The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-02-20
The President Will Be Asked to State by What
Authority He Has Removed United
States Justices in the Territories.
The POstmaster-General Will Be Re-
Quested TO Explain His Action.
No Probability that the Morrison Tariff Bill
Will Become Lava Scramble for the
COmmissionership of Education.
THE NEXT MOVE.

The President May BE Invited to Explain the
! Removal of Territorial Justices.
Special to the Indianapolis Journal.
| WASHINGTON. Feb. 19.-The next movement
OF the Republican Senators in the war with the
administration will probably be to pass a reso.
luton calling upon the Attorney general for in
| formation as to the authority under which ten
justices of the United States courts for the Ter
rltorles have been suspended. Section 1868 of
| the Revised Statutes says:
during any recess of the Senate the Presi-
dent Is authorized, in his discretion to suspend
any civil oflcer appointed by and with the advice
ana consent OF the Senate, except judges of the
| courts OF the United States"
| President Cleveland has suspended three chief
justices of the Territories and seven associate
| justices, which is held by the judiciary commit
tee to be violation of the section above quoted
The administration will probably take the ground
that the Territorial justices are not justices of
| the United States Courts in the meaning of this
| statute, but the Republican members of the
judiciary committee argue that they are; that
they belong as much to the federal judiciary as
district judge in State, and that all judges
| appointed by the President of the United States
are judges of the United States. They claim
that this exception was placed in the
law. as the debates at the time will show, in
order to protect the judiciary of the Territories
from executive interference while the Senate is
not In session. They are fixed for term, and
if the President had the right to remove the
justices at pleasure he could exercise a dictator
ship over the courts. This question will prob
ably be discussed in open session. but just how
it will be brought out has not been decided.
Another resolution, which may be expected
soon in the same line, will call upon the Post
master-general for information as to whether
any postmasters have been unlawfully commits
stoned during the present session of the Senate.
The law requires that commissions shall be
issued during the session of Congress only to
such officers as have been confirmed by the SEN
ate, but it appears that the Postmaster general,
sss ktne day Congress met, has issued commits
sions to four postmasters-at Detroit, Mich,
LaPorte, Ind. Hamilton. No., and Sioux City,
Lain violation of law These commissions
are dated in December, from the 10th to the 10Th,
and were probably issued by mistake Mr. Villas
has acknowledged that such was the case in re-
gard to the LaPorte postmaster, but has not
been heard from in respect to the others. The
postof6ce committee of the Senate hold that the
commissions should be Withdrawn, and the old
incumbents restored to their Offices until the
that the salary of the Office should 60 to the sus-
pended official, pending confirmation, and that
such officials can collect through the courts.