -SIlt: I have the honur to submit herewith for the favorable action
not general. of Congress an estimate of appropriation for salary of an assistant to
'the Secretary of the 'l.'reasury, to be appointed by the Secretary, with
Mr. SMOOT. If that were the case, Mr. President, the House compensation at the rate of $5,000 per annum, the same to be available
of I~prescntatives might just as well make up the appropria- from the date of the approval of the act. '
tion bill and have it become a law in that shape and never The duties that have been recently Imposed upon the Secretary of tho
Treasury through the creation of the Federal Heserve Board, the, Fed-
come to the Senate of the United States for amendment by eral Farm Loan Board, the new tariff and Internal-revenue legislation,
them. . ,the Income tax, and taxes upon Inheritances, munitions, etc., and the
Mr. GALLINGER. Oh, well, if the Senator will permit me, promotion of Increased financial and commercial relations with the
several HepubUcs of Central and South America, together with the
an apl)l'OI)l'iation bill is not entirely composed of clerks. There tremendous growth of the business of the Treasury Department, make
are some other things in appropriation bills. It Imperative that the Secretary be granted addltlonai assistance, and
Mr. OVI~Rl\IAN. There is not much else in the legislative I can not too strongly urge upon the Congress the grantiug of this
request, Inasmuch as tbe Secretary himself and his three assistauts and
hill. ,their respective staffs are drl\'en to the utmost to discharge the duties
1\lr, BHANDEGEK Mr. President, I have heard this ques- of their offices. .
tion l.liscll~sed m'el' all(l over again as to what was general Respectfully, W. C. lIICADOO, Secrctary.
leg-i;;.t::tion. r nCYCI' II:! YC heen able to form an exact standard Secretary MCADOO. Not only has the worl< of the Treasury Depart-
ment increased tremendously In the last three years, but new duties
whU', it \\w:; ;:;nfe to o]l~.J'ate un(]el'. I wish to ask the Senator have been Imposed upon the Secretary which arc very exacting. For