Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-03-11

.ake. Ihat resolution Is reported con-
demned the Official act of the attorney gen.
eral for the reason that he had withheld on
order OF the President information that he
stated was private and documents and papers
that he said were unofficial and private. first.
because they were private and unofficial, ana
second, because they related to no dutv that
the constitution or Law imposed on the Sen
ate. Is there anything" said Pugh, ssin the
history of the government to support this
clalm?
Ihe distinguished senator from Vermont
has presented long array of what he calls
| ''precedents." l undertake to saw, and 1
| challenge denial upon the fullest text, that
there has been no case in the history of the
government for so years where any such doc
uments as those called for in this resolution
has ever been transmitted to the Senate IN
! executive or public session on the order of
the Senate on the attorney general or the
President
| Mr.. Pugh referred to the letter read bv
Senator Edmunds yesterday from Allen G.
Thurman, as chairman of the judiciary com
mlttee, to the President. asking for the rea-
sons for the suspension of judge of the ter
rltorlal COURT and said in the provision con-
ierrlng the power of suspension on the Pres
iuent there was an express exception of
Judges OF the United States. There was an
express stipulation that such Judges could be
| removed only by and with consent of the
Senate and that was why Senator Thurman
sent his letter as chairman Of the judiciary
committee, asking for information concern
ing removal, not suspension, of such an
officer.
Mr.. Pugh also referred to Mr.. Thurman's
speeches, in which that senator had expressed
his opinion that the power of suspension and
l q
the President. Mr.. Pugh read from the
speeches of Mr.. Edmunds, during the debate
on the tenure of Office bill, to show that Mr.
Edmunds then maintained that a removal
was a legislative act. and also from the
speeches of Messrs. Calhoun and CLAY, to
show that the views entertained by these pub
lie men supported the view of Mr.. Edmunds
that removal was a legislative function aud
under the control of Congress. He had Sena-
tor Walthall read for him from the speech of
Senator Sprague in the Senate in debate on
the debate of the tenure of office bill, care
ful statement of the question herein involved,
Mr.. Pugh said, which statement is known to
have been written by Chief Justice Chase,
expressing, on the contrary, the conviction
that the only function of the Senate in the
cases involved in discussion was merely one
of assent or dissent, and strongly controvert-
ing the point that the function of removal
was legislative one. He (Pugh) boldly
challenged reply to that paper. This view
of Chief Justice Chase, he said, was support
ed by the opinion held by Justice Miller in
the case Of Kilbourne against Thompson
There was, he said, in that opinion q rec
ognition of the fact that when one coordinate
department., trusted with special powers,
called on another coordinate branch for in
formation in relation to the exercise of juris-
diction or powers belonging exclusively to
that other department, it was the duty of the
first to inform the other of the use intended
to be made of the information, 80 that it
might appear to the department having it in
possession whether it was its duty to trans
NIT the information in order to promote the
exercise Of the constitutional function Of the
government. That was precisely the ques-
tiOn involved in this case.
In conclusion Mr.. Pugh said his object had
been to define the character of this conflict
of authority between the President and the
Senate and fortify the view that always had
been taken by the democratic party and to
fortify it by authorities commencing in the
first Congress and running down to the last
period.
Mr.. Wilson of Iowa, was recognized, but
on suggestion of Mr.. Allison consented to
permit the pending business to be temporarily
laid aside until tomorrow in order that the
Senate might proceed to the consideration OF
the urgent deficiency appropriation bill.
An amendment was agreed to apPropriating
$50, 900 to defray the expenses of Gen.
Grants funeral. The bill was then passed.
The Senate then adjourned, leaving the
Edmunds resolution unfinished business for
2 o'clock, Mr.. Wilson of Iowa having the
floor.
HOUSE.
Mr.. Pulitzer of New York, from the COM
mittee on civil service reform, reported ad-
versely the bill to repeal the civil service
law
Mr. Stone of Missouri will file minority
report.
In the morning hour Mr.. Morrill, of Kan
sas, on behalf of the committee on invalid
pensions, called up the bill repeating the
limitation on time within which claims of
militamen who were disabled when acting
under orders of the United States must be
settled.
Messrs Rogers of Arkansas and Reagan Of
Texas opposed the bill.
The morning hour having expired, pending
action, the House went into a committee of
the whole on the Indian appropriation bills.
Messrs. Holmnn of Indiana and Perkins
of Kansas spoke in favor of Industrial
schools.
Mr.. Cannon of Illinois severely critivised
the present Indian policy. His idea was to
grant land in the several Territories to the
Indians and oxen the remainder of the reser-
vations to the public. He censured the Pres
ident for his failure to obey the act of Con-
gress authorizing him to appoint a commits
sioner to negotiate for land strips. The
Presidents attention has been called time
and again to this, law, but he had refused to
take any action. He had sent an army to
put the poor squatters out of Oklohama, but
he had allowed the cattle kings to hold 7,000,-
600 acres which the law said he should have
tried to open to settlement.
AN INVESTIGATION
| ~ Sanafor paxno,a EIacfion-A State