Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1886-07-30
7HE sENATE'S RIGHTS.

IT., Judiciary Committee Submits a SET
Of Resolutions and II Long Report Con
de,npatory of the Refusal OF the iresI-
dent to Transmit Information fes"r"-
ing Suspensions from once.
WASHINGTON, Feb. Ex-senator Edmunds
Yesterday reported resolutions from the sen.
ate Committee on the Judiciary, accompanies
by a long report. The report recites inc l"cI
and circumstances of the rcmora of Mr.. Dus-
tin and the appointment OF MS successor" s
United States Attorney for the southern DIS
trict of Alabama. 1t declares that IL mas peen
the uniform practice of the judiciary COM
mittce since the passage of the Ienurc'o1'
Omce act to call upon the heads of depart
mcnts for nil papcrs and information III
! the possession of the departments touch-
ing the conduct ana administration of the
officer proposed to be removed, ana inc
character and conduct OF the person pro
posed to be appointed. This has been done
with the unanimous approval Oh all 'he
members, although the composition OF the
committee has been during the period some-
times ofone political character and sometimes
OF another. In no instance until this tilue mas
the met with any delay or denial
in respect to furnishing such papers and
information, with n single exception,
and in which exception the delay and
suggested denial lasted only fortwo or three
days.
The report then reviews the subsequent ac-
ton of the committee. and quotes the resolu-
ton adopted on January II, directing the At
torncy-General to transmit to the Senate the
documents bearing on the Duskin.Burnctt
f pPy, to a ahe efr ese ", Hs,01 the psbiic interest Is est
will not be promoted by a compliance
With said resolution 1t then continues:
| direction of the Senate. assumes that the At
tor~ney-General is the servant of the Prcsi-
dent, and is to give or withhold copies Of
documents in his office accord ug to the will
of the Executive, and not otherwise. The
committee is unable to discover any law
sense the servant or under the control of the
Executive in the performance of his Lawful.
duties." The report deals exhaustively with
precedents, and shows that never, before in
the history of the Government has either
branch of Congress been denied official facts
or information.
should the facts as they may appear from the
papers on file be suppressed? Is it because
thnt being brought to light it would appear
that malice and misrepresentation and per
| jury are somewhat abundant? or merely that
faithful and competent and honorable Off
GERS have been SUSPENDED and are proposed
OF the Senate in order that places may be
found for party men because they arc party
men, or are the special objects of party favor?
THE high respect and consideration that
the Senate must ALWAYS have for the ENecu-
tive Office would make it reluctant to adopt
either theory. But ut present the impcnc.
trahle vail remains, and as the committee is
unable to suggest any other solution of the
riddle it must leave it until this vail is lifted
and the opinions Of the Government shall
again be known"
Appended TO tho, report is a abatement show
ing the number of suspensions by the Pres
ident us indicated by the nominations re-
ccived by the Senate during the first thirty
days OF the present session, being from the
first Monday in December. 1851, to January ),
| 1SSt nS follows. lniiainrI. 80 Ejnnnrn H.
Commerce, ISL; Public lands, ~; Territories,
4: Indian Affairs. III: Post-otiices, 27S; Foreign
Relations. 3; Pensions, 6.
The resolutions are us follows:
"Rcsnircd, That the foregoing report of the
Committee on the Judiciary be agreed to and
"Itcsoire1, That the Senate hereby express
es its condemnation of the refusal of the At
torney-Gcncral. under whatever influence. to
SEND to the Senate copies OF papers called for
by its resolution of the 18th OF January, and
set forth in the Committee on Judiciary. as
sive Of the Fundamental principles OF the
Government and OF COOL administration
hereof.
"Rcsolrcd. That it is, under these circum-
stances, the duty of the Senate to refuse its
advice and consent to proposed removals of
officers, the documents and papers in refer
e conduct Of wheoam are Withheld ID BY s' the Exec GU
tive, or any head, OF a department, when
deemed necessary by the Senate and called
for in considering the matter.
"lteso1rnl, That the provision of section
1,154 OF the revised statutes declaring that
persons honorlbly discharged from the mill.
larry or naval service by reason of disability
in the line of duty, shall be pre-.
ferred for appointments OF civil offices,
the business capacity necessary for the prop.
er discharge OF the duties Of such Office,
ought to be faithfully and fully put in cxecn-
remove any such soldier whose faithful
ness. competency and character are above
reproach, and to give place to another
who has not rendered such service, is
a violation OF the spirit of the law and of the
practical gratitude the people and Govern
mcnt OF the United Suites owe to the dcfend-
ers of constitutional liberty and the integrity
of the Government.
"All of which, is respectfully submitted"
Ihe resolutions and report are signed by
Senators Edmunds, ingalls,, Mcmillan, Hoar,
Wilson and Evarts, OF the Committee on
Judiciary. MIR. Pugh, from the minority of
the Same committee, asked that the cons:d-
Grafton of the foregoing report and reso!,l-
tons be postponed until the minority had
mad sufficient time to present their views.
next Monday week being the limit of the
time asked.
FITZ JOHN PORTER.