The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-08-13

solely with Mr. Rollins to determine whether
| he would voluntarily put an end to his hold
| upon the office by REIMBURSEMENT on the re-
| signalon of it and the question whether the
office is now vacant must in'my opinion turn en-
tirely upon Just construction of the effects of
the letter of Mr.. Rollins in this regard This
letter is manifestly framed with the intent of
| conveying an impression that the writer does
| place himselfin respect TO his official and 10
| the public service and to the power and duty
| of the President in connection Herewith upon
| a different footing from that in which the law
| against or without reference to his wishes
| leaves him. But, with respect TO the commits,
| soner it would require me II possible to give
| some official efficacy 10 it. l cannot hesitate
| TO pronounce it entirely without any legal
| oneration " hateyer. Upon Mr.. Rollins tenure
| of his office 1 am obliged to re gard it as a
present tender of resignation in actual reln.
duiShment of the Office only upon and after the
events which is named and described by the
writer Il condition president to its having
that effect This event in the language of Mr.
Rollins addressed TO the President is the quail
lncatlon OF my successor, nominated by your
u and confirmed by the Senate 1t will be per
c lved that this event which is to ripen this
tender of resignation" into REIMBURSEMENT
OF the office, is precisely the action of the Ex-
ecntive and the Senate and of the successor OF
Mr.. Rollins, which by the terms of the tenure
OF civil office act, deprves him of his office and
consequently of any power or will in regard to
us REIMBURSEMENT. L cannot therefore give to
ms letter any official or legal force whatever
in placing at the discretion or disposition OF
the President any power over the off re of com
missioner OF Internal Revenue which he did
not possess without it, 1t remains only for me
to consider whether the endorsements nnon the
letter of Mr.. Rollins made by the President on
the filth of August, operates upon the postiou
OF the Office of Commissioner of Tn ernal Rev
enue as respects its vclucy on his present au
thority to fill it. Undoubtedly if an officer OF
the government places in the hands of the
Fresicent conditional resignation which
fakes Ell .ct as an official or legal relinquish-
ment OF his office upon such condition, it is
competent for the President to assent to the
CONDITION or not as may seem to him discreet,
ana IN such case an endorsement OF this dis
crlptlon would indicate h acquleScence in |
ihe dispositions of the office winch had been |
made by the conditional resignation. L have |
however in the nugatory charcte" which i |
have assigned to the letter of Mr.. Rollins suf- |
hcently shown that in my opinion it possessed |
90 legal or official operation whatever upon |
the once or the Presidents authority over |
10 which the endorsement could attach sell, |
and must consider that the Office of the Com,
missioner of Internal Revenue and Mr.. Roll |
ans mold ON 1T remain the same as if MS letter |
nad not been written, or the Preslden:' > en-.
dofsement MADE thereon, and that the Office is
not vacant. This conclusion renders it unnec-
essary, to consider and reply to your second |
question which ARISES only in case / >hould |
nave found reason to pronounce the office in |
question vacant have disposed of the mat |
er submitted to me wholly with the premises |
Of the existing legislation governing the ques |
5lonit l. without any discussion of the larger |
topics touching the conformity or repugnance |
Of this legislation with the Constitution for no |
such discussion would be appropriate to the |
enquiries to whicL. you have called my atten-
ion. With great respect.
have the honor to be
Your obedient servant,
WILLIAM NJ. EvARTs,
AntorneA General