The times. [volume] (Richmond, Va.) 1890-1903, 1891-02-01
WINDOWS SUCCESSOR.
special Message of the President to Con
Cress on the Subject.

WASHINGTON, ID. G., January 3l.-Th'
present state Of the law as TO filling va
cancy Occasioned by the death ofthe head ol
a department was the subject OF a message
sent to Congress by the President to-day
After referring to Secretary Window,
death the President says:
81 transmit herewith an opinion Of the
AttOrney-General, from which 1t will be
seen that under the statutes in force no OIL
Ger in the Treasury Department or Other
position can exercise the duties Of Secre
tary Of the Treasury for longer period than
sure, nnsise and necessarily in
wolves IN such case az that now
presented undue haste and even indelicacy.
The President should not be required to
take up the question Of the selection Of a
successor before the last offices OF affection
and respect have been paid to the dead. II
the proprieties Of an occasion as sad as that
which now OyershadOws us are observed,
possibly One-half Of the brief time allowed
is gone before, with due regard 10 the de-
cencies Of life. the President and those
with whom he should advise can take up
the consideration of the grave duty OF Sc
lectlng head for one Of the greatest de-
partments Of the Governments
IL may nt very Gipiti ibnAiiSAA'h w
the power Of the President in this cOnnec-
ton that he shall not designate for any
great length Of time a person To- discharge
these. important duties who has not been
confirmed by the Senate, but there
would seem 10 be no reason why one Of
the assistant secretaries of the department
wherein the vacancy exists might not dis
charge the duties OF Secretary until sue
cessOr Is elected, confirmed and qualified.
The inconvenience OF this limitation was
made apparent si the time Of the death Of
the late Secretary FOlger President
Arthur, in that case. allowed one Of the
Assistant SecretarYs, who had been de-
signated 10 act in the abs ence OF the Secre-
tary TO continue in the discharge
of such duties for ten DAYS, then
the duties for a further term OF ten days,
and then made temporary appointment
as secretary In order to secure the cOnsit-
Grafton that he needed In hlling this im-
portant place.
II recommend such a modification Of the
existing law as will permit the first or sole
assistant, or In the case Of the Treasury
Department. where tue assistants are not
GRADED, that one may be designated by the
President TO discharge the duties OF the
head Of the Department until successor
Is appointed"
GENERAL MLLER's OPINION.
In his opinion, transmitted with the
PRESIDENT message, Att0rney-General
Miller quotes the statute concerning yacan.
cies caused by the death, absence, etc, OF
head Of department, and says that 1t
seems 10 him impossible TO escape the
elect Of Section - in limiting to a
period Of ten days, the time during which
the vacant Office may be filled either by the
statutory succession or the designation OF
the President provided in olhor sections
quoted. This construction, he says, Is
fully BONE out by opinions OF his prede-
cessors. The AttOrney-General does not
agree with AttOrney-Gereral Brewster IN
holding that twenty dayp may be taken
by the President in allowing the statutory
occasion OF the Office without designation
for ten da' and then making designation
for an additional ten DAYS. In c0nclu-
s)in. Mr.. Miller said: Upon ihe whole,
'hfrefore am OF opinion that llhc
natural and proper construction OF
these sections discovers a legislative
purpose that vacancy caused by death or
resignation in the Office Of secretary OF
the Treasury shall be- permanently filed by
appointment. within ten
LAYS.