The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-04-04
Tenure of once.

| WARRINGTON, April 3.-The statutes
relating to the tenure of Office and to
the powers of removal, have recently
been the subject of much careful study,
and not alone by those who were in
Fspired by the hope of gaining or re ain
ing Office. Wide differences of opinion
have been developed, which are
quite aside from questions of
of appointment "by and with the
advice and consent of the Senate
Is derived from the Constitution
and is alienable. but that instrument
confers no power of removal except by
implication. In the tenure of Office act
of March, 1867, the law-making power
was given an Interpretation of the i'm
| piled power of removal, in so far as it
relates to the officers to which appoint
ments are made for fixed terms. and
therein expressly reserves to the SEN
ate the right of refusing "advice and
consent to rem Yll.' The act entities
the appoin'ee 10 hold such Office dur
ing the term for which he was APP
pointed, unless sooner removed by and
with the advice and consent.of the Senate
or by the appointment with the like
advice and consent of his successor
The question arose. whether in the
absence of any similar provision re-
iating to the offices to which no fixed
term is attached, the President
has the power of removal without
the advice and consent; all
OF Cleveland's appointments to
of this class of officers where they were
not vacant or the incumbent had not
resigned have been "vice to be re-
moved" Had he sent in nomination
vice removed" the constitutional right
OF the Executive to make the removal
without the advice and consent of the
Senate would at once have been raised.
The same act in another section con-
fers upon the President power to
suspend, in his. discretion, during
recess of the Senate, any civil
officer of the government. except
judges of United States courts, or even
one filling an Office which has fixed
term, and to designate suitable person
to perform the duties of the
Office. but no power is con-
ferred to make absolute removals.
The President is required to make
nominations in the place of such as are
thus suspended to the next session of
Senate. 1t is question whether, in
case the Senate fails or refuses to con-
III Ia . oSn nOilllAdllOuos tuC OItSildl III
cumbent is entitled 20 return; if it be
admitted that he is so entitled the ques-
ton ARISES, has the President power to
suspend him again the next day or the
next hour as in another recess of the
Senate AMI thus practically nullify the
tenure of Office act If the right of the
Senate to prevent removals
from office which have fixed
terms by refusing its consent
is admitted, the question. arises does not
the same right extend 3 all offices, ex-
cept those which the President and
heads of departments are authorized to
fill without reference to the SEN
ate? 1t is said that eminent
Republican Senators in execu-
tive session recently maintained in
connection with certain nominations
made by the President for office which
had no fixed rights, thatit was the duty
of the Senate to consider first the quail
tications of the incumbent, and decide
whether his removal was desirable; and
only in case of decision
in the affirmative to consider the quail
fcations of the appointee. This, it was
urged, moreover, was in line
with the spirit of civil ser
vice reform, to which both
parties had given adherence, and to
which the masses were attached. Several
of the nominations, which were not
been acted upon went over because the
Senate was indisposed to continue a
long Constitutional discussion to which
they seemed likely to give rise.