The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-04-09
The Tenure Of ONCE Tonic.

relating the tenure of office and the
power Of removal have recently been
the subjects OF much careful
study, and not alone by those VINO
were inspired by the hope
of gaining or retaining of
fee. Some differences Of opinion
have been developed, which are quite
aside from the question ofparty politics
The presidents power o. appointing At,
"by and with tho advice and consent OF
ths senate" Is derived from
the constitution, and is inalien.
able; but that instrument coniers
no power OF removal except by I'M
piicatiCn. In tenure of Office act of March,
1867, the law making power has given
an Interpretation of the implied power
lates to offices, to which ap-
pointments are made for fixed
terms and therein expressly reserves
to the senate the right of refusing
Hadvice and consent" to removals.
Tho act provides that the
appointee hold such office during the
term for which he was appointed, un-
less sooner relieved by and with the ad.
vice and consent of the senate,
advice and consent, OF success
sor. The question arises, whether,
in tho absence of any similar
provision relating to an office to which
no fixed term is attached the preSi-
dent has the power of removal with
out the advice and consent. All
of Mr.. Cleveland's appointments to this
class of offices, where they were not va
cant or theincumbent had not resigned.
D.. laA NAN ~ Il
Had he sent in a nomination
"Vice -, removed" the right 81!
the executive to make the
removal without advice and consent
would at once have been raised. The
same act, in another section,
coniers on the president the power
to suspend, in his discretion, during the
recess of the senate, any civil oili-
Ger Of the government except Judges
of the United States courts,
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
conferred to make absolute re-
moyal, The president is re-
ouired to make nominations
in place of such as are thus suspended
to The next session OF the senate. II
is question whether, in case the
senate fails or refuses to confirm
such nominations the original incum-
it be admitted ne Is so
has the president the power to suspend
him again the next day or next
hour, as in another recess OF
the senate, and thus practically
nullify the tenure-of- act.
This right of the senate senate
to prevent removal from
offices which have fixed terms
mitted. The question arises, is
not the same right extended
to all offices, except those which the
president and heads of departments are
authorized to fill without reference to?
In the senate, 1t is said, that eminent
Republican senators in executive ses-
sion recently, maintained, in connection
with certain nominations made by the
president, that in an office which had no
fixed term it was the right
and duty of the senate to consider, first,
IL qualifications of the incum-
bent and to decide Wnotn-
ar his removal was desirable
and only in case of decision in the at
firmative to consider the qualifica'
tons of the appoinsee. Ihus
it was urged, moreover
was in line with the spirit of civil ser
vice reform, to which both par,
ties had given adherence, ana
to which the masses were attached
The point was discussed rather
as an abstract question than as
pending issue, but several o.
the nominations which were no
acted upon went over because the sen
ate was indisposed to continue Ions
constitutional discussion to which
they seemed likely TO give rise.