U.S. Supreme Court SPRINGER v. GOVERNMENT OF THE PHILIPPINE ISLANDS, 277 U.S. 189 (1928)

277 U.S. 189

SPRINGER et al. v. GOVERNMENT OF THE PHILIPPINE ISLANDS.

AGONCILLO et al. v. SAME.

Nos. 564, 573. Argued April 10, 1928. Decided May 14, 1928.[ Springer v. Government of the Philippine

[Page 277 U.S. 189, 212]

would be plain if the stock were in private hands, and if the government bought the stock from private owners the functions of the corporations would not be changed. If I am right in what I have said I think that ownership would not make voting upon the stock an executive function of the government when the acts of the corporation were not. I cannot believe that the Legislature might not have provided for the holding of the stock by a board of private persons with no duty to the government other than to keep it informed and to pay over such dividends as might accrue. It is said that the functions of the board of control are not legislative or judicial and therefore they must be executive. I should say rather that they plainly are no part of the executive functions of the government but rather fall into the indiscriminate residue of matters within legislative control. I think it would be lamentable even to hint a doubt as to the legitimacy of the action of Congress in establishing the Smithsonian as it did, and I see no sufficient reason for denying the Philippine Legislature a similar power.

Mr. Justice BRANDEIS agrees with this opinion.

Mr. Justice McREYNOLDS (dissenting).

I think the opinion of the majority goes much beyond the necessities of the case.

The Organic Act is careful to provide: 'That all executive functions of the government must be directly under the Governor General or within oen of the executive departments under the supervision and control of the Governor General.'

A good reason lies behind this limitation which does not apply to our federal or state governments. From the language employed, read in the light of all the circumstances, perhaps it is possible to spell out enough to overthrow the challenged legislation. Beyond that it is unnecessary to go. Footnotes

Footnote 1 Sec. 22. That, except as provided otherwise in this act, the executive departments of the Philippine government shall continue as now authorized by law until otherwise provided by the Philippine Legislature. When the Philippine Legislature herein provided shall convene and organize, the Philippine Commission as such, shall cease and determine, amd the members thereof shall vacate their offices as members of said commission: Provided, that the heads of executive departments shall continue to exercise their executive functions until the heads of departments provided by the Philippine Legislature pursuant to the provisions of this Act are appointed and qualified. The Philippine Legislature may thereafter by appropriate legislation increase the number or abolish any of the executive departments, or make such changes in the names and duties thereof as it may see fit, and shall provide for the appointment and removal of the heads of the executive departments by the Governor General: Provided, that all executive functions of the government must be directly under the Governor General or within one of the exeuctive departments under the supervision and control of the Governor General. ... 48 USCA 1114.