Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-04-25
From Washington.
WASHINGTON, April Il

don, CALVIN UtlS, ROBERT II. Patterson
James H. Gray and Alexander Gardner,
to be Brig. Gems. by brevet.
The Secretary of the Treasury to-day
received a telegram that that the First
National Bank Of Selma, Ala, govern
ment depository, was robbed last night
Of 100000.
The Senate rejected James bingham
as marshal for the western district of
Tennessee.
The police made a descent on another
gambling house last night, capturing
| fourteen or fifteen men and the cards,
checks and other apparatus used in such
business.
The President to-day replied to the
resolution Of the Senate, calling for
copies of any official opinions which
may have been given by the Attorney
General the Solicitor Of the Treasury
or by any other officer of the govern
ment on the Interpretation of the act Of
Congress regulating the tenure Of Office,
especially in regard to appointments by
the President during the recess of Con-
gress. This resolution having been re-
ferred to the Secretary of the Interior,
the Secretary of State, the Secretary of
War, the Secretary of the Navy, the
Attorney General and the Postmaster
General they severally report that they
have given no opinion on the subject.
The Secretary of the Treasury, however,
in his reply submits a transcript Of
letter addressed by him to the Solicitor
Of that department together with his
reply. These contain all the informa-
tion he has upon the subject.
Secretary McCulloch wrote to the
Solicitor March I'd last "In view of
the possibility that the commission of
the chief offices of the customs at sew
eral ports may, within few days, ex-
pire by constitut ional limitation before
their successors have been appointed, l
have the honor to request your opinion
as to what legal provisions exist for the
administration of the duties of the
Offices of collector, naval officer and Ethe
surveyor during the time one or more
of them are vacant after the expiration
of theICommission of the present in
cumbents, and in view of the imminence
o. the emergency, l would request the
favor of an early reply" The Solicitor
of the Treasury on the 7th of March re-
plies that no distinct or clear provision
has been made by Congress upon the
subject. At first view it would seem to
be ca8us oniSsu8, and that the Office
| would remain vacant until q new ap-
! pointment could be made. This would,
! however, be a public calamity, such
offices must as a matter of necessity be
constantly filled, as the duties are to be
performed day by day, and are different
from most other Offices in this respect.
In view of this fact it is not to be pre-
sumed that Congress intended to omit a
provision for the 9xigency, but on the
other hand considered such a provision
actually made. In many cases the law
| provides in terms that an officer once
appointed shall hold the Office until
successor be qualified, but no express
provision of that kind is made here.
Again at common law certain officers are
held from necessity to hold over in this
manner, but this has not, believe, been
the usage Of our government in relation
to the offices in question. The act Of
March Sd 1917 empowered collectors
with the appreciation Of the Secretary
to appoint deputies and declared that
such deputies should be officers of the
customs, third statute 397 a deputy is
in law but the shadow of his principal
as a general rule, and his tenure of Of
| fee ceases with that of the collector.
That alluded to, however seems fin
tended to change the general rule to
certain extent and to make the deputies
Office distinct one in some respects at
least. 1t may be that Congress intend
ed that he should act in the exigency in
question. am by no means clear upon
the point, but yet in the absence Of any
other provision, and in view of the pub
lie necessity, would recommend Mr..
Anthony, the special deputy collector, to
act, The ssme reasoning does not apply
to the deputies of the naval offices and
surveyor, whose respective commits
sions have expired, bnt convenience re-
quires the same rule and in the absence
of other provisions think you may be
warranted in following it. have the
honor to be very respectfully,
| EDWARD JoURDAN,
Solicitor of the Treasury.