St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-02-19

and that If that advice and consent be not
given. the incumbent wonld (unless his
regular term of Office should have previously
expired) at the close of this session of the
senate be restored to the lawful right to exer-
else its duties The senate. then, by this NOM
ination. is asked to advise and consent TO the
removal of the incumbent and to the an
pointment of the candidate proposed for his
place.
EXERCISING ITS DUTY
in respect of these questions il is plain that
the conduct and management of the incum-
bent Is matter absolutely essential TO be
known in tine senate in order that IL NAV de-
termine whe her IL can rightly advise his re-
moval or rightly leave 10 him to resume the
functions of his office at the end OF its session
As whether the candidate proposed has in the
exer else of the office under his designation so
conducted himself as 10 show that he is COM
petent and faithful. Indeed, IL may be stated
with entire accuracy that ever in the case of
vacancy in an Office, and the proposed fill
ing of such vacancy, il is important for the
senate TO know the previous condition and
management of the office, the state of its at
fairs, whether there have been cases OF mis-
conduct or abuse of power. the embezzlement
OF money, and indeed ali the circumstances
bearing upon the administration in order that
IL may judge OF the suitableness of appoint-
Ing particular person TO take up its duties,
with reference TO the difficulties that may ex-
ist In its affairs, the state of the accounts and
everything concerning its administration, so
as 10 measure fitness and competency of the
particular candidate TO meet the emergencies
OF the case. 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 con-
duct making them unworthy to be longer
trusted with the performance OF duties i'm
posed upon them by lawg IL they have il
would seem 10 be clear that every considera-
ton of public interest and of public duty
would require that the
FACTS SHALL BE MADE KNOWN.
In order that the senate may understand
ingly and promptly advise their removal and
that the most careful scrutiny should be had
in respect OF providing better means and
safeguards by legislation for administering
the laws OF the United States. Such infor-
nation Il would seem the executive is deter
mined the senate shall not possess, for the al
legged reason that it might enable the senate
TO understand what circumstances connected
with the faithful execution of laws induced
the president TO exercise the discretion the
statute confers upon him to sus pend 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 annual
message, and says:
This highly important and valuable official
communication I'm the presence of 643 sus-
pensions from office would seem TO lead to the
conclusion that this number Of the civil Off
GERS of the United States selected to be sus-
pended and removed, had been so derelict in
the performance of their functions, or guilty
of such personal misconduct as TO put them
in the category of unfaithful public seryan Is
deserving dismissal by the president and the
senate, and the condemnation of their couu-
trymen. 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 re-
quire that IN some way this large body of men
should have an opportunity TO know the sub
stance Of their alleged misdOings in order
that they may either admit their guilt, Or
denying it,explain their conduct or show that
the accusations against them were selfish
and
WICKED PRETEXTs,
and set up for the mere purpose of obtaining
their suspension and ultimate dismissal from
office in order that others less capable and
worthy might at once receive the honOrs and
emoluments of their places. 1t is known To
every senator, that, so far as he senate has
had TO do both with removals and appoint
ments, il has for a great number of years
been its practice, when an officer or person
was before IL for removal or appointments
against whom any serious accusation has
been made, which would If true, influence
the action of the senate in the case TO cause
the person concerned to be informed of the
substance of the complaint against him and
give him opportunity to defend himself, and
IL is also known that at this very session a
considerable number of instances of that
kind have occurred and are daily occurring.
If the senate is proceeding upon false prin-
ciple in such instances il Is high time that its
course in these respects should be reversed,
and that hereafter il should act upon such
Wi EnnElpnUa
than that derived from the accusers, and
leave the victims of such injustice to con-
sole themselves with the reflection that all
parties are now engaged in an effort TO re-
form the government. Why should the
FACTS AS THEY MAY APPEAR
from the papers on file be suppressed? Is it
because that, being brought 10 light, it would
appear that malice and misrepresentation
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
party men because they are party men, or
are TO be special objects of party favor? Does
il happen in this time of suggested reform
and purer methods in government for the
first time that it is thought important that
the history and administrative facts relating
10 the official and personal conduct of officers
of the United States should be withheld and
should proceed with a secrecy and mystery
as great as in the days of the star chamber.
The high respect and consideration that the
senate must always have for the executive
Office would make it reluctant 10 adopt either
theory. But at present the impenetrable
veil remains, and as the committee is unable
10 suggest any other solution of the riddle it
must leave il until this veil is lifted and the
operations of the government shall again be
known. In this state of things the committee
feels il to be its clear duty to report for the
consideration of the senate and for adoption
THE FOLLOWING RESOLUTIONS:
Resolved. That the foregoing report of the
committee on judiciary be agreed to and
adopted
Resolved, That the senate hereby expresses
its condemnation of the refusal of the at
torney general under whatever influence, to
send to the senate copies of papers called for
by. its resolution of the 25th of January. and
set forth in the reports of the committee on
the judiciary, as in violation OF his official
duty and subversive of the fundamental
principles of the government, and of good
administration thereof.
Resolved, That it is, under the circum-
stances, the duty of the senate to refuse its
advice and consent TO proposed removals OF
officers, the documents and papers in refer
ence to the supposed official or personal mis-
conduct OF whom are withheld by the execu-
tive or any head of a department. when
deemed necessary by the senate, or called for
in considering the matter.
Resolved, That the provision of section
1754 of the revised statutes, declaring THAT
persons honorably discharged from the mill
tary or naval service by reason or disability
resulting from wounds or sickness incurred
in the line of duty, shall be preferred for
appointment to civil Offices. provided they are
found to possess the business capacity neces-
sary for the proper discharge of the duties of
such Office" ought to be faithfully and fully
put in execution: and that TO remove, or 10
propose to remove. any such soldier, whose
faithfulness. competency and character are
above reproach. and to give place to arother
who has not rendered such service, is g viola
ton of the spirit of the law and OF the prac-