The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1886-02-26
GEORGE r. ED&UNDS,
JOHN J.
s. J. r MCMILLAN,
GEORGE +. HOAR,
JAMES +. WILSON,
WILLIAM NJ. EVARTS.

The report reCiteS the fact and Circum-
stances Of the removal of Dustin and the
appointment of his successor, as United States
attorney for the Southern district of Ala
bama. 1t declares:
1t has been the uniform practice of the ju-
dietary committee, since the passage Of the
Tenure of office act. to call upon the heads Of de-
partments for all papers and information" in
the possession Gf the department touching the
conduct and administration OF the officer pro-
posed to be removed, and the character and con-
duct Of the person proposed TO be appointed.
This has been done with the unanimous APP
proval of all the members. Although the COM
position Of the committee has been, during the
period. sometimes of one political character and
sometimes of another, in no instance until this
time has the mi met with any delay or
denial in respect to furnishing such papers and
information. with a single exception, and in
which exception the delay and suggested denial
lasted only for two or three days
THE JURISDICTION OF conc ESs.
The jurisdiction Of the two houses OF congress
to legtslafe, and the power TO advise or withhold
advice concerning treaties and appointments,
necessarily involves the jurisdiction TO officially
know every step and action OF the officers OF the
the possession Of any department, or even in the
possession OF the president himself. There was
no need 70 express such a power, for II was
necessarily an inherent incident 10 the exercise
Of the power granted II viii be observed that
in this instance the cali for papers covered a
period Tor more than elk months, during which
The regular incumbent Of the Otics had been dis
charging its duties. and also the rurtbSr period
Of more than six months during which the per-
son DESIGNATED 70 discharge these duties on the
suspension Of the officer had been acting. aud
that person 10 the one now proposed 70 be APP
pointed 20 the place. II viii also be observed
that the president has not undertaken 70 re-
move the incumbent CT the Office, but has only,
In expressed and stated pursuance Of the stat
utes on the subject, suspended that officer, and
that the same statutes expressly provide thst
such officer shall not be removed without the
advice and consent Of the senate, and that
= that advice and consent be not given
El&K term u Office should have
previously expired at the close Of this session
of the senate be restored to The lawful right TO
exercise its duties Tbs senate then by this
nomination Is asked 70 advise and consent to the
removal Of the incumbent. and TO the appoint
neat ~ the candidate proposed for bis place. In
exeFe8sinE ~. dsty IN respect Of these questions,
y - plain that tie conduct and management OF
the tncnEnbeEt AZ a matter absolutely essential
20 ~ kn0Sn la the senate. IN order that ft may
determine whether 4 can rightly advise his re-
nOgzl ~ rghtsy leave him TO resume the func-
tl0ns OF hls office a. the end OF its session, az
well as MEAefheY the candidate proposed has in
The exsftSss u the Office under his designation
80 e0n1neaeA himself a. 70 show that ne Is COM
petens 2ad faithful. Indeed, II may DO stated
with entire accuracy that even In the case OF q
vacancy IN an Office, and the proposed filing OF
sncS vacancy, tt II important for the sem
management OF the Office, the state OF
It's affairs. whether there have been cases OF mis-
coDduct or sbnse Of power. the embezzlenent OF
money. ard indeed all the circumstances bear
ing npOa the administration. In order that II
may Judge Of the Suitabieness OF appointing o
particular person 70 take mp it's duties with ref
erence 70 the difficulties that may exist In its
Affairs. the state OF accounts and everything con-
csFnlng is administration, so as to measure
the fitness and competency Of the particular cam
dldate 70 meet the emergencies Of the case.
A LEADING QUESTION.
k-lfm - ...~~~m&.I .I~.&.. (. f~~~~ ...-.
Der Of persons appointed IN the place Of
officers suspended. and the query Is made:
Have these suspended officials any or consider
able number Of them been guilty OF misconduct
tn Office or any personal conduct making them
20 be longer Trusted with the per-
foTsnAnce or duties imposed BY law? III they
have H. would seem 70 be clear that every con-
sidcratjou 81 public interest and OF public duty
would require that the facts should be made
known ia order that the senate may under
standlneiy and promptly advise their removal.
and that the most careful scrutinv should be
had In the respect Of selecting their successors ~
well a. IN the respect Of providing better means
the laws Of tie USnited state. Such informs-
tiCn. II would seem. the executive II determines
The senate shall not possess. for the alleged
reason that II might enable the senate TO under
stand what circumstances connected with the
faithful execution OF laws induced the president
~ exercise the discretion the statute confers
upon him 70 suspend them and ask the senate
70 unite with him In their removal from office.
The report quotes the passage on the civil
service contained In the presidents annual
message, and says:
This highly important and valuable onicial
communication. in the presence-E fjl3 suspen-
sIons from Office. would eeSrz TO lcadNo the con-
ciusis4 that this Number OF the ciyiIo IN c0rs OF
removed had been SO dirclect ia the performance
OF their functions or guilty Of such personal mis-
conduct as 70 put them in the category Of un-