New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-05-08
FITZ JOHN PORTER'S CASE.
THE HOUSE REFUSES TO CONCUR IN THE SENATE
AMENDMENT TO THE BILL FOR Ills RELIEF
SLOCUM IN BAD HUMOR.
IBY TELEGRAPH TO THE TRIBuSEi


sLOCUM IN BAD HUMoR.
lBY TELEGRAPH TO THE TRIBUNE
WASHINGTON, May $50 far as the hostile
Democratic factions in the House concerned it was
fortunate circumstance that the motion to 60 business
the Speakers table prevailed this morning. The frat
taken the to reDeai the "iron-cad" oath.
which the Senate had amended TO
remove its most Objectionable feature. OF course
10 Democrat could offer any opposition 10
that BILL and the Senate amendment approved with
out division. Thenext bill reached also In sup
port OF which the Democratic party is solid It bong the
bill TO restore Fz John Porter 10 the Army On this bill
there was spicy debate and the action of General So
and other Democratic supporters Of the
significant
when the bill originally discussed in the House
Porters friends repeatedly declared that he did dc
sire any back pay but simply vndicatiOn"
the hands OF Congress- and they made long arguments
prove that the bill reported by the House Commit
Military AhIirs would not enable Porter TO claim
and obtain back pay The Senate took different view
OF the matter and 50 amended the make
perfectly clear that Congress did not intend it carry
claim for back pay-thereby doing exactly what Porter
and his advocates in tho House had expressed
a desire should be done. But General SlOcum
to-day insisted that the House should
refuse to concur in the Senate amendment This amend
ment provides that the Act shall be construed as
authorizing pay, compensation allowance "prior
the passage of this Act" instead Of "pror TO appoint
ment under it,"
AN ABSURD P8ETEXT.
The bill with this solitary and simple amendment has
been IN print since MaIch H. the day after it passed
the Senate and yet the only General
-ocum could offer to-day for insisting that it should
be sent TO committee Of conference was
begun were in order that might have an opportunity
TO examine the seRate amendment. A Republican, who
is supporter Of the bill. moved that the
Senate amendment be concIrred in. so that
the bill could be sent Immediately the President. He
supported the motion in capital speech, but General
slOcum, backed by the solid Democratic vote, defeated It,
THE BILL UNCONSTITUTIONAL.
On various motions the debate was kept MP for two
hours and one objection which may prove fatal to the
bill was rased by Mr. Hiscock In forcble speech he
supported the proposition that the bill is unconstitu-
tonAl, because it attempts to invade the prcroga
tive of the Executive in the matter of appointments
Mr. Hiscock pointed out that Senate committee has
recently reported adversely bill which requires that
the P dent sha! appoint Governor OF Territory
person VINO has been for years prior to his ap-
pontment citizen Of the Territory. The Senate com
mttee took the ground that this was an attempt to limit
the President exercise OF his prerog
alive. Mr.. HiscOck said he would cite eminent Demo-
cratic authority in support OF his proposition that the
Porter bill is unconstitutional.
He read passage from message sent to Congress by
President Monroe IN 1922, when John c. Calhoun was
Secretary OF War, which the doctrine was laid down
that Congress has right" TO prescribe limits within
which the President shall cOnhne his selection of men TO
Ill military offices established by the act approved by the
President The passage read by Mr. iflscock seemed
to he perfectly applicable 10 the present case,
and il gave the Democrats little ANNOYANCE He also
quoted from tue Senator arpenser in suppOrt of his
position In reply the statement that bills like the
Porter bill have been passed by Congress and approved
the Executive, Mr.. HlscOck said that diff
ference even it be true and IN his Judgment the time
has come when Congress Should proceed with greater
care He moved that the bill referred to the Judiciary
Committee for report the objection had raised
The motion was rejected
sLOCUM INSULTS KEIFRR.
General Keer also spoke Of the constitutional ohec
tons TO the BILL and he bore down so hard on Porter
hat General slocum hot temper got the better OF him
and he made some personal illusions to General Keller
which were not only grossly offensive but which we're "a
remote as possible from the matter under discussion He
said in effect that Porter and hs cuds would regard
rs compliment to them the opposition OF the gentleman
rom Ohio" General Slocum expressed his surprise" |
hat General Keifer had not "as a recent OCCASION
ragged Charles s. Garfield and Elder In 10 bolster
I'D his case" General Keller expressed his |
egret that the exgences OF the Porter had driven Gen
raj sloeum conduct beneath the dignity OF mem
Der Of the House General Cutche0n, OF Michigan made
strong speech against the bill, and Mcssrs Ray OF
New York, and Laird, OF Nebraska spoke the other
side
DORsHEIMKR LACKS INFORMATION.
Mr. Dorshcimer also attempted 10 reply Hscock but
Ms reply was surprisingly weak and Ineffective lie did
rot 10 understand either the bill under discussion
IT the present of Porter, whom he described "a
shut out from prcferment by the Judgment OF a
Mr. porshAlaer I'D nGt seem W hAve