The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-04-04
The Tenure of once ronIc

WASHINGTON, April 3.-Tho statutea
relating the tenure of Office and the
power of removal have recently been
the subjects Of much careful
study, and not alone by those who
were inspired by the hope
VI gaming or retaining Of
nee Some differences of opinion
nave been developed, which are quite
aside from the question of party nolitics
me presidents power Of appointment,
"by and with the advice and consent OF
the senate" is derived from
the constitution, and is iralien.
ablei but that instrument con fers
/ no power of removal eXceDt by I'M.
| plication. In tenureofoilicu of March.
1867, tho law making power has given
an Interpretation Of the Implied power
OF removal, in so far as IL re-
lates to offices, to which ap.
pOihtments are made Tor fixed
terms and thorein expressly reserves
to the senate tho right Of refusing
advice and cOnsent' 10 removals.
The act provides that the
appointe6 hold such Office during the
term for which no was appointed, uu.
loss sooner relieved by aud with The adj
vice and consent of the senate,
or by tho appointment, with like
advice and consent, OF success
Sor The question arises, whether
In tho abBOuCe OF any similar
provision relating 70 an Office 10 which
no fixed term Is attached tho pref
dent has the power Of remOva, with
out the advice ana consens, An
of Mr.. Cleveland's appointments ~ this
class OF Offices whore they were nos va
cant or the iaoumbont had not resigned,
H.. 4 Vi
Had no sort in a noninati5D
"NiCo --, reGOvod,n tho right Of
the executive to make tho
removal without advice and consent
would at once have been raised. The
Same act In another section.
cOnlers ON the president tho power
to suspend, ln his discretion, during the
recess OF the senate, any civil Off
Ger OF the governments except hodges
OF the United States courts,
even ono filling an Office which has
hNed term, and TO designate
suitable person 10 perform
tho duties of the Office, but no power il
conferred 10 mako absolute re.
moval. The president Is M
CURED to make nominations
In place OF such as ara thus suspen led
70 tho next session OF tho senate, IL
Is q question whether, Ia case the
senate falls or refuses To confirm
such nominations tho original iucum- |
bent IL entitled TO return. ri
IL be admitted no is so !
euttied the question arises |
has the president the power TO gu anend |
mon mon again the next day or next
hour, as in another recess of !
the senate, and thus practically |
nulllty tue tenuTe'ofoilice act. |
This right OF the sonatn
To prevent removal from
oihcos which have fixed terms. |
10y ro.using Its consent tx nd, |
mltted. The question arises, il |
not the same right exteuied |
to an Offices, except those which the
president aud heads of departments ara
authorized to Till without reference TOP
Ia tue senate, It's said, that eminent
Republican senator's In executive ses.
sion recently, maintained, Ina cnnne,tion
With certain nominations made nv tho
president, that ia an Office which had no
hNed term 10 WAS the right
and duty oi the senate 70 consider, first.
the quail iicaious of the incum,
bent ana to decide whe.h.
or his removal was desirable
and only In case of a decision ia the AT.
hrmatiye to consider tho qualiGca.
ton6 OF tho appontee. Thus
" was urged, moreover
was In limo with the spirit OF civil ser.
vice reform, 10 which both par
ties had g'von adherence, aud
10 when tue masses wore attached.
The point was discussed rather
rs an abstract question than AS
q pending issue, but several of
tho nominations which were moi
acted upon went over because the SEN
ate was iudispOsed to continue A long
constitutional discussion, to which
they seemed likely to give rise.