Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1885-04-09

WASHINGTON, April 3.-The statutes re-
lating to the tenure of Office and 20 the
powers of removal have recently been the
subject of much careful study, and not
alone by those who were inspired by the
hope of gaining or retaining office. Wide
differences in opinion have been developed,
which are quite aside from the questions
of party policy. The Presidents power OF
appointment. by and with the consent OF
the Senate" is derived from the constitu-
ton. and is alienable, but that instrument
coniers no power OF renewal except by inn
plication. In the tenure OF Office act of
March, 1867, the law-making power
has given an Interpretation OF the implied
power of removal, in 80 far as IL relates To
offices to which the appointments are
made for ixed terms, and expressly
reserves to the Senate the right of refusing
the advice and consent 10 The removal.
The act entitles the appointee Ito hold
such office during the term for which he
was appointed, unless sooner removed by
and with the consent of the Senate, or by
appointment with the like advice and con-
sequent of his successor" The question
arises whether, in the absence of any
similar provision relating to the Offices TO
which no fixed term is attached, the Presi-
dent has the power of removal without
the advice aud consent All OF Cleve-
lands appointments To this class OF Offices,
where they were not vacant or the incum-
bent had not resigned, have been, vice
to be removed Had I've sent in a nomina-
iion. vice -. removed, the constitu-
tional right of the Executive To make the
removal without the advice and consent Of
the Senate would have been raised The
same act in another section coniers upon
the President the 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 no fixed
term, and to designate a suitable person TO
perform the duties of the office, but no
power is conferred To make absolute re-
movals The President Is required to
make nominations in the place of such as
are thus suspended To the next session OF
the Senate Ii is a question whether, IN
case the Senate fails or refuses To confirm
such nominations, the original incumbent
is entitled to return. If it he 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 IN
another recess of the Senate, and thus
practically nullify the tenure Of office act
Ii 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 ill without
reference to the Senate? Ii is said
that eminent Republican Senators in
executive session recently maintained
in connection with certain nominations
made by the President to an office which
had no fixed term, that il was the duty
of the Senate to consider first the qualilica-
tlons OF the incumbent and decide whether
his removal was desirable, and only in
case of a decision in the affirmative 10 con-
slider the qualifications 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
Several of the nominations which were not
acted upon went over because the Senate
was indisposed to continue long consti-
tutional discussion, to which they seemed
likely to give rise.