The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-24
Breeding TrOnble.

Not quito year ago, the Forty-ffth Con-
gross, in It's second session. passed an army
appropriation bill which provided, among
other things, for the appointment OF joint
committee to draw up a plan OF army reor-
ganization. Having defined the constitu-
ton and duties Of this committee the bill,
which duly became a law, proceeded thus:
THAT from and after passage Of this an promo
lions In the army. in each and every grade. corps
and department thereof shall cease and thereafter
promotions appointments shall be made 20 on any
vacancy which may occur or be created therein until
after such report shall made acted upon By
Eress P5oeiid That this limitation shall not apply to
the line OF the army below the rank OF captain"
The Joint committee, or BURNSIDE Com
mission. as 1t is commonly called, met and
made its report; but, as is well known. no
army reorganization bill was passed by
Congress.
Nevertheless, Mr.. HAYES sent 10 the
Senate batch Of nominations for army pro-
motion, above the rank Of captain, immc-
diately after the assembling of the Forty
sixth Congress, and followed II with several
others. The Senate, recognizing that the
object Of prohibiting promotions had been to
facilitate REIMBURSEMENT and reduction, de-
clined TO confirm these nominations, and re-
ierred the question OF their legality 10 its
Judiciary Committee. That body, aiterVery
mature consideration, decided that the
nominations made 10 the Senate for the pro-
motion OF certain officers Of thearmy cannot
legally be made"
In the report accompanying this decision,
the Judiciary Committee say that mo act
either in anlrmance or dlsalllrmauce Of the
mttce, "eycr received the concurrence Of
both Houses and, consequently, it is clear
that no action has ever been taken upon the
said report
IN answer TO the suggestion that tho pro-
hibition oi promotions was intended 10 ap-
ily only 70 the duration Of the Forty-lifth
Congress, the Judiciary Committee say that
'li5 was not tho language OF the law, and
there is 10 warrant for such a construction.
1.-THE Congress OF the United States is n con-
tinuing body. The members change, but
Congress remains"
Undoubtedly thereis ground for real diff
ference Of opinion and also for legal hair
splitting on this subject; but should the
Senate yield 10 HAYEs's view that promo
tons are now legal. this, say the Committee,
would only be their construction ~ the
law. And should the House OF Repre-
sentatives and the courts to which the
matter might be submitted, come 10 DIFF
ferent conclusion, then combinations ne
tually made would be Illegal and void. and
there would be no end Of the injustice that
would thus be committed" The Committee,
in fact, foresee, in that case, "endicss
trouble in readlusting the relative rank OF
officers who were promoted and those who
were thus illegally jumped" Nevertheless,
in the executive sessions Of the Senate this
week, these nominations have been dcspcr-
ately pressed and both the prudential adj
vice and the legal opinion Of the judiciary
Committee have been set aside.
The true course in this mattcr-bcst for
Congress, best for the country, and best for
the officers concerned would be TO intro
ducc a bill repeating the prohibition of last
year II Congress should refuse to pass
that BILL the fact would be developed that
it had intended last years prohibition 10 De
continuous untildetnitc action on the BURN
SIDE report (Which, by the way, has again
been introduced should be taken. If Con-
gress should pass the repeal bill, the nomi-
mated officers would come to their higher
rank and pay with less danger Of being dis
turbcd in them Why breed endless COM
plicatOns and troubles, through vitated
titles when there is n straightforward way
OF avoiding them at the start?