Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-08-18
NOT SURE HE'S RIGHT.
The President May Be Con-
yinced That Three of His .
Monetary COnfereeS
HAVE NO RIGHT TO ACT.
What the Constitution Has to Say on
the subject at issue.
THE QUESTION ABOUT ONE POINT.
No objection Raised to the >Ominees on
Personal rounds.
NEW CHARGES ABOUT ARMOR PLATES
NEW CHARGES AB0UT ARM0R PLATES
rrRoN A STAFF CORRESPONDENT

in The argument that Senators Allison and
Jones and Representative McCrearv are
not eligible to hold office as members of the
Monetary Conference, there is good reason
for the statement that President Harrison
is not convinced in his own mind as to the
legality of the appointments, and that the
whole matter may yet be referred to the
Attorney General for an opinion. If it
come to that, it is assert ed by some of those
who ought TO be best Informed on the SUBJ
ject that the Attorney General will be COM
PEELED to decide in accordance with
plain precedent, which will show
that since the erection of the Constitution
no suck appointment has been made or, if
made, 1t has been Withdrawn, as in the ease
OF ex Governor kirkwo ood, OF Iowa, who re-
signed his seat in the Senate to accept the
position of Secretary of the Interior under
President Garfield, resigned that office upon
the succession of Arthur and was pre-
vented from accepting a place upon the
Tariff Commission Tor the reason that the
act creating the commission became law
during the term for which he was elected,
though he was not a member OF the Senate
at the time the law was enacted.
W hat he NOnstitutlO7 Has to saw.
The Constitution of the United States, ar
ticie /. section 6, prescribes that mo Sem
ator or Representative shall, during the
time for which he was elected, be appointed
to any civil office under the authority of
the United States which shall have been
created, or the emoluments thereof increased
during such times; and no person holding
Office under the United States shall be
member of either House during his continu-
ance in office"
1t would seem that the whole case rests
upon the definition of the meaning of the
term 'civil office" 1t is claimed BY per-
sons who have some reputation as expound-
ers of the meaning and intention of the Con-
stitution, that any Office created by
act of Congress, and to which the
sanction OF the President is
TSas either Of the houses sV of co1sFss: Oes
may provide for committees of investiga-
tion to go upon junketing tours at the ex-
pense of the Government during recess of
Congress, but these are not civil Offices, but
merely operations in pursuance of an order
of the body Of which they are members 1t
is argued that the clear intent of this pro-
vision of the Constitution was to prevent
collusion between the Executive and the
legislative arms of the Government to re-
ward favorites of the administration, and,
therefore, that a Congressional iunketing
tour TO Europe or elsewhere, in pursuance
OF formal act of Congress, brings the Jun
keters under the prohibition of the Consti-
tuition, which declares that no member of
either House of Congress may hold civil
Office created or whose emoluments were
increased, during the term for which he was
elected.
Kirkwood's Case Left No Doubt
In the case of Kirkwood there could have
been no moral objection, as he was ap-
pointed from civil life, but the language of
the Constitution was SO plain that the ex-
Senator accepted, without protest. the opin-
ion that he could not accept a civil Office
created during the term for which he was
elected, though he had nothing to do with
the enactment of the law creating the
Office
If ever the Constitution could have been
properly strained it was in connection with
that appointment In the instance under
discussion two of the Congressman ap-
pointed members of the monetary confer
ence were active leaders in advocacy of the
enactment of the law creating the confer
ence, and of which they are about to be-
come beneiciaries. Senator Jones, of Ne |
vada, opposed the bill because he |
was in favor of free silver,
and if the free coinage bill had |
been passed by the House and signed by |
the President no monetary conference |
would have been necessary in the opinion |
of the silver men. Senator Allison and |
McCreary urged the con- |
ference as one of the means of defeating the |
free coinage bill, though for different rea- |
SONS. They would seem to be peculiarly |
affected, therefore, bv the prohibition of |
the Constitution. Indeed, Senator Allison |
was specially instrumental in having i'm |
portant changes made in the bill as it was
reported from committee, and his appoint 1
ment, under the circumstances, makes him !
and the President conspicuously liable to
the charge of collusion.
The Nominees Entirely Unobj rctionabIe.
OF course, no one objects on personal |
grounds to the appointment Of any of tine /
gentlemen. They are all admitted to be |
eminently well fitted for the Office OF COM
to great monetary convention /
which may have vitality important results.
The discussion on all sides is based purely |
on the constitutional basis
Some one to-day in the public prints |
asserts that the cases of Senators Allison
and Jones and Representative McCreary are (
Identical with those OF Justice Harlan and |
Senator Morgan, who were appointed men,
bers of the Bering Sea arbitration. Nobody
has ever disputed the eligibility of Justice
Harlan, and as to Senator Morgan, he is ap-
pointed under an act of Congress, but by
virtue OF treaty with a foreign country,
and with which Congress as a body has
nothing to do. No act creating the office
was passed by the two Houses of Congress
md signed by the President The cases are,
therefore, not parallel. Of course the
President may ignore the Constitution, and
The authorities of the States of which AIli-
ION and Jones and McCreary are citizens
nay pass the matter over in silence In
he case of Senator Allison, however, whose
life is now made pleasant by the thought
hat he is governed by q Democrat, a
peculiar condition of things might arise.
Allison in a Sort of Box.
The moment the acceptance BY Senator
Allison of position as member Of the mon
.tary conference is announced Governor
Boies might be seized with an uncontroll-
Lble desire to declare his Office as Senator
7acant and order new election. He would
,e borne out by precedent (though not in
he case OF Senator) in such a step, and by
he letter of the Constitution as it is inter-
,reted by some very eminent authorities
4 number of friends of the gentlemen now
o much discussed are looking on with in
erence of opinion.
A story has been in circulation to-day
hat reflects severely on Secretary Tracy
nd Commodore Folger, Chief of the
bureau OF Ordnance. 1t is, in
rief that these officials, without
onsultation with board of officers. as pre-
cribed by law, made important changes in
be construction of the turrets of the new
a TT asthma and that +, consaouant ohonoa