The times. [volume] (Richmond, Va.) 1890-1903, 1891-03-08
THE NEW JUDGESHIPS.
Az EXTRA SESSION or THE SENATE
CONSIDERED PROBABLE.
II May be Necessary For II 10 be Called TO
Confirm the Judicial Appointmcnts-The
Matter Referred TO the Attorney General
Capital Clesningss


WASHINGTON d. c., Mar 7--lSpecial.l-
A special session ofthe Senate now seems 10
be probable. The apparent necessity for it
grows out of the act or Congress authorizing
the appointment OF nine additional circuit
judges The bill, as originally introduced by
Senator EvaIts, named January 18th as the
date for the formal organization Of the court.
Pressure Of other business delayed action
upon this bin and when it finally passed the
fact that January 18th had come and
gone was overlooked. Senator Evarts sought
to remedy the oversight by passing joint
resolution naming the the third Monday OF
June as the date for the final qualification OF
the Judges and organization of the CONT.
Now II Is contended that these judges cannot
legally quality until they have neen con
frmed by the Senate In the first place,
il is held that under the Constitution
the Judges must be confirmed, the COnsttu-
tion providing for the appointment of
officials by and with the advice and consent Of
the Senate provides that the President shall
have power 10 ill up all vacancies that may
happen during that recess of the Senate 10y
granting commission which shall expire at
the end of their next session. Now II Is PLAIN
that the offices Of these circuit judges are not
vacancies which have happened during the
recess OF the Senate, but that they are original
Offices created 10y Congress But aside flom
this question the act authorizing the ap-
pOntment of these Judges speclhcalY de
clares that they shall be appointed 10y the
President ''bv and with the advice and con-
sent Of the Senate" Hence there does not
seem TO be any escape from the fact that the
Senate must assent 10 the appointment Of the
Judges before they can qualify. In order %
meet the requirements OF the act the judges
must be appointed and confirmed before the
third Monday of June. 1t is difficult 10 see
how the President can escape from tins obh-
cation, though there is no question but that
be told the Senators he meant to take has own
time i'll making selections for this court.
PREcEDENTs CITED.
In justification of his course he has referred
70 several instances IN which Offices, not vacan-
ces were filed by Presidential appointment
during recess He has cited the case OF the
Interstate Commerce Commissioners. The
act creating that commission was passed du-
ring the latter part Of session. President
Cleveland was urged TO make the appoint
ments on the ground that, being original Of
fees, they could not be filled 10y recess
appointments or without the sanction Of the
Senate He replied that with the vast pres
sure Of business ontaled by the closing days
Of Congress, 1t was impossible for him TO give
20 the selection Of Interstate Commissioners
the consideration necessary. He deferred the
appointments until after the adjournment OF
Congress, and the commissioners were con-
frmed al the ensuing session Of the Senate
That act also required the commissioners
20 be confirmed by the Senate. The Presi-
dent holds that the clause requiring confirm
alton by the Senate does not necessarily require
that confirmation in advance of the exercise Of
the judicial functions but that 1t will be
entirely lawful and proper 10 name the Judges
and for them 10 go ahead with their duties and
20 be confirmed at the session Ot the SenYe
next December. However. the question iAs
been referred TO the Attorney General for ms
opinion. II Is SAID that Chief Justice Fuller
and Justice Blstchford hare informally eX-
pressed he opinion that confirmation 10y the
Senate must precede the formal qualifications
of the judges.
JUDGE LEWIS CHANCES.
With regard 70 the possible appointment Of
Judge Lewis, Of Virginia, 1t can be positively
stated that e1-Congrossman McComas. OF
Maryland. is not a candidate for circuit nudge.
He is after place on the Court OF CLAIMS
which Will be made vacant during the coming
summer by the retirement of Judge Schoheld.
McComas said tonight that he was not an APP
picant for a circuit ludgeship.
William z. Hubbard, of Wheeling who was
defeated for Congress last election, Is an apph-
cant for place on the new bench.
FFETFER DETERMINED NOT TO GIT LEFT
Senator Pfefer. Of Kansas, has found the
way already 20 the pay desk To-day he pre-
sented himself 20 the Senate discussing officer
and asked If he could draw any salary. He
was informed that he could and most JOyfully
be drew Q months pay, which he had not
earned. The Senate has liberal system Of
paying salaries through a disbursing clerk,
who can advance pay 20 lnpecunlOus Soma
tors. In the House a more rigid rule obtains
SOckless Simpson. of Kansas seeing that
Pfefer had got an advance OF salary 30 easily,
essayed TO draw month ahead, but was IN
formed that the House was not so liberal;
that he would have 10 wait until the 18th OF
next month
The Western representatives Of the new
party seem 70 be hard up financially.
INDIANS AS SOLDIERS.
Secretary Proctor has issued these general
orders enlsting 1000 Indians IN the army.
The following named companies Troop l. of
each of cavalry regiments except the yth and
10TH and company Of each of the infantry
regiments Except the 9Th llth, 18TH, lyth,
24th and 25th) will be received by the enlist
ment Of Indians 20 the number of % for each
troop aud company. Whenever practicable
the enlstments for each regiment VIII be
made with in the department IN which the
regimental headquarters are located.
The officers in making such enllstmonts
Will be governed by existing laws and regula-
tous. but a competent knowledge OF the Eng
hsh language need not be considered an essen
ta qualification. and married men not exceed
ing ten for each troop or company may be en-
listed with the approval OF the department
commander. Enlistments Of Indians under
guished from enlistments of Indian scouts.
INDIAN SCOUTS REDUCED.
Reeimental commanders may, with the ap-
proval Of the proper department commander,
temporarily attach 20 the Indian companies
such officers as are especially fitted for service
herewith.
Ultimately nOn-commission oihcerS Tor
these companies Will be supplied by the ap-
pointment of Indians in tho manner indicated
by regulations but until this Is practical avail
able non-commissioned officers of either of
skeleton companies of a regiment may be
utilized or. II necessary. on-commissioned
officers from organized companies OF regiment
may be temporarily detailed.
The number of enlisted scouts viii be re-
duced without unnecessary delay 10 $50, ap-
poriioned as follows among the several de
parimeuts Dakota, 25; Platt, %; Missouri,
% Texas, l5 Arizona, so Columbia, TO-
CAPITAL MOTIFS.
Secretary Foster has fixed The salary OF the
Surveyor Of Customs at Nashville, Tenn, at
$1,000.
Secretary Foster has selected the site,
bounded by Lamar, Church and Houston
streets. for the erection Of the public building
al Paris. Texas.
The census Office to-day announced the pop
ulatiOn Of Texas 10y races White, l7il,lW;
nfNI. II a. -n- II