The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-02-01
t'psiuoIuummool
The Civil Tenure LAW,

torney General concur In the opinion that, under
the tenure Of Office law, the expiration OF the
commission of an officer does not displace MIN,
but that he holds over until his successor Is ap-
pointed and confirmed by the Senate"
The above Is taken from the REPUBLICAN, Of
this morning. We can hardly believe that the
Attorney General has made any such decision.
4 The fourth section OF the civil tenure law pro-
videe
"That nothing in this act contained shall be
construed to extend the term OF any Office, the
duration OF which Is limited by law" Act
March 2, 1867.
Under this section the Official lifetime of per.
sons holding commissions Is neither prolonged
or diminished, but the question whether they
"contlnuc In ONCE until their successors are ap.
pointed and duly qualified, is rcmittcd to the
prc.cxisting laws"
Whether collectors Of customs, when commits
sions have expired, continue in Office, &C., can
only be correctly decided by an examination OF
the pre-cxisting laws In that behalf.
Under the acts OF lTo9 the term or time for
which collectors were appointed and commits
stoned was without limitation. The twenty
second section OF this act provides: That every
collector, naval officer and surveyor, in cases OF
occasional and necessary absence or sickness, and
not otherwise, may respectively exercise and
perform their several functions, powers and
duties, by deputy duly constituted under their
hands and seals respectively, for whom in the
execution Of their trusts they shall respectively
be answerablc; that In case Of the disability or
death Of collector, the duties and authorities
vested In him shall devolve on his deputy, II any
there be At the time Of such disability or death,
for whose conduct the estate of such disabled or
deceased collector shall be liable" Ifthere is
no deputy appointed, the naval Officer; II there Is
no naval oficer, the surveyor of the port; fthere
Is no surveyor, the surveyor Of the nearest port
within the district shall perform the duties Of
collector of customs.
From these provisions II Is plain that Congress
intended that the person discharginy the duty OF
the chief executive officer in every collection
district should hold a subsisting commission un-
der iar and be under bond for the faithful per-
Torrance of his oiiiclal trust and duty, rs the
provision is expressly made that In the event OF
the collectors death, while the duties Of his Office
are being performed by deputy, for the liability
of the bondsmcn Of the collector. II these duties
are discharged by naval officer or surveyor, the
Government is protected by the Official bonds re-
quired from these officers at the date OF their
commissions.
The FIRST section of the act OF Congress, APP
proved May Is, ls2o, enacts, That from and after
the passing of this act, all district attofneys,
| collectors Of the customs,n naval officers, and
surveyors of the customs, and certain other oiii-
| GERS therein named, shall 0e appointed for The
term Of four years, Sa shall be remarkable from office
/ al pleasure"
This law Axes the time or period for which a
collector may be commissioned and discharge
the duties Of his office unless soone, rsnored
| BY its terms, the expiration of the four years
affects his Official life to the extent as re-
moval during the period, Viz: II rdedies he Office
The second section OF the act OF May 10, 1920,
provides n time, fixing day and month, Tor the
| expiration OF the commissions OF the officers
named In the first section, as yoiiors: Commits
| sions dated on or before the 30th Of September,
| 1874 shall expire on the day and month of their
| respective dates next after the 3oth September,
Commissions bearing date between September
30, 1874 and October l. 1915, to expire on the day
| and month of their respective dates next after
the aOth Of September, is2i; and all other com.
missions shall expire four years from their re-
For nearly a half century collectors have been
| re-appointed and COMM ssioned on the expiration
of their term. Unless BY operation of law, the
I Office OF collector becomes vacant on the eXpira-
tion OF the four years, there would be no peees'
sity for their rc-appointment.
To hold that collectors, whose commissions
have expired, continue in office until their sue
entirely disregard the law OF 1920: This law con.
trolls the act OF ITO, and limits the duration OF
collectors official life to four years. 1t was In
tended to change the prc-cXisting law In this par
ticular This intention is completely defeated u
collectors are allowed to hold their Offices until
"their successors are appointed and duly quail
oficcs are created, the duties prescribed, and
the duration defined BY law. The commission Is
the power OF attorney under NE idp, aud the
officer has no authority to act "outside" OF its
| limitation.
| As well might an agent claim to transcend In.
| stEnGtiopSuspd hilh 6is nrin"i"si In tn" "ri""'A
| The expiration of the term fixed by law for
which a collector Is commissioned, is conclusive
| upon his Official authority. lie ceases to be an
| officer OF the Government, having no badge or
| ear-mark to distinguish him from the mass Of
his fcllow-eitizens. II he Is allowed to receive
| the pay and continue In the discharge OF the
duty OF chief executive custom officer without
| q subsisting commission under law, coupled with
| bond for the faithful performance OF Official
duties, not only Is the law of 1870 made void and
| OF effect, but the true intent and meaning of
the act of 100 Is clearly violated, and its re-
| quirements for the security Of the public aban-
doned.
An expired and stale commission may be
priced as personal relic, but IL is valueless as
the token OF official position-the officer Is de-
funct and his authority is lapsed.
| The arguments db incoHrCnisRti, viz: leaving
collection districts without q chief exeeutiv 9
custom Officer, should not be allowed to prevent
the enforcement of the legal limitation ex.
pressly set forth in q collectors commission. II
| there Is found to be no statutory provision In
| this particular, the Secretary Of the Treasury
under his general authority to superintend the
| collection of the revenue, can properly provide
for the emergency and protect The interests ant
convenience OF commerce.
No reason short OF the impraeticability of it,
administration will justify the making void ant
| q no effect an existing statute by the executive
department Of the Government.