Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-02-02

whom he should sdvise, can take up the
consideration Of the grave duty Of selecting
head for one Of the greatest departments
Of the government
s'Hasty action BY the Senate 10 also
necessarily involved. and geographical lin
itations are practically imposed BY the
necessity Of selecting some one who can
reach the capital and take the necessary
oath Of Office before the expiration Of the
10 days.
at may be . very proper restriction Of
the power Of the President, in his convic-
ton that he shall not designate for any
great length OF time, pefsou to dischaPee
1rmed by the Senate, but there would seem
secretaries of the department. wherein the
vacancy exists. might not discharge the
duties Of secretary until . successor 10
selected, confirmed and qualified.
1.-The Inconvenience Of this Limitation
was made s-rirent at the time Of the death
of Sec 'a-y Foaler. President Arthur in
that case x'in~ed one Of the assistant Sec
retaries, who had been designated to act in
the absence Of the secretary to continue in
the discharge Of such duties for Q further
term Of 10 days and then made Temporary
appointment ~ secretary, in order to secure
the consideration that he needed in filing
this important place.
II recommend such modification of the
existing laws - will permit the first, or
sole assistant, or in the case Of the treasury
department where the assistants are not
graded, that one may be designated by the
President to discharge the duties Of the
head of the department until q successor
is appointed and qualified"
The attorney-general, in his opinion
transmitted with the Presideu&'s message,
quotes the statutes regarding vacancies
caused by the death, absence, ETC., of q
head of Q department. and SAYS that it
seems by him impossible to escape the
effect Of sec. 1870 of the Revised Statutes,
in limiting period Of 10 days time, durirg
which the vacant office may be filled,
either by the statutory succession or the
designation Of the President, provided for
in other sections, which he quotes.
This construction, he says, sis borne out
by the opinion Of his predecessors. 1t 10
to be urged, continues the attorney-gen-
ersl, that the 10 days limitation applies
only to the designation by the President,
and not to the temporary supplying Of the
vacancy by operation of law"
The two urgent reasons given by the at
torney- general against such construction
of the law are that it would place no limit
alton on the time in which the first assist
ant secretary might fill the vacancy, and
the absence in sec. $50 of any reference to
the three proceeding sections.
In conclusion the attorney general says ::
upon the whole am Of the opinion that
the natural and proper construction of these
sections covers a legislative purpose, tina.
vacancy caused by death or resignation, in
the office Of the secretary Of the treasury
shall be permanently filed by constitutional
appointment within 10 days.
sit may be that action Of an assistant
secretary of the treasury after the expiration
10 days would not be invalid, being the
action Of an officer de fsc.o; but the stat
ute, even II directory, is no less obligatory
upon those called upon to act under it than
if mandatory, although the legal effect of
action or non action under such statute may
be very different"