Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1885-12-22
1Continated from Third Page. ]

quired OF them, relating 10 the
transfer and disbursement OF the
public moneys" (Scc. 3594)
Thus it will be seen every citizen
of Nevada is by the letter OF the
law. given the right, absolute and
unqualified, to have his bullion
cast into bars, to receive such bars
or the money for them at his OPP
ton, to exchange impaired bars for
fine bars, and to have his gold bull
lion coined into gold coins upon
payment Of the necessary charges
therefor. Now all these advan-
tages and legal rights expressly
guaranteed by the laws of Con-
gress, are denied, and the citizens
Of Nevada are inconvenience and
wronged, and their leading indus
try seriously crippled by the arbl-
trary, unnecessary and unlawful
action of the Secretary of the
Treasury.
Those charged with the duty
of administering the law have null
fed it; those clothed with the
power and appointed and directed
to operate public institution
have destroyed that institution for
the alleged reason that it will econ
omize the public expenditures.
The Mint at Carson City has
been closed and the miners Of the
region accessible to it, deprived Of
its advantages, because the mlntlng
Of coi1s can be done cheaper by
three minis than four.
The Constitution and laws of the
United States enjoin it upon the
President as solemn duty, to ap-
point officers to administer the
Government and execute the laws.
Among the officers expressly emu
umerated ,one Superintendent, Mel
ter and Refner, Conner and Assayer
of the Carson Mint.
THE officers of each Mint shall be
a superintendent. An Assayer,
Meter and Re6ner, and Conner:
all to be appointed by
the President by and with the ad-
vice and consent of the Senate. "
(Sec. 1896.
The duty to make these appoint
ments is not directory merely: 1t
is mandatory in the highect degree.
The words Of the Constitution
are Imperative:
The President : ahall
nominate, and by and with the ad-
vice and consent of the Senate,
shall appoint Ambassadors, other
public Ministers and Consuls, Jud-
ges Of the Supreme Court, and all
other officers of the United States
whose appointments are not herein
otherwise provided for, and which
shall be established by law" (Const'
Art. II, Sec)
1t is needless to support this
command Of the organic law with
citation of authority. 1t IS a
maxim of Government familiar to
all that words comforting a power
of a public nature must be obeyed,
and when private rights have rested
obedience can be enforced. Those
upon whom the duty to act is I'M
posed have no discretion to re-
fuse.
It is unnecessary to consider
whether the laws Of the country at
ford remedy for a refusal to exc
cute the appointing power or what
if any the remedy is. 1t will be
sufficient, we believe, to point out
to YOUR Excellency the duty to IN
insure its prompt and impartial
performance.
1t is impossible however to sup
nose that if the Chief Executive OF
this Great Nation should perversely
refuse to appoint or being appointed
should suspend heads OF depart
ments and other principal officers
and decline to nominate others IN
place, and the rights Of individuals
should be thereby impaired, that
the courts Of the country could al
ford no redress.
AN OPINION IN SUPPORT OF THIS
POSITION.
It cannot be deemed impairment
however to quote as illustrative OF
the point here made, the words of
that most profound and most illus
trious Of American Jurists, Chief
Justice Marshall, delivered In the
&c hforb,1rry VS. Madison :.