New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-31
MIR. BLAKE's SUSPENSION.
TRANSFERRING OFFICE UNDER PROTEST.
HIS SUCCESSOR CANNOT LEGALLY QUALIFY UNTIL
CoNFIRMEp EY TnE SENATE.

His SUCCESSOR CANNOT LEGALLY QCALlii 'NA'N
coNFIRMrp ~ THE SENATE.
WASHINGTON, Dec 30 (Spe6j7tj~ line leu
Ter from Internal Revenue Collector Blake 10 Oo'hNi0
sioner Miller which is given below furnishes It's own III
terpretat,on Mr. Blake sustained in his position oy
some of the best legal authorities. II 10 Is Hsn' |
president is mt into an awkward position 10 STATE o
matter In the mildest way. The question Is even SoU
whether a Federal criminal statute mas nos ~
violated. The In word Is thls' MI bi"A0 "
eiv.d notice on December few days before congress
convened, that lie suspended the suspension u an
efIeet when his successor qualified. His successor uu
not qualify or receive his commission uhth D''e'O0'
IS when Congress in session. consequently Va"
suspenslon actually took effect while the senate WAS
sitting Ana even since that time Mr. Blake has been
officially recognized as the Collector ana Nc
was directed to transfer his oihce TO MS
successor tomorrow. The language OF Section I''o9
nj the United States Revised Statutes Is that uulhE
my recess of the President Is authorized III
his discretion 10 suspend any civil Officer ETC. "''
Blake contends that not suspended during any
recess OF the Senate, because when he was aetu"llS
.usnended-that is when his suspension took ehect-the
Benate was sitting Section 172 of the Revised statues
proyldss that every removal or appointment coh'"iS
To Section .7GS land the making, slGnihg' Sealing,
rounersgnipg issuing of any commission OF e''eI
authority for or respect TO any such appointment VI
amplovment shall be deemed high misdemeanor ana
avery person guilty thereof shall be imprisoned no.
more than five years ued not more than $looOo'S
poth." =.
Friends OF Mr. Blake state that he is not anxious to
retain the office under Democratic Adr nlstratoh
I'm, no feels that he would be violating his oncia oD
cations II he should deliver without protest the VauaDo
nroperties in his hands to person who nc cosueS mas
no legal title to office He Will make 10 Iofcioie to
distance but will content himself with such protest. IL
Is said that the Solicitor General and Commissioner
Miller are not clear as to the right Vi
Mfr Sullivan to Office under the
circumstances and that the President has been
hisposed TO agree with them that Mr. Blakes suggestion
was the proper namely, to wait until inc oeha'e
should confirm his successors but other eonnseis nave
nreyaied and the office will he assumed by Mr. Sullivan
Tomorrow When the Senate comes 10 consider the
is mere than possible that may see no good
grounds to approve such doubtful proceedings.
MI Blakes letter is as follows:
UNITED STATES INTERNAL REVENUE ,
COLLECTORS OFFICE, % DIsTRIor'
NEw-l ORK December %, 1882
SIR received the Attn instant, your letter noios
ING an order OF President, dated the "a instant su
pending under the proVs0 OF sec. l,aoo N ~
from the Office OF Collector Of Internal Revenue for the
pec0pd District NevYork and in which you state tha
the order OF Suspension is TO take effect upon the
letter of the 18TH instant stating that my Office VIII ne
transferred 10 my successor nhder te AMI
Revenue Agent sewell on te afternoon oi we 3Ist
nj tine close Of business desire " respectfully can
Session on the 7Gh instant chat my designated
successor did not as understand, complete MS oCa,
Seaeh and receive the approval of the SOcl
tor OF the Treasury until The 9th instant ana hat e
latter date Consequently as the condition named ~
your letter when tue suspension wOud tahe cAeC'
was not complied with until the LON ihSl St;
md the Senate then IN session, the eu!ct
of suspension rs | am advised is imperative. - w.,
side from above, am SL!u Collector OF t.e A"
Instruct OF NcwYork recognized rs such IN te u@S re-
ceirt of oftcla letters from your Office, IN the transmit
fal 10 me of large amounts Of Government stamps u
syen in the notice Of The proposed transfer OF inc once
70 my successor at the close OF the month anu lHc
limited states Senate In session. am ADVISED ny cou
se that suspension from Office which does hOt DeeOho
lucrative until the Senate meets contrary 70 .c
spirit OF the statute, when aiOhs suVh 'U'
pensiop only and because Tho senate Is hol IA se
sion and permis removal only WITH the coLcuileCt"I
thar body that therefore, voluntary surrender Oh 'e
Goyernment property in my hands 10 person nor con.
6rmed by the senate might result IN complications IN
SoIving the surcties my bond. White am h1t
anxi,s 10 retain the office and il sympathy win
The sentiment that the friends of the dominant party are
untitled To hold Government Offices, yet ior the pu
pose OF guarding the interest OF these VINO are u4 my
official bond, III against transfer OI ny ounce 10
or during the session OF the senate CueSS us
advice and consent shall be first given ana notiy VOC
that such transfer shall be made II WILL be without In!
consent $780,. =, ,..,.,, ,e.o~ r,,. s,c-
shall have been confirmed, the matter VIII DO le
Eeyed OF all elnbarras snlent. Very respectluty,,
49, MARSHALL B. BLAKE, Collector
pom JOsEPH s. MILLER, CommlSsloAet VI iNUe1A"
- Revenue, Washington ID. Z.