The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-06-29
REMOVALS FROM OFFICE.

The law under which the Director Of the
Mint holds his office provides that
"He shall be appointed by the President,
by, and with the advice and assent of the
Senate, and shall hold his office for term of
five years, unless sooner removed by the
President upon reasons to be communicated
by him to the Senate"
This law has not been declared unconstitu-
tional, and is as binding upon the President of
the United States as any other law is upon the
huInblest citizen Of the land. If Mr.. Burch-
ard will not resign under charges-as no man
of any honor would-there can be, in the
plain Interpretation of the law, no other
means to GUST him than for the President to
remove him 'upon reasons to be communi-
Gated to the Senate" There is a question
whether this removal can be made in the
absence Of the Senate, for the law fairly inn
plies that tthe reasons communicated to the
Senate" must be at least simultaneous if not
antecedent, to the removal. However, the
President has removed" Mr.. Burchard, and
will, of course, communicate his reasons to
the Senate when that body meets The law
infers that these reasons shall be such as affect
the public interest, and shall be satisfactory
to the Senate. The same implication is just as
plain by the words 'by and with the advice
and consent of the Senate, which applies to
most presidential appointments. The power Of
the Presidents appointment is constitutional
ly and by law limited; the arbitrary exercise
of the appointing power by the President,
without respect to the Senate, and simply to
secure the removal of man of one political
faith to make way for man of another polit-
ical faith, is clear violation of constitution
and law, TO say nothing of violation Of the
spirit Of civi-service reform, about which
there is so much prating by the President and
his special friends and admirers We cannot
understand why the violation of law becomes
praiseworthy and virtuous when it is done by
the President. On the contrary, it seems to
us that the chief executive is particularly and
conspicuously under obligation to reverence
and respect not only the letter, but the spirit
Of every statute the validity of which has not
been passed upon by the Supreme Court.
Speaking of the removal of Mr.. Burchard,
and criticising his determination not to resign
as requested, under charges, the News says in
an editorial
Zone partisan in a prominent office can do
neither himself nor his party any service
against the whole force of the administration
he is unftly connected with
Mr.. Hendricks could not have enunciated
anything better than that upon which to JUS
tify clean sweep. "Unftly connected with"
forsooth! If that is not the heart and
soul Of the "to-the-victors- belong the-spoils"
gospel, then we do not know what it is. AL
officers are "unftly connected with an ad-
ministration, if of different politics, and the
question of prominence" is one of mere rela-
ton, and can be made adjustable to suit any
given case. If the Director of the Mint is so
prominent that differing politics makes him
Improper" then the postmaster of country
village is relatively too prominent and he
must "go," if his political faith be out of har-
mony with the administration. Mr.. Hen
bricks will welcome the News with spoils-
mans hand to this hospitable grave of the
farce of civilservice reform.