San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1886-02-22
REMOVALS.
The Democratic Presidential Pre-
rogative,
The Law" Writer Of the Express Fore.
stalls the Report of the Democratic
Minority in the Senate.

1t seems that the San Antonio Express
has a law writer who furnishes that
| paper with the law upon all questions
at issue in our City Council or in the
halls of Congress this law writer signs
himself sd. B." After reading sd. B."
upon the "Presidential PrerogstiYe."
We are convinced that it is II great mis-
fortune to the Democracy that he does
not stand in CokeS or Maxey's shoes,
and fortunate for the Republicans that
this constitutional Ajax..has not the OPP
pOrtunity to wipe the floor of the Senate
with such pigmes as Sherman, Edmunds
and EyartE.
There may be sSme Of the readers Of
the LIGHT who are interested In this
question, particularly since the great d.
B. has come to the relief of the Demo
cratic party. Had the Express waited
few days longer they could publish the
law from a Pan Electric standpoint, the
very highest source from which Demo-
cratic legal opinion can flow.
I'D. B." proceeds to show what the
constitution means, but fails to quote
| the statute under which the PRESIDENT
authorized to act, and sets up the
claim, already set up by Presi
| dent Cleveland that it ID the
| to make removals. A few quotations
| from ID. b. are sufficient to show his pc
| culiar style of reasoning, he says: 1.-The
constitution is silent upon the right Of
removal from office by the President
and then in the next breath he adds that
mo sane person will question the posi-
tiOn that the power OF the Chief EXecu-
tive TO remove is incident to the office"
Further on he maintains that the Sem
ate's sole power consists in defeating
improper nominations by the President"
These quotations are enough to satisfy
any one not q constitutional idiot that
ID. b. has mistaken his calling. The
| constitution is silent so far as giving the
| President the right TO remove any officer
| appointed "by and with the consent and
advice of the Senate" and SO is the
statute under which the President acts.
| Now let the patient reader careful read
| this section of the act quoted, and 1t
will be made plain that for the first time
| 1t is claimed to be a presidential pre-
rOgatiye to remove an officer appointed
''by and with the advice and consent of
the Senate"
Section l76S. During any recess of
| the Senate, the President is authorized
in his discretion to suspend any civil Of
tlCer appointed by and with the advice
of the Senate, except Judges of the
Courts of the United States, until the
end of the next session of the Senate,
and to designate some suitable person,
| subject TO be removed, in his discretion,
| by the designation of another, TO per-
form the duties of such suspended officer
in the meantime; and the person SO
designated shall take the oath and give
the bond required by law to be taken
and given by the suspended officer, and
| shall during the time he performs the
duties of such officer, be entitled to the
salary and en- olum ents OF tho office, no
part Of which shall belong to the officer
suspended. The President shall within
80 days after the commencement of each
session Of the Senate, except for any Of
| flee which in his opinion ought not to
| be filled, nominate persons to fill all va
Canoes in office which existed at the
meeting OF the Senate, whether tenn
| pOrarily filed or not, and also in place
| of all officers suspended; and If the Sem
| ate during such session shall refuse to
advise and consent to an appointment in
the place Of any suspended officer, then
and not otherwise, the President shall
nominate another person as soon as prac-
tlcable to the same session Of the Senate
for the Office
| Now, II it had been intended 10 give
the power Of removal to the President,
the word remove" would appear in
place Of suspend" The two words are
entirely different and distinct in their
meanings. and easily understood by any
one OF ordinary sense. If it had been in
tended to contine the Senate to the ex-
animation of the character OF the per. on
nominated, and not the causes for the
suspension, why the statute would say
so in plain terms; in fact, all the power
and authority of the President as to re-
mOvsls or suspensions is derived from
the statute, 1.-The constitution is silent"
on the subject. The only power of
removal given the President is con-
tanned in the provision authorizing him
to remove the person appointed by him
self in place OF the suspended office, to-
wit: land to designate some suitable
| person subject to be removed, in his dis
erection, by the designation of another,
| to perform the duties Of such suspended
Offices" that Is, he has right to change
his mind before the Senate acts upon the
matter. And in this, his "prerogative"
to remove alone exists. Had the act of
suspension by the President been intend
ed to operate as removal, then it would
have been unnecessary to provide against
the suspended officer claiming the salary
during the tendency OF the case.
In case Of the refusal of the
Senate to confirm an appoint
ment, the President is allowed one
more chance TO redeem himself by send
ing in one more nomination, but this
would not help the President in the
present dilemma.
In all these discussions the tenure of
office section of the statute comes to be
lost sight Of by the law expOunders,
which reads:
"SectiOn 1867 Every person holding
any civil Office to which he has been or
hereafter may be appointed by and with
the consent Of the Senate, and who shall
have become duly qualified to act
therein, shall be entitled to hold such
office during the term for which he was
appointed, unless sooner removed by
and with the advice and consent of the
Senate, or BY the appointment with the
like advice and consent, OF successor
In his place, except as herein otherwise
provided"
1t Is plain that this is the law under
which this whole matter must be con-
sidered. The officer Is entitled to hold
his Office for the term for which he was
appointed, unless sooner removed by
and with the advice and consent of the
Senate, or by the appointment, with the
like advice and consent, of successor
in his place. In this section the Senate
I