Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-08-23
THE vICKsBURa POSTMASTER.
The Attorney Generals Opinion A. to His
Right to Continue in once.

The Attorney Generals Opinion A. to His
Right to Continue in once.
In response to a request therefor by the Post
master General Attorney General Miller has
given opinion in the case of James Hill,
postmaster at vicksburg, Miss. The facts in
the case are as follows
Under date Of June g. 1891, Mr.. Hill was
commissioned as postmaster at vicksburg, his
commission, under the provisions of the statute,
to continue until the end Of the next session
of the Senate, and no longer. After the
assembling OF Congress in December, 1891, the
nomination of Mr. Hill was duly sent to the Senate
for consideration by that body. The Senate,
however, adjourned without taking any action
thereon. Mr.. Hills commission has Therefore
expired by limitation of the law, thus creating
vacancy in the Office.
Upon this statement OF facts the Postmaster
General requested an opinion as follows:
First-The post Office at Vicksburg having be-
come vacant, as stated will the responsibility
of the sureties on the official bond OF Mr.. Hill
continue for sixt, days under the provisions of
section 1886 Of the Revised Statutes, provided
the vacancy is not supplied during that time?
Second-Can the sureties lawfully assume pos
session of the post Office and the government
property therein and depute one Of their num-
Der, or another person. ms acting postmaster, to
perform the duties of the Office until successor
is appointed and takes possession?
After quoting the section of the Revised
Statutes referred to in the request for this
opinion the Attorney General says that the
words whenever the Office of any postmaster
becomes vacant" are general, and, in his opin-
ion, include the case under consideration.
The expiration of Mr.. Hills commission, it is
held. does not put him or his sureties in any
different relations to the government than are
occupied by n postmaster and his sureties
NJ lSsln I'm
expired. While postmaster he was as
fully SO as if he had been confirmed by the Sem
ate, the only difference being in the tenure OF
the Office. The President has the same power
to commission him. or any other
Of the next session of the Senate. as was
exercised originally in his case. Until some
action is taken by the President or the Post
master General it is not to be supposed. says the
opinion, that the duties Of the Office are to re-
main undischarged and the public service to be
brought to a standstill. To avoid this Congress
has provided in the section referred to that
every postmaster and his sureties shall be re-
sponsible under their bond for the safe keeping
of the public property Of the post Office land
the due performance of the duties thereof
until the expiration Of the commission or until
a successor has been duly appointed and quail
fed and has taken possession of the Office"
The word ''or' in this connection. in the
opinion of the Attorney General, should be read
"and." Mr.. Hill, it is held. was under no obli-
gaticn to surrender the Office and turn over the
property until the expiration Of his commits
sion. These acts followed necessarily the
expiration Of his term. How long time
can be taken in these necessary acts? The act
in question has allowed sixty DAYS in the alb
sence of action by the President or the Post
master General. The opinion is therefore ex-
pressed that section 1886 applies to this case.
The Attorney General concludes his opinion as
follows:
ut may be said that this construction
enables the President to fill this and similar
offices continuously without the advice
and consent Of the Senate. I think not.
1t is not to be presumed that the duty
enjoined upon the President of filling such
vacancy without delay will be neglected
longer than is necessary to enable him to make
the proper selection, or that he will seek to
assume power which belongs to him generally
in conjunc ton with the Senate. Such pre-
SYMPTOMS as has been before said are incom-
patible with the character Of the high Office
with which the votes Of an intelligent people
have intrrlsted the President The Constitu-
ton provides for the expiration Of the
commission. 1t in no way affects the Office
or provides that its duties shall
cease. Mr.. Hills term was limited, but
Congress has provided for the con-
tinuance of the business of the office by provid-
ing that the incumbent and his sureties shall
continue to manage it and discharge its func-
tions until the vacancy is filled or you send
agents to take charge thereof. I therefore an
swer both your questions in the affirmative"
1t is stated at the Post Office Department
there have been a number OF cases similar to
this. and in each instance an appointment has
always been made within day or two after the
adjournment of the Senate or an inspector of
the department has been placed in charge Of the
Office. There has not, however, been judicial
opinion rendered in such case. The opinion
is regarded as important, as being contrary to
the views heretofore entertained by Postmas-
tiers General during. the last twenty years or
more.