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a bare two-thirds, 274 to 136. In 1887 one state allowed women to
vote; when the resolution passed Congress complete or partial suffrage
had been granted by 28 states.

Twice in June and again in July, 1918, the President urged the sub-
mission of the resolution to the states, and in September he appeared
before the senate to deliver a special address on the amendment ''as a
vitally necessary war measure,'' and ''as vital to the right solution of
the great problems which we must settle immediately when the war
is over," but at that tune the senate refused to accede to his wishes.
The votes and debates when the resolution was approved by the house
and senate in May and June, 1919, showed that Congress recognized
the resolution to be inevitable and that each party wished to receive
the credit of helping the women to be given suffrage under the federal
constitution. By December 7. 1919, 21 states had ratified the amend-
ment and action was anticipated in the near future by several others.
The states which had ratified were as follows: Wisconsin, Michigan,

Report 161 (August 18); passed senate Septembers; Conference Report agreed
to in senate October 8 (senate Document 118) and in house October 10 (House
Report 360) ; vetoed by President October 27 on the ground that constitutional
prohibition and war time enforcement should not be coupled in the same meas-
ure; passed the house over the President's veto October 27 (176 to 55), and the
senate October 28 (66 to 20).

On December 15, 1910, by a unanimous decision, the Supreme Court of the
United States held the measure constitutional as applied to distilled liquors
(Hamilton v. Kentucky Distilleries & Warehouse Co., No. 689, October Term,
1019). On January 5, by a vote of 5 to 4, the Supreme Court sustained the
power of Congress to define ''intoxicating" as a content of alcohol in excess of
J of 1 per cent (Ruppert v. Caffey, No. 603, October Term, 1919). The CJourt
by a unanimous decision held that the manufacture of 2.75 per cent beer prior
to the enactment of fhe Volstead measure — that is, under the act of November
21, 1918, which did not define "intoxicating"— was legal (U. S. v. Standard
Brewing Co., No. 458, October Term, 1919).

These decisions indicate that had the President issued his proclamation as
empowered by the act of November 21, 1918, liquors could have been sold up
to January 16, 1920, and that there is no doubt as to the power of Congpress to
define ''intoxicating" as a content of more than } of 1 per cent of alcohol,
for the enforcement of the prohibition amendment. See my article "'Life,
Liberty, and Liquor:' A Note on the Police Power," 6 Virginia Law Review,
156, 179 (December, 1919) . The constitutional amendment will be attacked on
the ground that it infringes the rights of the states and was illegally adopted, but
it is not likely that these suits will be successful.

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Kansas, Ohio, New York, Illinois, Pennsylvania, MassachusettSi
Texas, Iowa, Missouri, Arkansas, Montana, Nebraska, Minnesota,
New Hampshire, Utah, California, Maine, North Dakota, South

Profiteering Legidaiion. The rising cost of living led President
Wilson to deliver a special address to Congress on August 8. He was
frank to say that no immediate and complete remedy could be hoped
for from legislative and executive action, and he suggested that so long
as the transition period from war to peace continued there could be no
readjustment of tiie financial and economic system so that prices would
go down to a peace level. The President's concrete proposals were as

The sale of surplus food and clothing in the hands of the government.

Publicity as to wholesale prices secured through the departments of
commerce, agriculture, and labor, and the federal trade commission,
if Congress would provide the necessary funds.

The extension of the Food Control Act, making it apply to more
commodities and with a penalty for profiteering which would be "per-

A cold storage law and a law requiring that ''all goods destined for
interstate commerce should in every case where their form or package
makes it possible be plainly marked with the price at which they left
the hands of the producer."

A federal license for aU corporations engaged in interstate commerce.

Mr. Wilson pointed out, in his message to Congress on December 2,
that Congress had acted on only one of these recommendations, and
urged that the present Food Control Act (H. R. 8624, Public Law No.
63) be extended for a period of six months following the formal proc-
lamation of peace, when it would become inoperative. Funds had
been made available for investigations, but there was no law author-
izing the expenditure for the purpose of making the public fully informed
about the efforts of the government. A cold storage law passed the
house of representatives on September 30 (H. R. 9521), but was not
considered in the senate. Surplus foodstuffs were sold by the war
department. Congress showed very little disposition to become
excited over the high cost of living, and seemed to assume that the
responsibility was largely that of the executive, since, by the legislation
of the war, he had been granted enormous powers.

The Appropriation Bills. Congress did quick work with the appro-
priation bills left over from the short session and with necessary new

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appropriatioDB. An analysis of their legislative history is given in an
acoompan3ing table. As revised during the special session, the seven
appropriation bills contained nearly a billion dollars less than the
figures agreed upon at the third session of the Sixty-fifth Congress.
Such a reduction was practically inevitable, since the peace time needs
of the government were not so great as they were during the war, or
immediately after the armistice, when it seemed tiiat demobilisation
might not be so speedily effected.

Very little legislation was passed in the form of riders to the appro-
priation laws. The General Deficiency Act prohibited the use of money
authorised by Congress for propaganda to influence legislation, and
amended the Alien Property Custodian Act; the army appropriation
law contained a good many provisions with regard to administrative
details, but did not attempt to lay down any policy with regard to
ovganisation, and so also with the Naval Appropriation Act. The
sundry civil bill (H. R. 6176) was vetoed by the President on July 11,
because it did not make available sufficient funds for vocational reha-
bilitation. A new bill was introduced and was approved July 19. The
first deficiency appropriation bill for 1920 (H. R. 9205, Public Law
No. 73) contained a provision exempting farm and labor organizations
from prosecution under the Sherman Anti-Trust Act. When the
measure was before the house of representatives this proviso was
struck out by a viva voce vote, but when a record vote was demanded
the exemption prevailed by a vote of 201 to 30. The senate retained the
proviso by a vote of 31 to 28.

Statistics as to the appropriations for 1920 and the estimates for 1921
are of some interest and are given in an accompanying table (p. 83).

t Net increase, estimates for 1921 over appropriations for 1920,

regular annual bills $404,850,546.33

Decrease, estimates for 1921 under appropriations for 1920,

permanent annual appropriations 543,590,027 .71

Net decrease of estimates for 1921 under appropriations for

1920, regular and permanent annual appropriations. . '. 138,739,481 . 38

Decrease, grand total of estimates for 1921 under gprand total of

appropriations for 1920 2,407,149,383.76

. Amount of estimated revenues for 1921 5,620,350,000.00

Amount of estimated postal revenues for 1921 415,500,000.00

Total estimated revenues for 1921 6,035,850,000.00

Excess of estimated revenues (exclusive of deficiencies and

miscellaneous) over estimate appropriations for 1921 1,170,439,968.38

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Other Legialaiian. > An especially large number of bills and resolu-
tions were introduced during the special session. Many of the former
were to secure German cannon or field pieces for various towns in the
United States; on August 2, one representative introduced ninety-eight
such proposals. The resolutions were numerous because of the desire
of Congress to do a great deal of investigating. The numbers of bills
and resolutions introduced during the Sixty-fifth and Sixtynaixth Con-
were as follows:*

Bills and joint reaoltUiana introduced^ and enacted into law

House bills and joint resolutions introduced:

Bills, Sixty-fifth Congress 16,239

Bills, Sixty-sixth, special session 10,735

Joint resolutions, Sixty-fifth Congress 445

Joint resolutions, Sixty-sixth, special session 249

Total House, Sixty-fifth Congress 16,684

Total House, Sixty-sixth, special session 10,984

Senate bills and joint resolutions introduced:

Bills, Sixty-fifth Congress 6,680

Bills, Sixty-sixth, special session 3,457

Joint resolutions. Sixty-fifth Congress 230

Joint resolutions. Sixty-sixth, special session 127

Total Senate, Sixty-fifth Congress 5,910

Total Senate, Sixty-sixth, special session 3,584

Total bills and joint resolutions, both houses^

Sixty-fifth Congress ^ 22,594

Total bills and joint resolutions, both houses,

Sixty-sixth Congress, special session 14,568

Resolutions introduced:

House, Sixty-fifth Congress 73

House, Sixty-sixth, special session 38

Senate, Sixty-fithf Congress 32

Senate, Sixty-sixth, special session 17

Total concurrents, Sixty-fifth Congress 105

Total concurrents^ Sixty-sixth, special ses-
sion 65

* These figures are a revision of a table which appears in the Monthly Compen-
dium for December, 1919.

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Simple :

House, Sixty-fifth Congress 626

House, Sixty-sixth, special session 307

Senate, Sixty-fifth Congress 487

Senate, Sixty-sixth, special session 234

Total simple resolutions, Sixty-fifth Congress 1,112
Total simple resolutions, Sixty-sixth Con-
gress S31

Total, concurrent and simple, Sixty-fifth

Congress 1,217

Total, concurrent and simple, Sixty-sixth

Congress 686

Resolutions passed:
Concurrent :

House, Sixty-fifth Congress 26

House, Sixty-sixth, special session 11

Senate, Sixty-fifth Congpress 6

Senate, Sixty-sixth, special session 6

Total concurrents passed, Sixty-fifth Con-
gress 32

Total concurrents passed. Sixty-sixth Con-
gress. 17


House, Sixty-fifth Congress 228

House, Sixty-sixth, special session 141

Senate, Sixty-fifth Congress 320

Senate, Sixty-sixth, special session 137

Total simple resolutions passed, Sixty-fifth

Congress 548

Total simple resolutions passed. Sixty-sixth

Congress 278

Total all resolutions passed. Sixty-fifth

Congress 580

Total all resolutions passed, Sixty-sixth

Congress 295

During the special session ninety-five public laws were passed.
Eleven of these were appropriation bills; thirty-six authorized the
construction of bridges, and the other half, with the few exceptions
mentioned in this summary, related to imimportant matters. Con-
gress, for example, was called upon to give authority to build the Hud-

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Bon River tunnel between New York and New Jersey; to authorize the
war department to loan machine tools and instruments to trade and
technical schools; to provide for the improvement of the mail service
in Hawaii; to extend the cancelation stamp privilege to the Roosevelt
Memorial Association; and to permit women of the Protestant Episco-
pal Church of the Diocese of Washington to vote and hold office.^

The American Legiqn and the Near East Relief were incorporated
the permanent rank of general was conferred on General Pershing
several amendments were adopted to the War Risk Insurance Act
the Federal Reserve Act was amended to permit banks to invest in
the stocks of corporations engaged in the financing of exports; the
number of officers in the army was increased to 18,000; $17,000,000
was appropriated for the completion of the Alaskan Railway; and
citizenship was conferred on lodians having military service. Joint
resolutions provided for the appointment of an ambassador to Bel-
gium, and increased the compensation of certain postal employees.
Only six private laws and one private resolution were enacted during
the session.

TAc President's lUnesa. President Wilson's speech-making tour on
behalf of the League of Nations was begim on September 3 and came
to a sudden end on September 26, when he was forced to return to
Washington on account of illness. For more than a month the Presi-
dent was able to do only a minimtim of official business and there were
alarming rumors as to his condition. His direction was missed chiefly
in the negotiations for the settlement of the coal strike, and the friends
of the league covenant in the senate were sadly handicapped by his
inability to formulate a program.

Twenty-eight bills became law owing to the failure of the President
to act within ten days (exclusive of Sundays) after their receipt at the
White House. He was able to veto the Prohibition Enforcement Act
on October 27, but he did not approve two statutes which became law
on October 22 and 25 (Public Laws Nos. 64 and 65), and he failed to
sign Nos. 67 to 82 inclusive (October 28-November 18) with the excep-
tion of No. 73, the First General Deficiency Act for 1920, which was
signed on November 4.^

* The act was to amend a charter granted by Congress March 16, 1886. See
Congressional Record^ August 2, p. 3789.

' The President signed four bills on October 22 (including the amendments to
the Food Control Act), but failed to sign one which became law (Public No. 64)
on account of the expiration of the time limit. The President approved a number
of bills while he was in Paris. H. R. 2329 (war risk deficiencies) was enrolled on

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In spite of the President's inability to preside over cabinet meetings
or to act in the Mexican crisis, there was slight disposition to raise the
constitutional question: "In case of the removal of the President from
office, or his death, resignation, or inability to discharge the powers and
duties of the said office, the same shall devolve on the Vice-President.''*

The Budget Bill. In his annual address to Congress on December 4,
1917 President Wilson requested the house, of representatives to
"consent to return to its former practice of initiating and preparing all
appropriation bills through a single committee, in order that responsi-
bility may be centered, expenditures standardized and made uniform,
and waste and duplication as much as possible avoided."

May 23, sent to the President the next day, and signed in Paris. H. R. 1200 (mile-
age appropriations for the house) was sei^t to the President on June 2 and signed
in Paris June 17. The Indian appropriation bill (H. R. 2480) was sent to him
June 16, and approved on June 30 on board the George Waskingion, During the
short session of the Sixty-fifth Congress a number of bills were approved in Paris.
* As to the meaning of ''inability" and the proper authority to determine when
it exists, constitutional lawyers are not very definite. Professor W. W. Wil-
loughby simply states the problem but does not answer it. (2 Willoughby on the
Constitution, 1146.) The most elaborate discussion occurred apropos of President
Garfield's illness in 1881; Senator Trumbull, Judge Cooley, Professor Dwight,
and Benjamin F. Butler contributed to an interesting symposium on the question in
the North American Review, November, 1881. Of interest also is Hamlin, ''The
Presidential Succession Act of 1886," 18 Harvard Law Review , 191. Judge Cooley
said that all the circumstances would have to be taken into consideration. In
times of supreme trial— such as April, 1861 or April, 1917— it would be disastrous
if a President withdrew himself for days, whereas at other times, a withdrawal for
weeks or even months would not be too inconvenient. Judge Cooley urged that
the question of " inability" was one for Congress to determine. " It is possible,"
he said, "for a case to arise so plain, so unmistakably determined in the public
judgment, that public opinion, with unanimous concurrence, would summon the
Vice-President to act. But though this would make him the acting President de
facto he would become acting President de jure only after solemn recognition in
some form by Congress." It is worthy of mention that the constitutional pro-
vision above quoted does not consider the possibility of the death of the President
or Vice-President subsequent to the election but prior to the inauguration. Until
1886, succession vested in the President pro tempore of the senate and the Speaker
of the house, instead of the secretary of state, etc. as at present. At that time
the president pro tempore did not hold over from Congress to Congress until a
successor was chosen; consequently if both the President and Vice-President had
died during an interim between Congresses there would have been no one to suc-
ceed. Furthermore, under this arrangement succession could vest in a member
of the political party which had been defeated in the election. During Cleve-
land's first administration and after Vice-President Hendricks died a Republican
was president pro tempore of the Senate.

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From its establishment in 1865 until 1880 the conmiittee on appro-
priations had control of all the regular appropriation bills. In that year
the committee on agriculture was given the right to report the appro-
priations for the department of agriculture and the conmiittee on com-
merce the right to report the appropriations for rivers ahd harbors.
In 1885 the committee on appropriations lost jurisdiction over sue
appropriation bills which was given to five other conunittees of the
house: the committees on military affairs (the army and the military
academy bills); naval affairs, Indian affairs, foreign affairs, and post
office and post roads. At the present time eight committees of the
house have jurisdiction over thirteen regular appropriation bills: the
committee on appropriations has charge of the deficiency measures
that are necessary.

So far as the submission of the estimates is concerned the chief
defects are that expenditures are not considered in connection with the
revenues; Congress does not require of the President any careful finan-
cial program; the estimates submitted represent the desires of individ-
ual departments and bureaus, for which the President is not responsible,
and lire not harmonized with each other, and no attempt is made to
prevent duplication and waste or to have the estimates conform to the
condition of the treasury.

For years reform has been agitated: Garfield vigorously opposed the
change to the present practice of different congressional comioittees;
President Taft strongly indorsed the reports of his commission on
economy and efficiency; and legislators like Congressmen Fitzgerald
and Tawney and Senator Aldrich were in favor of a budget system.
Both political parties were pledged to it in 1916, and the house passed
a bill during the special session. It creates a budget bureau in the
office of the President, with the responsibility of seeing that an ade-
quate financial prospectus is presented to Congress with the estimates
carefully checked. A resolution* was introduced providing for a
change in the rules so that all bills appropriating money should go to
one enlarged appropriations committee, but this was not acted upon.
Enforcing executive responsibility is not nearly so serious a matter as

* H. Res. 168 which passed on July 31 created a special committee (Good, chair-
man) to devise a plan for a budget. The testimony in the hearings before the
committee is of great interest. The bill reported (H. R. 9783; House Report 302)
passed on October 21.

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depriving certain committee chairmen of some of the powers which they
now have in controlling funds for different departments.*®

Congressional Investigations and Committee Hearings. As is natural
when the political complexion of Congress changes, the majority party
makes every effort to investigate the record of its opponents, but the
investigating mania shown by Congress during the special session far
exceeded any previous record. Nearly two hundred resolutions author-
izing special inquiries or permitting regular committees to send for
persons and to take testimony were introduced. Fifty-five of these
were passed and their subjects ranged from those of general interest
such as the investigations of the Peace Treaty leak, war department
contracts and expenditures, a budget system, and war risk insurance,
to the reasons for the detention in France of Robert A. Minor and the
suspension of Miss Alice Wood, a Washington school teacher.

The session was marked, however, by an imusually large number of
valuable hearings by various committees. The testimony on army
reorganization before the senate and house committees on military
affairs; Senator Eenyon's report on the steel strike; the hearings before
the special house committee on the budget; the investigation 6f the
Mexican imbroglio, and the senate and house committee hearings on
the railroad question are materials of capital importance. They con-
tain matter which is far more valuable than anything said on the floor
of either house, and show that the problems before Congress have been
really debated, not so much by members of Congress, as by persons
appearing to present their views to the committees. The senate
committee on foreign relations published hearings containing the testi-
mony of Secretary Lansing and of the American experts on inter-
national law and the Far East; the revelations on Russia of Mr. Bullitt
("the young American" who breakfasted with Mr. Lloyd George),

" H. Res. 324, House Report No. 373. So far as "pork" is concerned the only
difference under the budget system as proposed by the house committee would
be that the legislation would be framed by the rivers and harbors and public
buildings conmiittees and the appropriations would go through the single appro-
priation committee. Speaking of the difficulty of changing the existing com-
mittee system, Congressman Frear said : ''No Hottentot king or dusky Senator in
the far-off cannibal islands was ever more proud of his huge earrings ....
than are some honored members of appropriation committees who have finally

reached chairmanships on these powerful committees Finally in«

trenched in power, they possess ordinary human attributes and cannot willingly
be expected to relinquish seniority rights reached only after years of patient
waiting." In the Senate a special committee was appointed to devise a budget
plan (McCormick, chairman; S. Res. 58; July 14, 1919) but the committee did not

Online LibraryWestel Woodbury WilloughbyThe American political science review → online text (page 9 of 77)