Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-08-13
WASHINGTON.

The names az paities who have beeh APP
I pointed ore-ke.pers under the ne" ieve'
/ nue. law. are WIN. q. Walker ior tne KIN
! Ird,ane pistric, and VIM. McCuschen. for
he Fi,., Nisss sud District. The appoint
mont Of nil subordinate officers under the
nc, spprovej July 90. has been transferred
| from he Internal Revenue once directly
a. tire secretary Of the Treasury.
1sbe correspondence between Secretary
vcCulloch ard Attorney General Evarts,
relative to Internal K venue Commissioner
ship, is Published. Secretary Nc iloch
propounds the following questions to the
Attorney Geueral
First. Is the Office OF Commissioner OF In.
ternal Revenue vacate1s
Second. II the Office Is vacant when did
the vacancy occurs and can a successor 10
Mr.. Rollins be appointed during the recess
Of the Senate.
The Attorney 6 General in reply gives Mr..
Commissioner Rollins letter Of resignation
under date Of June Sth, and the President'c
endorsement made upon it.
After remarkipg that the recent leesla
ton oil Congress, known as the tenure of
office bill, gives To the subject It's practical
importance, Mr.. Evarts proceeds to carefully
discuss that law in its various bearings. The
purpose, he says, OF the Tenure OF Civil
practice Of the Government by which re-
movals from cfice at the mere discretion
| OF the President had been established The
| language OF the section securing the right
and title TO the ofiiceholdcr Is too rlosr to
admit Of doubt thst any person holding any
| civil Office to which he has been appointed
BY and with the advice and consent OF the
Senate, ard every person who shall here
after be appointed 10 any such Office, and
shall become duly qualified to act therein
is and shall be entitled to hold such Office
until n successor shall have been appointed
and qualified, except az herein othcrw iss
provided. Mr.. Rollins then, at thu
date OF his letter 10 the President, was en-
titled to hold the Office Of Commissioner o
Internal Revenue, until successor shoul.
have been appointed by and with the al
vice and consent Of the Senate, and Shout,
have qualified. II rested then under the op
Grafton of this law solely with Mr.. Rollins t.
determine. whether he would relatively pu
an end to HE hold upon the office, by a re
linQuishment or resignation Of il Aud tn
question whether the Office IS now vacan,
must, in my opinion, turn entirely upol
Just construction Of the effect Of the LEI
ter of Mr. RollIns. cannot hesitate TO p-u
nounce the communication entirely withon
lega assertion upon Mr.. Rollins tenure II
office. am obliged TO regar it as
present tender Of a resignation in acius
REIMBURSEMENT of the Office, onl
upon and after the event which
named and described by the writer
az . condition precedent 10 its having tina
! effect This event, in the language OF Nj
Rollins addressed to the President. is til
qualification Of my successor nominated b
yourself and confirmed by the Senate
cannot, therefore, give TO this letter an
T. official or legal force whatever. In placin
: ut the discretion or disposition Of the Pres
dent any power over the Oficc OF Commi
sioner Of Internal Revenue which lie III
not possess without 1t. l must consi Ter tbs
the office of Commissioner OF Internal Re-
cnue and MIR. Rollins hold upon II renal
> the same as if his letter had not been wri
ten or the Presidents endorsement mac
I thereon, and the cfice is not vacant. Tn
: conclusion rend,rs il unnecessary to reply
J. your second question.
: The President To day received the men
!, bers of the International Tailors' Unto
Convention in the East Room of the VIII
House. About fifty delegates were presen
=, The President was introduced TO the mer
heis BY the Hon Ihos. q. Florence, al
after shaking hands with them, Delivers, :
3 address, thankrg them for their visit, al
n referring NJ length 10 the question OF labc
. sald u .1arts should be made to eleva
It H. The President INDUCED in no rcmar
Of a political character. The lntervie
It Taste. alb ii, tir,e-quariers of IN hour.