The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-07-02
A REMARKABLE BILL.
The Power of Removal To BE Vested in the
Judiciary

judiciary.
Washington Special.
Senator Edmunds introduced in the Senate to-
day bill entitled, "a bill to vest in the Presi-
dent of the United States the appointment of
sundry inferior officers thereof, to regulate their
tenure OF Office and to provide for their removal
when the public interests shall require it." The
bill leaves absolutely in the Presidents hands
the appointments Of ali postmasters, collectors of
customs in small districts, officials of the Indian.
land and other Offices beneath the commissioners
of tb ose Offices, and, in fact, all minor officers
The Tenure of these offices, it is provided, shall
be four years. Section provides the method
by which any one of these officers may be sus-
pended or removed. 1t provides when the
President or head of department
thinks an officer of that department has been
guilty OF malfeasance in Office, or personal or
official misconduct, he may temporarily suspend
him by an order of suspension in writing In
every such case of suspension, or in case the
President shall be of opinion that such officer
ought to be removed without suspension, appli-
cation shall be Immediately made to the circuit
justice, circuit judge or district Judge of the
district, or TO the justice of the Supreme Court
of the Territory or District of Columbia in
which the Office is stationed, for the removal of
such officer. stating the ground for the proposed
removal WhereEpon the justice or judge shall
cite the officer accused to appear and show cause
why uG SuOulu QOt Do removed, ana on the 0aV
set the judge shall hear in a summary way and
determine and decide whether the officer ought
to be removed from office or not, and shall order
and direct accordingly The evident object of
the bill is to relieve the Senate of large amount
OF burdensome work and to take the power of re-
moval from the partisan President and Senate,
and put it IN the hands of an impartial judicial
tribunal
In explanation of the bill, Mr. Edmunds said
that the influence of the executive over the SEN
of "a and fnVc m of fho 0f
vast patronage, was great that the President
practically now had the power of appointment
to ali those Offices which are not among the ex-
ceptions named in the bill, and it was only in ex-
treme instances of the discovery of bad conduct
and bad character. such that, if they had come
to the knowledge of an honest President him
sells, he would have refused to make the appoint
ment, that the Senate rejected a nomination.
Therefore Mr.. Edmunds thought it was an OBJ
ject OF public interest to diminish the extent and
power of presidential patronage, as connected
with its influence upon the two houses of Con-
gress, and particularly the Senate. II think.
therefore" said he, ION that branch of the sub
ject, that the Senate, in giving him the sole
is not giving up function that is now of any
substantial practical value" AS to the other
part of the bill, which fixes the tenure of these
Offices, Mr.. Edmunds said the same considera-
tons of administering the power of executive
patronage aud promoting the interests of civil
service in which an officer shall be the servant
of the law which fixed, regulated aud prescribed
his duty, and not the hsnchman OF the President
of the United States. holding his official life at
the pleasure of the President would be also
great public advantage. Under the present
tenure of Office" Dir. Edmunds continued, ssthe
President exercises the power of suspension
recognizing the Law to be CONSTITUTIONAL just as
freely as before he exercised the power of re-
moyal. and as that power of suspension is capa-
BILE OF ontinuous repetition after every adjourn
ment of the Senate, it furnishes no security
against the exercise OF executive influence and
patronage to control the political opin-
ions and conduct of this great
body of officers. Now. If this bill
should become law. each one Of all this body of
officers once appointed, would be like the Presi-.
dent himself and like all the officers in all the
State governments of the Union. an officer for
definite period of time, subject to DO mans
caprice, anu bound to obey no mans request or
direction further than that official request and
direction which the President or the head of
department might give in the performance of
official duties. / believe" continued Mr. Ed
munds, that if this law was now passed, and
Republican successor Of Mr. Cleveland should
find all Offices filed with Democrats. the whole
thing would adjust itself, because, during each
four years, all these Offices would have become
vacant, and have been refilled, and consequently
there need not be, on the incoming OF any adj
miuistration or the outgoing of one, any scram-
BILE or hurrying on to Washington by thousands
TO secure places. Vacancies would occur from
day 20 day from week to week, and month to
month, and would be filled in the regular way"