Savannah morning news. [volume] (Savannah) 1868-1887, 1885-04-04
CLEVELAND'S REMOVALS.
SOME NICE POINTS ON THE
TENURE OF OFFICE ACT.

Consent of the Senate Necessary to
ousting Incumbents from Places with
Fixed Terms-HOw the President Got
Around offices with no Fixed Terms
A Possible Way of NuIifloatiOn.
WASHINGTON, April 3.-The statutes
relating to the tenure of office and the
power of removal have recently been
subjects of much careful study, not alone
by those who we're inspired by the hope of
gaining or retaining office, and wide diff
ferences of opinion have been developed
which are quite aside from questions Of
party policy. The Presidents power of
appointment, "by and with the advice and
consent Ofthe Senate" is derived from the
constitution and is inalienable, but that
instrument cOnfers no power of re-
moval except by implication in. the
tenure of office act of 1867. The
law.making power has given an inter-
probation of the implied power Of re-
moval in so far as 1t relates to offices to
which appointments are made for fixed
TERMS, and therein expressly reserves to
the Senate the right of refusing 'Eadvioe
and consent" to removals. The act en-
titles the appOintee "to hold such office
during the term for which he was ap-
pointed, unless sooner removed by and
with the advice and consent of the Sem
ate, or by the appointment, with like adj
vice and consent, OF successor"
OFFICES WITHOUT FIXED TERMS.
The question arises whether, in the ab-
sence of any similar provision relating to
offices to which no fixed term is attached,
the President has the power of removal
without advice and consent. An OF
President Clevelands appointments to
this class of Offices, where they we're not
vacant or the incumbent had not resign
ed, have been vice Blank, to be removed.
Had he sent in the nomination, 'yice
Blank, removed" the constitutional right
OF the executive to make removal without
the advice and consent of the Senate
would at once have been raised. The
same act in another section, cOnfers upon
the President power to suspend, in his
discretion, during the recess of the Sen
ate, anv civil officer Of the government,
except Judges OF the United States Courts,
even one filling an office which has a
fixed term, and to designate a suitable
person 20 perform the duties Of the office,
but no power is conferred to make abso-
Lutte removal.
WAY TO NULLIFY THE ACT.
The President is required to make nomi-
nations in the place Of such as are thus
suspended to the next session of the Sem
ate. 1t is a.questiOn whether in case the
Senate fails or refuses to confirm such
nominations the original incumbent is eu-
titled to return. fit be admitted that he
is so entitled the question arises has the
President the power to suspend him again
the next day or the next hour, as i'm an
other recess of the Senate and thus prac-
tlcally nulliiy the tenure of Office act.
If the right of the Senate to prevent re-
mOvals from offices which have fixed
terms by refusing its consent is admitted
the question arises, Does not the same
right extend to all offices except those
which the President and heads of depart
ments are authorized to fill without refer
ence to the senate?
STAND OF THE SENATORS.
It is said that eminent Republican SEN
atOrs in executive session recently MAIN
tained, in connection with certain nomi-
nations made by the President to Offices
which had no fixed terms, that it was the
right and duty Of the Senate to consider
first the qualifications OF the incumbent
and decide whether his removal was de-
sirable, and only in case of a decision in
the affirmative to consider the qualifica-
tions of the appointee. This, it was
urged, moreover, was in line with
the spirit of civil service reform, to
which both parties had given adherence
and to which the masses were attached.
The point was discussed rather as an alb
stract question than a pending issue, but
several of the nominations which were
not acted upon went over because the
Senate was indispOsed TO continue the
long constitutional discussion to which
they seemed likely TO give rise.