Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1885-12-22

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| rather to act in cases in which the
Executive possesses constitutional
or legal discretion. nothing can be
more perfectly clear than that their
acts are only politically examenable.
But where specific duty is assigned
by law, and individual rights depend
upon the performance of that duty, 1t
seems equally clear that the individ-
ual who considers himself injured has
| a right to resort to the laws of his
country for a redress" G. Cranch,
I62. 1853, 1861
Now we beg to remind your Ex-
eellency that in the matte, under con-
sideration the law creates the Carson
Mint, provides it with machinery, Off
GERS and operatives, and vests in ev-
cry citizen the right to have his bull
lion formed into coin" 'cast into
bars" or to exchange impaired bull
lion for fine bars" and that the sus-
pension of the officers of the Mint
| without cause, and without desig-
mating others to perform the duties Of
the suspended officers, and closing
| its doors against business, is as com
| plete denial of individual rights as
| could we'll be conceived.
In the performance of the duty to
nominate and appoint" the officers OF
the Carson Mint were duly selected
and confirmed, They severally quail
fled and entered upon the performance
of their duties. They have been sus-
| pended without cause and no appoint
| ments I'D interim have been made.
THE POWER TO SUSPEND NOT CUES
TONED.
We do not doubt the power of the
President to suspend a delinquent, in
efficient or unworthy officer. We do
| not doubt that the exercise of this
is purely discretionary, and wholly
exempt from Legislative or judicial
control. Nor would we desire to limit
or impose embarrassing restraints up
on a prerogative, wisely lodged by the
Constitution and theory of our Gov
| eminent with the Executive. Nor do
| we, for an instant, question the per-
| feet good faith and right-meaning OF
| the President in the acts which he has
done, and the part which he has taken
| in closing the Mint. But it is our
! firm belief that all such acts and
! parts, are done and performs, without
full knowledge of the facts, and in
unconscious violation of the law. 1t
| is our belief that the power to sus-
pend was given, not to defeat, but TO
| further the administration of the Gov
| ernnent, that it is to be exercised,
| not carriciously but for cause, not to
nullifv but to execute the policy of
Congress as manifested by the statute
avs.
THE POWER TO SUSPEND COUPLED
WITH THE DUTY TO APPOINT
SUBSTITUTES.
1t is especially our belief that IN
| der the Act commonly called the
"Tenure of Office Act" the power to
| suspend an officer whose title and
tenure depend upon the advice and
| consent of the Senate, can only be
| exercised concurrently with the desig-
| nation of .'some suitable person to
| perform the duties of the suspended
| officer"
1t is clear to our minds that the Act
of Congress, as we'll as the spirit OF
| our institution contemplates that no
interregnums shall exist in a principal
| Office, and that there shall at all times
| and under every circumstance be some
one clothed with the power, and
charged with the duty of performing
the functions Of every suspended Of
| f1cer.
No other Interpretation is consistent
with the theory of our Government
and the genius of free institutions.
No other construction will give
force and effect to all the provisions
to the scope and objects of the law.
An analysis of the provisions of the
"Tenure of Office Act makes it
clear that the power to suspend an
| officer appointed by and with the adj
| vice and consent of the Senate can
| only be exercised concurrenty with
the designation of some suitable per-
son to perform the duties of the sus-
| pended officer.
REMOVAL AND SUSPENSION CON
TRASTED.
The power to suspend widely dit
| fers from the power to remove, 1t is
expressly restricted to particular oc-
| casion, namely the ''reCess Of the Sen
ate" 1t is limited in point of time,
namely; "until the end of the session"