THE POSTAL SAVINGS BANK ACT
41
farther than others; but the so-called Smoot
amendment appeared to be the only one which
could at the same time accomplish the purpose of
making the bill constitutional and command a
majority vote of the Senate. This amendment
provided: “That when, in the judgment of the
President, war or any other exigency involving
the credit of the Government so requires, the
Board of Trustees may withdraw all or any part
of said funds from the banks and invest the same
in bonds or other securities of the United
States.” 27
Senator Root said: “I deem it my duty, in
governing my own conduct and in expressing my
opinions regarding this bill to my fellow Sena
tors, to say that, without the amendment that I
introduced or some one of these other amend
ments embodying the idea of investment in Gov
ernment bonds, the bill is not within the consti
tutional power of Congress. I do not think that
as it now stands it can be brought within the just
description of any means necessary and appro
priate or adapted or suitable or tending toward
the exercise of any of the powers conferred.”
Senator Root thought that the Smoot amend
ment, although not satisfactory to him, would
“furnish probably a constitutional basis for the
27 Ibid., p. 2720.