Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-01-30
The Senate snubbed by the Preside

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The Senate Snubbed by the President.
WASHINGTON, January 29th.-The Attor-
ney-General has sent letter to the Senate
in answer to a resolution calling for all
documents and papers in relation to the
management and conduct of the office of
the United States Attorney for the Southern
District of Alabama" in which. after
acknowledging the resolution in question,
he says " In response to said resolution
the President of the United States directs
me to say that the papers which were in
this Department relating to the fitness of
J. D. Bennett, recently nominated to said
office, having been already sent to the Ju-
dietary Committee of the Senate, and the
papers and documents which are men
toned in said resolution, and still remain
ing in the custody of this Department, have
exclusive reference to the suspension nv
the President of George NJ. Dustin, late
incumbent of Office of District Attorney of
the United States for the Southern District
of Alabama, it is not considered that the
public interest would be promoted by COM
pliance with said resolution and the trans
mission OF the documents and papers
therein mentioned to the Senate in execu-
tive session"
THE CABINET IL PERFECT ACCORD.
WASHINGTON, January 29th-Attornev-
General Garland and Secretary Whitney
have been mentioned in dispatches sent
from here as having differed from the Pres
ident as to what was proper to be done con-
corning the Edmunds resolution calling for
papers on file in the Executive Depart
ment. The report is unfounded. In the
course OF conversation this afternoon.
Mr.. Garland said that the Cabinet were in
perfect accord with the President in the
matter, and heartily supported him in re-
fusing the information called for. There
was considerable discussion, said the At
torney-General, . in the Cabinet meeting.
as to the form of reply to be addressed to
the Senate committee, but none whatever
as to the spirit The letter, as finally
agreed to, had the full approval of eyery
member of the Cabinet. An important
point to keep in mind is that, SO far.
the Senate has not called upon
the President either for reasons
or papers, or for anything in connection
with the cases of suspensions that have
been made the subject of resolutions of
inquiry. These resolutions are aimed at
the heads of the different Departments. and
were designed to procure, by the indirec-
ton OF flank movement, a disclosure of
the reasons governing the President in
making the suspension. If the Senate had,
as II at iiot ldlhCu vi Called uDO.
the President directly for these reasons. no
one doubts that he would have been en-
tirely justified in refusing them point
blank. 1t now remains for the Republican
Senators TO make the next move"
In answer to question regarding the
precedents TO fortify the position taken by
the President and Cabinet, Mr.. Garland re-
ferred, among other things, TO the opinion
of Judge Devens. of Massachusetts, who. as
AttorneyGenerali in the Hayes administra-
ton, gave an opinion on July IS. 1874,
which bears directly upon the issue now
raised. Attorney-GeneralD eyens was asked
by Mr.. Hayes to pass upon the Legality and
propnety OF granting an application made
by San Francisco newspaper for leave
to examine the files and see who had
recommended certain persons to Office in
the State of California. The object of the
search thus sought to be made among the
papers of the departments was 10 show that
Senator and a Congressman from that
State had made improper and unfit
recommendations to the President. Judge
Devens advised Mr.. Hayes that such
an application ought not to be
granted and that no one, except the
person Immediately concerned, had any
right to see the papers on file. After point
ing out that certain papers are kept on
public record for reference, the Judge saws,
with reference to the recommendations in
question: do not understand that they
come within the description of either rec
ords, papers or documents belonging TO the
departments, and required to be kent by
them. They are papers which are filed
from time 10 time by parties for their own
convenience; sometimes in favor Of and
sometimes IN opposition to particular per-
SONS who are named as candidates for
RYprutfyp offices anH tlax-
according to 4 rule which is understood to
be adopted in all of the departments. to be
Withdrawn from the files whenever the an
plicants for Office desire it,
United States Senate.
WASHINGTON, January 29th.-Waltball
presented the credentials of the reelection
of George as United States Senator from
Mississippi.
The credentials were read and filed.
Proceeding TO the calendar, the Senate
the consideration of the bill TO
divide the Sioux Indian Reservation in
Dakota, and Logan and Teller spoke on the
question.
Platt submitted a resolution for reference
to the Committee on Rules, and it was so
referred, providing that the Executive nom
nations shall hereafter be considered in
open session.
A resolution offered by Edmunds was
agreed to, directing the Secretary of the
Navy to transmit to the Senate copies of
the drawings and the report of the recent
survey of the Nicaragua Canal route, made
by Chief Engineer Menocal.
At 9 o'clock Vest took the floor on the
Dakota bill. He disclaimed any hostility.
personal or political, to the people of Da-
kota, and claimed himself to be Western
man, and proud of the Western country
\.
AT the conclusion of Vests speech Logan
took the floor, but gave way for motion
to adjourn.
The Senate accordingly adjourned until
Monday
House of Representatives.
WASHINGTON. January 29th.-After a few
private measures had been reported by the
committees, the House at 1870 went into
Committee of the Whole on the private
calendar.
The first measure on the calendar was
McMillins bill providing for the payment
of the Fourth of July claims.
Geddes explained that the bill comprised
9i3 claims, distributed among eleven States
and one Territory, and called for the ex-
penditure of S229,000.
At the evening session the House passed
about fifty pension bills, and adjourned
until Monday.
The Railroad Tax Cases
WASHINGTON, January 29th.-The argu-
ment in the California railroad tax cases,
which has occupied the attention of the
United States Supreme Court since Tues
day. will be concluded tomorrow. This
morning, when the Court opened Judge
Rhodes continued his argument in behalf
of the State.
Senator Evarts followed Judge Rhodes,
and addressed himself to the proposition
that, as the railroads had a Federal fran
chise they were not amenable to State tax
alton that under the Fourteenth Amend
ment they We're entitled to that equality of
taxation which had been denied them in
the assessments under consideration that
the State Constitution Disseminated I'M
Justly against the railroad company.
and that due notice had not