The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-08-12
FROM THE CAPITAL.
The Text of the Attorney
Generals Opinion. & ga
LATER FROM EUROPE.
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FROM WASHINGTON.
Yhs Full Text OF the Attorney -oensrars
a. OptAion.
Rpecsos Despatch 10 TIE EUsrsn0 Telegraph

Rpccsos Despatch 10 The Evenae0 Telegraph
..r...--r. .... 6 WARRINGTON, Aug. IL.
The following is the opinion of Attorney.
General Evarts on the resignation OF Commis
sioner Rollins, and on the power OF the Presi-
dent 10 I'LL vacancies occurring during the
of the Senate;-
ATTORNEY GENERALS OFFICE. Aug. l0-Hou
Hugh McCullocD, Secretary of the treasury
sir-I have given TO the subject submitted to
my consideration by your leUler on the 7tu. re-
laiipR to the present position OF the o1ice Of
Internal Revenue the most careful alteotioa.
The case presents Itself as follows: Mr.E A. Rot
Inns, holding the civil position of Commissioner
of internal Revenue, TO which he had oeeu
appointed by the President of the Quilted
states, by and with the advice and consent OF
the senate, addressed to tue President undsr
date OF June 8, 1853, the following letter.
hEvENUE -W~sHIss, ON. June S-sir:-tn pursu
months hereby tender you the =, 5asigastioo my
cessor minated by yourssif spa csndeme ed by tns
Senate. am, sir, very respectfully, po,,rSs
Commissioners Of Io.ernsi Rsvenuo.
ib sa1 Istiar Ss 81 ,hs toIiowing ena"5semeaI
"The resignation OF Hon, Il. A Rollins, as Com
N miss lssioner OF Internal Revenue dated June 8.
you desire my answer to two questions,
FIRST. Is the Office OF Commissioner OF Inter.
Second. II the office is vacant, when did the
vacancy occur, and can a successor to Mr.. Rollins
be appointed during the recess of the senate
The Office OF Commissioner OF 1nternal Reve-
responsibie one lis intelligent, ttficlsnt, aud
faithful administration Is a matter Of the great
est interest TO the puoiic revenues and the puo-
lie credit, and IL is justly subject OF solicitude
with the President Lnat his full duty under the
Constitution and the ws In respect 70 this office
and its administration hail be fulfilled.
The questions which you address to me came
to be of practical and subsanLta interest in
the Executive administration of the Govern
ment only by force of the recent legislation by
Congress known as the Tenure of Civil ONCE
bill. that has impressed upon as cl ass of
nn4er Sonsidenrs'ion noaors o69re az WHINE ine
cannot be terminated except by the concur
renee of the President and the Senate In the ap-
pointment Of a successor. and his actual Intnc-
tion into the Office. 80 long as the President,
by force of the Constitution and the laws, had
the power TO term mate the ofiice.holders posses.
officer, the tenure OF the latter's desired
afee would bave no spesial sgnaca1ce f"r
they could impose no restraint upon this time
% ihs IN & Ths Of
effect. therefore, OF the legislation referred 20
is the first point for consideration. Toe pur-
| pose OF the tenure of civil office act was to
| change the doctrine and practice of the Gov.
hSh sbs g% G at
asa
under the Oonstii ution to maintain the eth
cheney and fidelity of the public service in full
of the administration and In the execution OF
the laws, the purpose OF which might have
been limited to requirement of the concurrence
| OF the Senate with the Executive In effect
Ing removal from office. and left
Independent act open to the exigencies OF the
public service has been carried by the la to
oficer's bold upon his ofiice by the uniIei will
OF the Executive and OF the Senate except by
the sole end specific mode OF the appointment,
Another Person Drowned at Atlantic
L N.s..