The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1886-02-26

consent of the senate, and that If that
advice and consent be not given, the in
would (unless his regular term
Of Office should have previously expired) |
1t the close of this session of the senate
be restored to the lawful right to exer-
else lts duties. The senate, then, by
this nomination, is asked to advise and |
to the removal of the incum- |
bent and to the appointment Of the can |
didate proposed for his place. Exercis- |
ing its duty in respect of these questions
II is plain that the conduct and manage
ment of the incumbent is II matter alb
essential to be known IN the
senate in order that it may determine
whether it can rightly advise his remov-
al or rightly leave to him to resume the
functions of his office at the end of its
session as whether the candidate pro-
posed has i'm the exercise of the office
under his designation so conducted HIM
self as to show that he is competent and
faithful. Indeed, it may be stated with
entire accuracy that ever in the case of
vacancy in an office, and the proposed
filling of such vacancy, II Is important
for the senate to know the previous con-
dition and management of the office the
state of its affairs, whether there have
been cases. of misconduct or abuse OF
power, the embeZzlemento of money, and
indeed all the circumstances bearing up
on the administration in order that it
may judge of the suitableness ofappoint-
ing particular person to take up Its du-
ties, with reference To the difficulties
that may exist in Its affairs, the state OF
the accounts and everything concern
ing It's administration, so as tn measure
fitness and competency of the particular
L. ..t
the case. A table is presented, showing
large number of persons appointed IN
the place of officers suspended, and the
query is made: Have these suspended
officials or any considerable number of
them been guilty of misconduct in office
or of any personal conduct making them
unworthy To be longer trusted with the
performance of duties imposed upon
them by law? If they have, it would
seem 10 be clear that every consldera-
ton of public interest and of public du-
" would require that the facts shall be
made known. In order that the senate
NAV Understandings and promptly adj
wise their removal, and that the most
careful scrutiny should be had in respect
of providing better means and safe
guards bv information for administering
the laws of the United States. Such in
J formation il would seem the executive
is determined the senate shall not pos
sess, for the alleged reason that il might
enable the senate 10 understand what
circumstances connected with the faith
| lul execution of laws induced the presi-
dent TO exercise the discretion the stat
ute coniers upon him 10 suspend them
and ask the senate To unite with him in
their removal from office.
The report quotes the passage on civil
service contained in the presidents an
nual message, and saws:
| This highly important and valuable
official communication in the presence
of 643 suspensions from office would
seem to lead to the conclusion that this
number of the civil officers of the Unit
| ed States selected To he suspended and
removed, had been SD derelict III the
performance of their functions, or guilty
of such personal misconduct as To put
them in the category of uufaithful pub
| lie servants deserving dismissal 10y the
president and the senate, and the con-
demnation of their countrymen. In
such state of things we think that the
common sense of justice and fair play
that is so much priced, as We believe by
the people of the United States, would
REQUIRE that in some way this large body
u
know the substance of their alleged mis-
doings in order that they may either
admit their guilt, or, denying it, explain
their conduct or show that tue accusa
tons against them were selfish and
wicked pretexts, and set up for the
mere purpose of obtaining their suspen
sion and ultimate dismissal from office
in order that others less capable and
worthy might at once receive the honors
and emoluments of their places. Ii Is
known to every senator, that, SO far rs
the senate has had to do both with re-
movals and appointments, IL has for q
great number of years been its practice,
when an officer or person was before il
for removal or appointment, against
whom any serious accusation has been
made, which would, if true, influence
the action of the senate In the case Ia
cause the person concerned TO be in
| formed of the substance ofthe complaint
against him and give him opportunity to
defend himself, and 1t is also known
that ut this very session considerable
number of instances of that kind have
occurred and are daily occurring. Ii
the senate is proceeding upon false
| prlnciple in such instances l. is high
| time that its course in these respects
should be reversed, and that hereafter
| il should act upon such accusations with
out any knowledge other than that de-
l rived from the accuserS, and leave the
victims of such injustice to console them
selves with the reflection that all par
ties are now engaged IN an effort to re-
form the government. Why should the
facts as they may appear from the pa
pers on file be suppressed Is 1t be-
cause that, being brought To light, il
4 4 81 ,t la,. nd
resentation and perjury are somewhat
abundant, or merely that faithful and
competent officers have been suspended
and are proposed to be removed under
the advice and consent of the senate IN
order that places may be found for par
" men because they are party men, OF
are to be special objects of party favor
Does il happen in this time of suggested
reform and purer methods IN govern
ment for the first time that il is thought
important that the history and admin
istrativc facts relating To the official and
personal conduct of officers of the I'M
led States should be withheld and tina
the administration of the government
should proceed with secrecy and mys
terv as great az in the days of the stat
chamber? The nigh respect and con
sideration that the senate must always
have had for the executive office would
make it reluctant to adopt either the
ory. But at present the lmpenetrablt
veil remains, and as the committee il
unable TO suggest any other solution o.
the riddle il must leave II until this vel
is lifted and the operations Of the gov
eminent shall again be known. In this
state of things the committee feels il tC
be its duty to report for the considera
ton of the senate and for adoption the
following resolutions:
Resolved, That the foregoing report o
the committee on judiciary be agreed t.
and adopted.
Resolcsd, That the senate hereby ex
presses its condemnation of the refusa
of the attorney general, under whatever
influence, to send to the senate copies
of papers called for by its resolutions o
the 18th of January, and set forth in the
reports of the committee on the judic-
iary, as in violation of his official duty
and subversive of the fundamental prin
ciples of the government, and OF a gooC
administration thereof.
Res0lued, That il is, under the circum
stances, the duty of the senate to refuse
its advice and consent to proposed re-
movals of officers, the documents and
papers in reference to the supposed Of
iicial or personal misconduct of whom
are withheld by the executive or any
head of department, when deemed
necessary by the senate, or called for in
considering the matter.
Resolred, That the provision of section
1854 of the revised statutes, declaring
"that persons honorably discharged
from the military or naval service by
reason of disability resulting from
wounds or sickness incurred in the line
of duty, shall be preferred for appoint
ment to civil offices, provided they are
fnnnl 10 nnSseSs the business canacit \