The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-09-28
LEGAL INTELLIGENOE.

u. e.: DISTRICT CoURr-Judge Cadwalader.-
Friday argument Of the adsaoas pressnted ID
IN ne az deuy Me- wnch mas mas Occurred In the appoint
Court Tins morning to present their views. MI. Gil
sna eosse Msfs d 5ss wSs BY
appeared in behalf of Mr.. y Nel on the part of Mr.
Opsned the we're the S M sEny
The CONSTITUTION provides that the President shall
Senate shall appoint all officers OF the United STATES
yidsa which shall be established BY a%. nrS
such inferior officers as they think proper. in the
President alone IN the courts OF law, in the neads
The effect o. this provision is to require the con-
otherwise provided by law % opn. /. johnson n 8
The Constitution further provides that the Presi
dent shall hall have power 20 M up all vacancies that
ipg MISSIONS, which shall expire a. the ead of
their next session. Ibid. 9. = y
Attorneys shall be appointed for the term OF foir
years. but shall be removable from office at pleasure
The Tsnsis @ ONCE act of March 2, 1867 "a stat,
oce which ne has SseS appenssd y sas sS ssh
the aayice and consent OF the Senate, shall oe ent
tied TO hold such office until snail have
been In like m amer appointed and duly qualified"
tonsued To S ~ rms Of acs S snail be
lion OF which is limited by law. See i JohnsOn's
II iuit6er provides that the President shall have
70 M Of I'll te ea Tsa may
nation, by granting commissions which snail expire
appointment By and wth the advice and consent OF Of
senate shs be made during their next session, the
be performed by such other officer as may by law
Mr. Giipins term. District Attorney. would have
expired under the act Of 1872 In April 1858 during the
upon his tenure OF orice9 '' ~ -'''
the right TO continue to hold on. unless Successor
has been duly appointed and qualified; or unless the
effect OF The th section takes his case out OF the
The first section does not extend the term of the
DIaIrict AllOrnaV. thOuRh hav haa
competen; for Congress to have done so. The same
extended TO ye or any other number. There be
no doubt on M this point Mr LsyEencs's argument 10
Hsmep; iS Pet. 2is-s; sI9sy's Uom., 1887 Mnrberry
iSnp,s SIS, Howard, J. q Edwards. j., Iii + Ere.
The Term of an Office is not merely the duration of
~ butt also the onieers interest in the ONCE
The Idea OF an oiice clearly embraces the ideas OF
tenure, duration M FEE, fees 3E emSluments rights and
Sc. Johnsons Trial, $40. - -00'' -''
The act Then sSss 1S eItsnd a. the but provides
OF The term liked 6y the act OF 1890 until successor
This is nothing but case growing out OF the idea
q the third sec Ion mat some person shall execute
to the appointment or successor TO she Incumbent
which jusss Si n aSputSS s6e aatsSIiy Of @
oilpin as District Auorneyf
Vacancy happened not during the recess but during
Il is claimed that the President has power. during
recess Of The senate 70 III vacancy that occurred
sion Opinion sSl; Ibid o26; Ibid, 67s Ibld 523;
10 Ibid 1856.
This Is but an executive construction OF the powers
OF the Presidents. IL is forced construction, and
In which AttorneyI enerAl Bates say would have
10 Opinion, 856 -
ON the Courts. They cannot authoritstively fix the
cOnst tutonal power of The Presidents much less
they control the Legislature In the adoption OF diff
fere n rule ofconstTuction. q Johns Tr s2 Evarts
This has been done DY the act of 1867 The first
tiOn In effect provides that there shalt be vacancy
mt 9at successor or. to the incnm6ens Is duly quaied
vacancies TO such sh all during the recess by
death resignation. He cannot create q vacancy
by removaJ neither he I'LL the office Of one whose