Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1886-02-27

demand, on pain of dismissal for refusing
aud Congress has for more than 100 years con
trOiled the records, by reason Of the intrinsic
nature or free government. the jurisdiction
OF the two houses Of Congress to legislste anu
the power TO advise or withhold advice con.
corning treaties and appointments necessarily
involves Jurisdiction TO officiallysknow every
step and action Of the officers OF the law,
and all facts touching their conduct In the
possession OF any department or even It's pos.
session by the President himself. There was
no need 20 express such power for Il was nee,
essartly an Inherent incident to the exercise OF
the power granted. 1t will be obse, we'd tina,
In this instance the call for papers covered a
period for more than six months, during which
the regular incumbent Of the office had beeu
dlscharging Its duties, and also q further per
iod OF more than six months during which the
person designated to discharge these duties on
the suspension OF the officer had been acting,
TO be appointed to the place.
Inc committee declare that the President
cannot, under the statute, make removals
Without the consent OF the Senate, and II that
advice and consent be not given the incum-
Dent would (unless his regular term Of office
SHOULD nave previously expired) at the close OF
This session OF the Senate be restored to the
lawful right to exercise its duties. The COD
duct and management OF the incumbent is es.
sentiai 10 be known to the Senate In order that
II can rightly advise his removal or rightly
leave him to resume the functions Of his Office
al the end OF It's session. Indeed IL may be
stated with entire accuracy that even In case
OF vacancy In office, and the proposed filling
OK such vacancy, 1t Is important for the
Senate 10 know the previous condition and
management OF the office, the state of its sf-
fairs, whether there has been cases OF mis-
conduct or abuse OF power, enlightenment Of
money, and, indeed, all the circumstance
bearing upon the administration, IN order that
II may judge OF the suitsbleness Of appointing
the particular person TO take up Its duties with
reference to the difficulties that may exist In
It's ahairs, the state Of accounts and everything
concerning its administration go as 10 meas
ure The fitness and competency OF the particu.
lar candidate to meet the emergencies of the
case.
A table is given showing the number OF
persons appointed 10 place OF officers sus
pended.
The committee then say that justice and fair
play require that the removed or suspended
officers nave the right to know the charges
made against them.
The committee then reported the following
resolutions signed by Messrs. Edmupds, In.
gals, Mcmillan, Hoar, Wilson, Evsrts.
Resolved, That the foregoing report OF the
committee on judiciary be agreed TO and
adopted.
Resolved, That the s, nate hereby expresses
Its cond, mnatiop Of the refusal OF the attorney
general, under whatever Influence, 10 send The
Senate copies OK papers called for by it's reso-
luton OF January /, and set forth IN the re-
porte OF the committed on judiciary. as a viola.
ton OF his Official dnties and aud sub7ersiye OF
the fundamental principles OF government and
good administration thereof.
Resolved, That Il 10 under these circum-
stances the duty OF the Senate 10 refuse It's ad
vice and consent 10 the proposed removal Of
Officers the documents aud papers in refer
aIea IN tha niHata1 or ncycnnut conduct ~
whom are withheld by the executive or any
head OF department when deemed necessary
by the Senate and called for In considering the
matter.
Resolved, That the provision OF section 1854
OF the revised statutes declaring that persons
~honorably discharged from the military
or naval service b reason OF disability
resulting from WOUNDS or other sickness
incurred In the line OF duty shall
be preferred for appointments TO civil
office, provided they sre found to possess the
business capacity necessary for the proper
discharge OF the duties OF the Office, ought 10
be faithfully and fully put into execution,
and that to remove or TO propose 10 remove
any such soldier whose faithfulness, compe-
tency end character are above reproach, and
to give place 10 another who has not rendered
such service, Is a violation Of the spirit OF the
law, and OK the practical gratitude the people
and government or the United States owe the
defenders OF constitutional liberty and ~inteRri-
~ OF the government. All Of which Is respect
fully submitted.
Mr.. Pugh, from the minority Of the com
mittee on Judiciary v. stated that the minority
knew nothing OF the contents Of the report
until 10 was read TO the committee. The
minority desire to prepare a report which
would be presented a week from Monday,
March LIST. The me jority report WAS ordered
10 be printed In the Congressional Record.
Mr.. Bowen offered a bill TO provide for a
basis for national bank circulation. The bill
was tabled for the present.
The bill to grant the right Of way to the st.
Louis and San Francisco Railway company for
railroad and telegraphs through the Choctaw
and Ch'cassw nations was passed.
Mr.. Van WICK moved 10 reconsider The vote
by which the above-naIned bill WAS passed.
The education bill WAS taken up. Mr.. Plumb
moved TO amend, that IS TO territories, the leg
i~slatures should have control OF the fund in
stead OF the secretary OF the interior. Agreed
to-.
[ Mr.. Coke addressed the Senate in opposition
to the bill.
The Senate then went into executive session
and soon after adjourned.
WASHINGTON, Feb. 19.-Mr. Morrill,, from
the committee on finance, reported fnvorably
the house bill TO enable national banks to in
crease their capital stock or change their
names.
Mr.. Henderson offered a resolution to In
struct the secretary Of war and the secretary
Of state to institute inquiry into the man
ner 10 which Captain Crawford, Of the United
States army, came to bis death. The report OF
Lieut.. Maus refects severely on the Mexican
troops.
Mr.. Butler OH scted to the consideration Of
the resolution.
Mr.. Etmunds thought the custom OF refer
ring such resolutions to the committee on for
eign relations should be followed, and with
Mr.. Nanderson's content 1t was so ordered.
The education bill was placed before the
Senate, and Mr.. Evarts SPOKE In favor Of II.
Mr.. Iogslls also advocated the me
Mr.. Wilson, OF Maryland, opposed the bill.
He thought the result would bs congressional
control OF the school system Of the states.
The debate on the BIZ then closed and the
Senate adjourned until Tuesday.
louise.
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