Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-02-04
ronIrIoAn.
Thc Coming Constest Between the
senate nnd the Administration
over Removals From office l.cgis-
InliKa and NanlificaI. 81.

tween the President and the Senate
regardiAg the authority of the latter TO
demand the reasons for the suspension OF
certaiu Federal officers and the appoint
ment of their successors was made up in
the cabinet meeting to-day. When At
torney-General Garland read bis reply to
the request of the judiciary committee
| regarding the suspension of District
Attorney Duskin in Alabama, it was
approved.
The letter which will be sent to the
| Senate tomorrow is said to be brief and
to the point. The Attorney General re-
fuses fatty to give the information de-
sired. lhasnuch as the resolution which
asked for information rs to the conduct
OF the office was adopted in executive SEES
| sion Of the Senate, Mr.. Garland contends
thut the Senate did not intend the inquiry
rs the busis tor any Legislative action to
improve the Judicial system of the
country. Ii the information had been
desired for the purpose of throwing light
| upon the administration of justice, the
committee in his judgment, would have
moved the adoption of the resolution in
open legislative session Of the Senate.
| Should su ha resolution be adopted in
l open tAtCullNt bGSSiOn ~ hNulh NC pBNh
to the same objection, because there
could be no necessity for any executive
| inquiry. On the other hand, should such
a resolution be adopted in Legislative ses-
sion, the Attorney General would decline
| to give the information requested, on the
ground that there is nothing on the files
relating to the case except papers con
tanning the reasons for the suspension,
| -. L IL sat. lNNftl na
| President to send to the Senate.
The reply of the Attorney General
| forces the issue to n point where the
| majority in the Senate must either take
measures to compel the production OF
such information regarding removals and
appointments as the files OF the executive
| departments afford or retreat from posi-
| ton the Republicans have taken No
matter what the outcome of this dispute
may be, it is evident that the whole mat
| ter may be fully discussed i'll open SEES
sion Of the Senate. There is no reason
to believe that the Republican majority
in that body wall accept the dletun OF
the executive III u matter ot this import
anee without an attempt 90 enforce the
right witch, under the constitution, they
cluun belong to the Senate. 1t is hot
| believed that Republican senators gener-
ally anticipated So Hat u refusal to the
resolution adopted.
At the cabinet meeting yesterday, the
policy TO be adopted IN regard to appli-
| cations by the Senate for information as
| to suspensions from office was considered.
| The President and all the members of the
\ cabinet are understood to be opposed to
complying with the requests for such i'll.
| formation. AT yesterdays meeting, il is
understood, letters were formulated, i'll
answer to the requests of the Senate for
the papers touching the changes in the
| Office of United States marshal for the
southern district of Alabama and in the
| office of collector of internal revenue Tor
the district of South Carolina, informing
the Senate that it is not deemed advisable
to comply with the requests il their
| present form. ut is understood that it
is the dc sire of tho administration to
force the Senate TO state disposition on
this question, 50 that the matter may be
brought TO an i.sue and settled as soon as
possible
In reference 10 his letter sent to the
Senate, by direction of the President, III
relation to reasons Tor removals from
office, Attorney-General Garland yester-
| day said There was considerable dis.
! cussion i'll the cabinet meeting MS to the
form OF tue reply to be addressed to tho
Senate committee, but none whatever III
to the spirit OF 1t. The letter, as tinallS
agreed upon, had the full approval OF
every member of the cabinet. An i'm
portGnt point to keep in mind is that 81
fur the senate has not called upoa thI
President either for reasons or papers
or for anything in connection witt
the cases Of suspension that hay,
been made the subject of the resolution
of inquiry. These resolutions are aimee
At the heads OF the different departments
and were designed to procure by the in
direction of flank movement dis
closure Of the reasons governing th'
President in making the suspensions.
the Senate had, us it at first talked o
doing, called upon the President directl,
for these reasons, no one doubts but thu
lie would have been entirely justified i
refusing them point blank. Tue call 10
, papers from the several departments
/ Simply an effort on the part OF the Senat
: TO hold the same unwarIanted inquest U
the Presidents use of the suspendin
power without calling upon him direct
| no ntACll INC Is AlGAGAll1nt
/ 10 refuse it. 1t now remains ior the Il,
| publican senators to make the next move.
e III answer to question regarding prt
cedents to fortify the position taken Ii
the President and his cabinet Mr.. Gt,rlan
! referred, among other things, to Ii
i opinion OF Judge Deyens OF AIassachl
/ sets, who, MS encouragement in Il
: Hayes administration, gave I'm opinion c
o July 2Sth, 1879, which, be says, beau
Il directly upon the issue now iaisei
Attorney General DUyeIs was asked
Mr.. Hayes to pass upon the legality al
!. propriaty Of granting an applicable
4 luale by san Francisco newspaper I,
II leave to examine the files to see VINO Iii
Z recommended certain persons to office
Z California. The object was TO SHOW TIL
! senator and n congressman from tn
:, state had made improperand unfit recon
- meudatiUns to the President. JUDI
/, Deyens advised President Hayes tn
q such nm application ought not to
y granted, and that no one except the pc
son Immediately concerned had any rig
to see the papers on file. After pointii
out that certain papers are kept on publ
record for reference, Judge Devens adde
:, with reference to the recommendation
in question, do not understand that thu
i come within the description Of eth
> records, papers or documents belongil
= to the departments and required to
y kept by them. They are papers whit
= are filed from time TO time by parties
their own convenience, sometimesin laS
! Of and sometimes in opposition To, pr
tlcular persons who are named us cant
= dates for executive office; and they n
y permitted according to rule which
y understood TO be adopted in all the i
\ partments) to be withdrawn from the fill
n whenever the applicant for office desiI
Gu it,
= WAsnRGroN, Jan. 29.-The Attorne
- General has sent n letter TO the Senate
:. answer to the resolution calling for q
= documents ana papers III relation to t
y management and conduct of the Office
n United States attorney FOR the southe
y district OF Alabama which after aGknoy
n edging the receipt OF the resolution
~ question he says:
ee In response to said resolution the Pre-
in dent of the United States directs me to 5
On that the papers which were in this dopa
as ment relating to the ILLNESS Of J. ID. Bcnno
=, recently nominated to said office hlyi
~ been already sent 0the Judiciary commit
y, OF tho Senate and the papers and dueumpl
mt which are mentioned in the said resoluti
or and still remaining in the custo
nm of this department, having exclusive ref
he ence to the suspension by the President
m. George NJ. Dustin, the late incumbent
x the Office of district attorney of the Unit
-! -! States for the southern district Of Alaban
as it is not considered that the public intere
TO- will be promoted by compliance with $,
resolution and the transmission OF
papers and documents therein mentioned
~. hp ht.nf I'm I'm,