Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1885-04-10
Late Eastern News.
Some Interesting Questions in Regard
10 the Tenure Of the Office Act.


WASHINGTON, April 3.-Sta:istics
relating to tenure Of office, and to
powers of removal, have recently
been the subject of much careful
study, and not alone by those who
we're inspired by the hope of gaining
or retaining office. Wide differences
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 of the Sen
ate" is derived from the Constitu-
ton, and is unquestioned; but that
instrument confers no power of re-
moval except by implication. In
the tenure of office act of March
1867, the law-making power has
given an interpretion of the implied
power of removal in so far as it re.
lates to Office to which appointments
are made for fixed terms, and there
in expressly reserves to the Senate
the right of refusing advice and
consent to removal" The act en-
titles the appointee "to hold such
office during the term for which he
was appointed, unless sooner re-
moved by and with tie advice and
consent Of the Senate" or by
appointment, with like advice and
consent of the Senate"
A question arises whether, in the
absence OF any similar provision re-
lating to Offices to which no fixed
term is attached, the President has
the power Of removal without ad-
vice and consent. All cf Cleveland 8
appointments TO this class of offices
where they were not vacant or the
incumbent had not resigned, have
been "Vice - to be removed"
Had lie 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,
confers upon the President power to
suspend, in his discretion, during
recess of the Senate any civil officer
of the Government except Judges
of the United States Courts, even
one filling an office which has fixed
term and to designate a suitable
person to perform the duties of the
office, but no power is conferred to
make absolute removals. The Pres
ident is required to make nomin-
atoms in the place of such as ale
thus suspended, to the next session
of the Senate. 1t is q question
whether in case the Senate fails or
refuses to confirm such nominations,
the original incumbent is entitled
to return. If it be admitted that
he is so entitled, the question arises,
"has the Pre- sident power to suspend
him again the next day or the next
hour, as in another recess of the
Senate,' and thus practically nullify
the tenure of Office act p
If the right of the Senate to pre-
vent the removals from office which
have fixed terms. by refusing it's con.
sent, is admitted, the question arises:
does not the same right extend to all
offices except those which the Presi-
dent and heads of departments are
authorized to fill, without reference
to the Senate.
1t is said that eminent Republican
Senators in executive session, re.
Gently maintained, in connection
with certain nominations made by
the President to offices which had no
fixed rights, that it was the duty of
the Senate to consider first the quail
ifications of the incumbent, and de-
eide whether his removal was desir-
able, and only in case of decision
i'll the affirmative to consider the
qualifications of the appointed
This, it was urged, moreover, was in
line with the spirit of civil service
reform, to which both parties Lad
given adherence. and to which the
masses were attached. Several of
the nominations which were not
acted upon went over, because the
Senate was indisposed to continue
discussion to which they seem likely
to give rise.
VIII Not Resign.
CHICAGO, April 4.-Nliss Ada G.
Swift pension agent for this district,
received IL telegram to-day from Com
missioner Black, asking for her
resignation. The telegram stated
that Miss Swift had performed her
duties in thoroughly satisfactory
manner, and gave no reason why her
resignation was desired. She i'm
mediately telegraphed President
Cleveland the contents of Commits
sioner Blacks message, and stated
that as her duties had been satisfac-
torily performed, she saw no reason
why she should resign. Miss Swift
then addressed Commissioner Black
by letter, in which she embodied the
oOutiiACutS Suo CApiCSSCu W AcSi-
dent Cleveland, and added that she
might be removed from her Office but
that she would not resign.
Death OF Portland Gentleman.
New York, April 5.--H. D. Green,
of Portland, Oregon. one of the
wealthy men of that State, died at
Fifth Avenue hotel last night. Mr..
Green had been east for month on
a visit to his son who is in school at
Boston. He was seized with n con-
gestive chill on Saturday and had
two more chills yesterday, the last
one proving fatal. Green was about
&c years of age.
A Letter from the President.
New York, April 3.-Miss Bessie
Rhoda Schneider, eighteen years of
age, who is daughter of Rev. Moses
A. Schneider, of this city, lately sent
to President Cleveland beautifully
1vritfaD acrocfic .oe,n I'm fha courco