Savannah morning news. [volume] (Savannah) 1868-1887, 1886-09-05
THE TENURE OF OFFICE ACT.
President CIeveland's Ride Right
IhrnIrh the INV.

Through the Law.
WASHINGTON. Sept. 4.-When Senator
Hoar gets back next winter he will press
vigorously his bill repeating the tenure
OF office act. 1t is to be hoped for the
sake OF the civil service that his bill will
he passed. But it makes no difference to
this administration whether 1t passes or
not. President Cleveland has ridden
right through the tenure of Office act as
though it were but the baseless fabric
or vision. In every instance in which
he has acted in apparent disregard OF its
provisions, the President has been very
careful to assure himself that be was
right; but being sure of that, be has gone
ahead until he has riven all its prohibi-
tons in two. A statement has been pub
lished lately to the effect that the ac-
counting officers OF the Treasury were
in doubt whether they should or
should not pass and allow
the accounts of all the officers the Presi-
dent has appointed since Congress ad-
journed. Investigation SHOWS that this
statement is not strictly correct. Doubt
does exist in the minds OF some OF the &C
counting officers Of the Treasury as to
the accounts of some OF the men APP
pointed to Office by the President since
Congress adjourned. But the appointees
covered by this doubt are very few
in number. They are not like
POSTMASTER LAMAR, OF SAVANNAH,
who WAS appointed in place Of Mr. Will
son, suspended under an indisputable
right by the President after the adjourn
ment OF Congress, nor, like Recorder
Matthews OF this city, who was appointed
In place of a man who had resigned while
Congress was in session, but there were
men appsinted before Congress met last
winter to I'LL vacancies created by death,
resignation or the expiration of terms,
who were subsequently nominated to the
Senate to fill such vacancies, but whose
nominations were not acted upon
by the Senate. The Republican
leaders who wove the tenure
OF office act to tie President
Johnson's hands with thought this very
easy class of appointments to deal with
They took them from the President Cor
tried tO) and gave them to the Senate, in
what's now known as section 1863 OF the
Revised Statutes, section OF the tenure
Of office act. 1t provides: The President
is authorized to fill all vacancies which
may happen during the recess OF the Sem
ate by reason of death or reslgna-
ton or expiration OF term of
office, by granting commissions, which
shall expire at the end of their next ses-
by and with the advice and consent OF the
Senate, is made to an office so vacant or
tenn Orarily filled during such next Sea-
sion of the Senate, the Office shall remain
In allegiance without any salary, fees or
emouments attached thereto until 1t is
filled by appointment thereto by and with
the advice and consent of the Senate; and
during such time all the powers and du-
ties belonging to such office shall be
nv hu hnr ~
may by law exercise such powers
and duties in case Of vacancy in such
office" This seems quite plain.
THE REPUBLICAN SENATORS
thought last session that it covered the
case. And so they quietly pieeon-holed
nominations coming under its provisions.
But the President promptly reappointed
his nominees as soon as the Senate ad-
journed. He did so after consultation
with his Attorney General and the other
members of his Cabinet, under clause of
section 2, article 2 Of the constitution,
which reads: "The President shall have
power to fill up all vacancies that may
happen during the recess of the Senate by
granting commissions. which snail expire
at the end of their next session." The
Presidents construction turns on the
word happen" This he takes to mean
"happen TO exist" The vacancies SO
carefully secured by the third section of
the tenure of Office act certainly chap
pen to EXIST ''during the recess
OF the Senate" and so he rea-
sons Gas do his advisers) that
be has the right to ill them up by grant
ing commissions which shall expire at
the end of the next session of the Senate.
Some of the accounting officers, however,
have not gotten this construction through
their heads yet, and entertain doubts as
to their duty, which were suggested by
the last section OF the tenure of Office act,
which prescribes penalty of not more
than $4,000 fine or not more than
ten years. imprisonment, or both, for al
lowing the accounts OF any one appointed
contrary TO any of the provisions of the
tenure OF office act. When the accounts
actually come before them this month,
however, they Will in all probability be
approved.