Relation of the Federal Government to Research 



159 



fully appreciated by the Kansas Council. Tims Dr. 

 Guild, in his bulletin, writes: 



It will not do, however, to ignore tlie influence of the gov- 

 ernor upon such a program. The relation.ship of the chief 

 executive to the council has not yet heen fully determined. 

 It will scarcely be possible to have two different legislative 

 progr.ims. During the past 20 years the executive has assumed 

 an important position in the planning and recommendation 

 of a major program for the legislature. No governor could 

 contemplate wi(h pleasure the possibility that a legislative 

 council would leave him either without a program, or with the 

 choice of affirming a portion of the council's program, or else 

 of proposing a contacting policy. Probably no legislative 

 council could long endure if its programs were constantly 

 to be opposed to that of the governor. 



Thus far. there has been no definite clash of interests, partly 

 because the council has felt it is under no urge to press a 

 definite, complete program. It has been satisJiod to make certain 

 that all of the essential material for such a program had been 

 prepared and was ready for legislative decision. As a matter 

 of fact, the council at its November 1934 meeting, the last 

 preceding its report to the regular session, evidenced no par- 

 ticular concern as to whether its proposals should or should 

 not be "recommended" to the legislature. By that time it 

 seemed to be general council opinion that the final decision 

 on the exact nature of a solution .should not be anticipated by 

 the council, but should be left to the regular legislative com- 

 mittees and that it was the primary function of the council, 

 not to make such a decision, but to have material in the best 

 possible form for the legislature. 



It will be seen from the above that the Kansas Coun- 

 cil has interpreted its duties to act as an aid in the 

 formulation of a legislative program rather than to 

 take to itself the task of formulating a definite pro- 

 gram to be recommended for adoption by the legis- 

 lature. In taking this position it has undoubtedly 

 acted wisely.^^ 



Auditor of Public Accounts 



In the preceding pages, emphasis has been placed 

 upon the legislature being, under our form of govern- 

 ment, the source of all administrative authority, and 

 upon its consequent responsibility, not only of giving 

 directions in respect to administrative organization, 

 methods, and activities, but of subsequently taking steps 

 by which it may assure itself that its directions are 

 being faithfully and efficiently carried out. 



In seeking to meet this latter responsibility, the 

 Congress, and to a lesser extent the State legislatures, 

 have, as has been pointed out in our chapter dealing 

 with special investigations, repeatedly created special 

 and joint committees to inquire into the workings of 

 certain, or all, of the administrative services. In view 

 of the fact that this responsibility is a continuing one, 

 a method of action far preferable to that of special 



*^ For an cxcelleut consideration of legislative councils see Reports 

 and Studies, New Yorli State Constitutional Convention Committee, 

 \mfi. vol. VII. ch. 7. 



investigations is that of the creation by the legislature 

 of a jDermanent agency through which it may exercise 

 a current supervision and control over the adminis- 

 trative services. 



Considering this problem as it presents itself in the 

 case of the national Government, Congress has had, in 

 fact, two such agencies — the General Accoimting Office 

 and the House Committee on Expenditures in the 

 Executive Departments. Unfortunately, neither of 

 these bodies has been able to realize on the opportunities 

 for keeping in touch with the conduct of administrative 

 affairs, of making investigations of administrative con- 

 duct when conditions appeared to be unsatisfactory 

 and of keeping Congress currently informed regarding 

 the manner in which its administrative agencies were 

 performing their duties. 



The General Accounting Office, presided over by a 

 Comptroller General, was created by the Budget and 

 Accounting Act, 1921, and was intended to be a legis- 

 lative agency through which the Congress might as- 

 sure itself that its orders regarding the raising and 

 expenditure of public funds were being properly car- 

 ried out and through which it might secure such further 

 information regarding administrative action as it might 

 desire. The act thus expressly directed that : 



(a) The Comptroller General shall investigate, at the seat 

 of Government or elsewhere, all matters relating to the receipt, 

 disbursement, and application of public funds, and shall make 

 to the President, when requested by him, and to Congress at 

 the beginning of each regular session, a report in writing of 

 the work of the General Accounting OflSce, containing recom- 

 mendations concerning the legislation he may deem necessary 

 to facilitate the prompt and accurate rendition and settlement 

 of accounts and concerning such other matters relating to the 

 receipt, disbursement, and application of public funds as he may 

 think advisable. In such regular report, or in special reports 

 at any time when Congress is in session, he shall make recom- 

 mendations looking to greater economy and efficiency in public 

 expenditures. 



(b) He shall make such investigations and reports as shall 

 be ordered by either House of Congress or by any committee 

 of either House having jurisdiction over revenue, appropria- 

 tions, or expenditures. The Comptroller General shall also, 

 at the request of any such committee, direct assistants from his 

 office to furnish the committee such aid and information as it 

 may request. 



(c) The Comptroller General shall specially report to Con- 

 gress every expenditure or contract made by any department 

 or establishment in any year in violation of law. 



(d) He shall submit to Congress reports upon the adequacy 

 and effectiveness of the administrative examination of accounts 

 and claims in the respective departments and establishments and 

 upon the adequateness and effectiveness of departmental in- 

 spections of the offices and accounts of fiscal officers. 



It needs but a reading of this provision of law to 

 show that in the General Accounting Office, Congress 

 has an agency exceptionally well situated and equipped 

 to make, on its behalf, any inquiry regarding admin- 



