Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-02-25

that the Tenure Of Office bill was unoon-
utitaiIonaIupon the question. Wheiher'as
10 those members who were appointed
by my predecessor, that act took
from me the power TO remove them, one
declared emphatically, 10 The
OF others sitting In Cabinet,
that they did not come within the pro-
visions Of the act, and II was no
protection to them. l understood
them all TO acquiesce 10 It's correctness.
In matter Of such grave importance,
I was not disposed to rest upon my
own opinion, though forfeited by my com
slant advisers. have, therefore, sought
to bring the question atas early day as
possible before the Supreme Court OF the
United States for trial and authoritative
discussion. In respect TO SO much Of
the resolution as relates TO the desigua-
ton OF an officer TO act as Secretary
of War adj interim, have only 70
say / have exercised this power
under the provisions of the first
section Of the act Of February 18th,
1895, which, so far as they are APP
plicable to the vacancies caused BY re-
moyals, 4 understand to be still in force.
The legislation upon the subject Of ad
interim appointments in the Executive
Departments stands as to the War Once,
as follows: The section Of the act Of the
9th Of August, 1889, made no provision
for vacancy in the very case OF re-
moval Of the head Of the War Depart
ment, and upon such vacancy gives the
charge and custody Of the records, books
and papers to the Chief Clerk. Next
by the act of the 9Th of March, 1892,
section s, it is provided that in case
vacancy is occasioned, by death or abb
sence from the seat Of Government, or
of sickness of tho head Of the War De-
partment, the President may authorize
a person to perform the duties OF the
Office until successor is appointed,
or the disability is removed. The act, 1t
will be observed, does not provide for the
case of vacancy caused by removal.
Then, by the first section of the act OF
February 10, 1875, it is provided that in
case of any vacancy the President may
appoint person to perform the duties
while the vacancy exists. These acts
are followed by that oil the goth of Feb
ruary, 1868, by the first section of
which provision is again made for theva.
cancy caused by death, resignation, alb
sence from the seat Of government or
sickness of the head of any department,
and upon the occurrence of such vacan-
cy power is given to the President 10
authorize the head Of any other Execu-
tive Department, or other officer in
either of said departments, whose APP
pointment is vested in the President, at
his discretion, to perform the duties
of the respective officer until a sue
cessor be appointed, er such alb.
sence or inability by sickness shall
cease, provided that no one vacancy
shall be supplied in the manner aforesaid
for longer period than six months.
This law, with some notifications, en-
acts the act of 1897, and provides, as did
that act, for the sort Of vacancies to be
filed, but, like the act of 1892, it makes
no provision for vacancy caused by re-
moval. 1t has reference altogether to
vacancies arising from other causes
According to my construction OF
the act of 1868, while it implicitly
repeals the act of 1892 regulating the va
cancies therein described, it has no
bearing whatever on so much of the act
of 1892 as implies to vacancy caused by
removal. The act of 1875, therefore, fur
nished the rule for vacancy occasioned
by removal One of the vacancies
is expressly referred to in the act of the
7th of August, 1889, creating the
Department of War. Certainly
there is no express repeal by the act of
1863 of the act of 1885,. The repeal, if
there is any, is by implication, and can
only be admitted so far as there is clear
inconsistency between the two acts. The
act of 1895 is inconsistent with
that of 1868 as to a vacancy occa-
stoned by death, resignation, absence
or sickness, but not at all inconsistent
as to O vacancy caused by removal it
is assuredly proper that the President
should have the same power to fill
temporarily vacancy occasioned by
removal he has to supply place made
vacant by death or the expiration
of a term. If, for instance, the
incumbent of an Office should be found
unfit to execute the functions, and the
public should require his immediate ex-
pulsion, remedy should exist and be
at once applied, and time be allowed
the President to select successor,
as is permitted him in case of vacancy
caused by death or the termination of an
official term, the necessity, therefore,
for an dd interim appointment is just
as great, and indeed, may be
greater, in case of removal than in
others bsfore it. 1t was held, therefore,
that the powers given by the act of 1885,
in cases of removal, is abrogated by sue
ceeding legislation. An exuress re.