Morning journal and courier., 1880-07-07
News by Telegraph FROM ALL QUARTERS. TENURE OF OFFICE. An Opinion from Attorney Gener-
 al Devens. THE PRESIDENTS ACTION SUSTAINED His Power to Appoint Dur
 ing Recess. DISASTROUS EXPLOSION IN LONDON, WhoIa Rlnakc af Rocidanoae Pap
DISASTROUS EXPLOSION IN LONDON.
Whole Blocks of Residences Ren-
 dered Uninhabitable.
THE NATIONAL CAPITAL.

The Tenure of Office Act-Pofnts Made by
 Attorney General Devens.
 WASHINGTON, July 6.-The Secretary of the Treasury is in receipt of the full text of the opinion of the Attorney General in regard to the appointment of ex-Governor John F. Hartranft to the collectorship of the port of Philadelphia Pa. AS there are quite mum Der of presidential appointments which are affected by the same conditions that apper- tain to that of General Hartranft, this de- oision becomes of peculiar interest to many whose cases are entirely analogous. The opinion is also considered to be of national importance.
 After reciting the facts connected with the appointment and reappointment of General Hartranft the Attorney General goes on to say that the question presented by the Secre- tary of the Treasury properly divides itself into two inquiries, namely What is the con- stitutional authority of the President to act upon vacancies in office existing during a re- cess of the Senate, and what effect is to be given to the legislation familiarly known as the tenure of office act, embodied in section 1, ,769 of the Revised Statutes. He cites the rights of the President under the Constit tion in the folloe6ing words: The President shall have power To fill all vacancies that may happen during recess of the Senate by grant, ing commissions which shall expire at the next session. He shows that the uni form construction of the above clause has been that the words q may happen D have been equivalent to s'may happen during the recess" and that the President is there fore entitled to fill not only vacancies which have occurred subsequently, to adjournment of the Senate, but also such vacancies as ex- isted during it's session and which it failed or refused to act upon. He states that after careful examination he is satisfied that the practice of Presidents in this regard has been uniform, and whenever brought into controversy 1t has been sustained by the advice of the respective attorney gen erals. He cites cases to sustain the action of the President. General Devens states case in which an officer in distant part of the country dies during session of the Senate, and his death is not known till after adjourn ment, and asks must such office remain va cant until the Senate can be reconvened. He claims it is admitted that the President may appoint in all such cases. The opinions of Attorney Generals Mason, Cushing, Bates, Stanberry and Evarts are quoted to sustain the position assumed by MT. Devens.
 The commission of ex-Governor Hartranft has been signed by the President and for warded to the Treasury department, where it fcial bond as collector of the port of Phila- delphia. The postmastership of Philadelphia was not acted upon for the reason that it is not fully settled whether or not General Hartranft will accept the collector ship owing to the fact that section 176I of the Revised Statutes prohibits the payment of salary as collector until after confirmation by the Senate. This state of affairs has been made known to General Hartranft, and if he decides to retain the postmastership a collector will be appointed ; or if he con cludes to take the collectorship and trust to being confirmed by the Senate and then drawing his pay, 8 postmaster will be at once appointed.