Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-07-03
THE FrTZ JOt.N PORTER BILL.

House by the President yesterday with a message
setting forth his reasons for not approving the
n'easure, as stated In THE SraR last evening Tie
message was read from the clerks desk, ana vote
II pass the bill over the veto was taken M once
Gen sclocnm calling for the previous question.
The bill was passed ovcf the veto, receiving more
than the necessary two-thiris vote n VS. then
seh, ~ the senate. Considerable feeling was MANI
Iestru ia the House durinsthe reading Of ise Tue-
S.St, lhe iilends OF Porter hisSing and the ONO
nents applaudlng.
ANALYSIS or TIE yorx
The vote In favor OF overriding the veto sion,
les 10 IS The following republicans voted VIA
the democrats Bayne, Bedford. BurleiSh. JeroraS
hean, Laird, Long. Lyman. Phelps Poland Ran
Eey, Kay ny. Ray NIL. Rockwell. smith ana
i9TS. No democrat voted against tie hia.
IS reccrded IN The regular report OF CONGRESSIONAL
proceedings in this paper.
THE MESSAGE
says that latter careful consideration ~ IN. mn
entitled an act for the relief OF Fitz-ohn Porter
herewith return It with my objections 20 the House
OF Congress IN which fl originated. It's enacrinc
clause is In the terms following: THAT the l,r.s.i
dent be and he is hereby authorized 10 nominate
ana 10y and With the advice and consent OF The
Senate 10 appoint Fitz-.iohn Porter late a ms,ot
general United states volunteer and hrrVer Ir1y,,
dler general ana colonel Ia the army, 10 the posi-
tnn ul colonel IN the army of the ned states ~
the same grade held 10y him AT the time OF his d.
mlssal from the army 10y sentence or court martial
nromu1sated January =, 1885, SC., a.. IL IN ap-
parent that should THIS hil become a law n VII
create new Office which can be nlled hy the an
tointment OF the particular Individual whom, n
specifies, ana cannot be rlled otherwise. or n may
be said, Win perhaps greater precision OF state
meni, that II viii create new orhce on condition
that the particular person designated shall Ia
chosen 10 III Il. such act a. Il seems 10 me "a
either unnecessary ana Ineffective or II iuvolVes
an encroaChment 10y the legislative branch OF me
government on the authority OF the eN ..,utlve AZ
congress has no power under the constitution 10
nominate ana appoint an officer, and cannot law
fully impose on The President the duty uf nomina-
Ting and appointing 10 oflice any particular tuui-
vidual or Its OWL selection, this bin. n Il can
fairly be construed a. requiring the President 10
make the nomination. ana by and with the advice
ana consent or the senate, the appointment which
IL authorizes Is IN manifest violation OF the coustl-
tuition. liz such be not Its lust INTERPRETATION IL
mist no regarded as mere enactment OF advice
and counsel. which lacks IN the very nature ~
things the Iurce OF positive law ana can serve no
useful purpose on the statute books
The President adds that there are other causes
when deter hln from approving the blll He thinks
Tue investigation ot the court martial which con-
vlcted Porter WAS thorough and cons, ieutious ana
It's Judgment Was tnal and conclusive and refers 10
the recent decision OF the supreme Court OF Tho
Lifted states Sustaining the ConcusiSeness of the
judgments OF courts-mITtial properly constituted
IL follows from this that neither the President MT
Congress has any power To set such Judgements
aside, Which the President thinks IL the practical
elect OF The Porter bill Referring 10 tie rc,om-
htnd3ilon or the board OF three army Officers
recommending the amendment OF the Judgment II
the Court-marIiai. the President SANS that the
invest satiohs oi thls board were made many years
atei Tie event 10 which the findings of the court
martial related, and under circumstances that
made IL Impossible 10 reproduce the evidence on
which they were based The bill. ne THINKS would
establish dangerous precedent, calculated 10
weaken the force OF the judgments OF properly con.
sttuted tribunals.
TIE ATTORNEY GENERALS OPINION oF THE USCoNsrI.
TUroNLTTS OF the Bill
The legal points IN the argument are based upon
n comprehensive opinion furnished by the Attorney
General. He contends that the bill is unconstitu
tonal and an attempt by the legislative branch of
The government 10 uSurp the authority Of the eX-
lp a-ftn
Two Divorces Granted.
To-day. in the Equity Court, Judge Mac Arthur
made a decree OF divorce In the case Of Margaret T.
Ogden against Morgan l. Ogden. They were mar
ried N indianapolis Aprll ~. 1906. he being then
an oincer OF the army. She charges that he he
came an habitual drunhaTd. and was court-Inar-
tailed ana dismissed from the service December 81.
ls's, and that lie willfully deserted ard abandoned
her. and Il now living al Newark. Y. j.
Judge Macarthur made a similar decree In the
case OF Cora Is. Busman agt. Joseph T. Riishman
They were married July 1,Jh. Is7s, and they lived
together I'LL January lssi. She charges him with
intemperance ana adultery ana failure 10 sIlpport
her. She was given the right 10 Resume her maiden
name OF LutZ
THE Cry PosT OFFICE AND TIE ForRrH.-Ths
several divisions OF the City Post ONCE and branch
stations Will be kept open Tor the transaction a
business for the public tomorrow until noon. A
delivery by carriers Will he made az a. m. with
the usual collections for that hour The collections
for the afternoon Will be- the same as usually made
on sundays The carriers window will be omen
from TO p. H. The general delivery window viii
not be closed.
DIED WHILE SHAKING CARrEr--While shaking
a carpet at the corner OF 22d street and Virginia
avenue about noon to-day, James Green, colored
was attacked With hemorrhage and dropped dead.
He was removed to his home, g23 10Th street north
west.
MARRIAGE LICENsEs.-MaTiage licenses have
been issued by the clerk OF the court 10 +. Adolf
Mattern and Johanna Oppermann; James Dickson
and sarah Carter: Isaac Johnson. OF WesfInoreland
county, Va. and JANE Warren OF II. Mary's county,
Md; Edward Turner and Matte Carpenter: John
W. Stone and Annie J. TrIIslow, beth OF stafford
county, Va; W. +. Henry and NJ. Alice Crawford.
$4,000 REDUCTIoS.-The Indian appropriation
bill as t passed the Senate required contractors ID
supply beef 10 Indian agencies at monthly inter-
walls When the bids for supplying beef were opened
In New ork a few weeks 20 IL WAS found that he
cost would be 100000 more than last year. The
Senate was notified that the monthly delivery II
beet was lmpracticable, as northern agencies were
often inaccessible for months duriRg the winter.
The Senate withdrew the amendment. a re-adyer-
usement was had and the new bids were opened
yesterday. The result * that the total cost II tho
beef supply Will be $4,000 less than tie cost of the
beef last year.
The Courts.