Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-10
THE COURT OF APPEALS.
No Nominations Today-Ths Question Of
Recess Appotntmenss-

40 Nomtnaoons IOday-1ne Question Of
Recess Appointments
The time passed today in which the Presi-
dent usually sends his days batch Of appoint
ments 10 the Senate without the usual dips
OF paper being scattered among the anxious
crowd always waiting at the CAPITOL The
President having only returned to the city a
short time before noon il was early in the day
concluded that no nominations would be re-
ceived.
So far a. Washington Is concerned and really
also SO far the general country is con-
cerned the only important appointments which
are still expected are the three judges Of the
new District Court of Appeals.
These appointments. il was thought today
would certainly be made before the adjourn
ment of the Senate, the nominations con-
drmed and the court put on a working basis
II RECESS APPOINTMENTS WERE MADE
In the discussion Of the matter some
points are spoken OF which might pos
sibly render any appointments TO these
positions made during a recess unlawful
The bill providing for the new court
became a law on February 9. although il did
not 60 into effect until April 8. There is
some question whether these places could be
considered as vacancies occurring during
q recess Of the Senate Article H. section
2, paragraph OF the Constitution. however,
says on this point: The President shall have
power to fill up all vacancies that may happen
during the recess Of the Senate by granting
commissions which shall expire at the end
OF their next session" A strict construc-
ton might hold that these vacancies not
Happening" during a recess could NO, be
niied by commissions. Several Sena-
tors to whose attention this
point was drawn today were generally Of the
opinion that the positions could be
filed during the recess, although they
were OF opinion that no such necessity
opinion, although he had no doubt of the ap-
pointments coming in before adjournment.
THE CANDIDATES.
The general question of the possible appoint
ments remains pretty much as last week, with
nearly everybody at sea. Mr. James Keith.
who has been spoken of, is said
to be booked for the court
of appeals of Virginia, from which state he
halls, while Col. Thos Smith, also from yir-
ginia, and also spoken Of. has it is said, tur ed
his attention to something else.
The friends of Senator Faulkner DENY en-
phaticaliy that be has withdrawn in any way
from the contest for iudgeship in the new
Court Of Appeals. They say that it would be
impossible for Senator Faulkner to with
draw from the contest inasmUch as personally
he has never entered it. Senator Faulkner
position. as stated to a STAR reporter today, has
uniformly been one Of simple acquiescence
urge upon the Presiden his qualifca-
tons for seat in the new court.
Senator Faulkner, they say, has beloved
throughout that in cases Of judicial appoint
ments Of this class the Office should seek the
man. Owing to domestic affairs, mainly, he has
been willing to accept the appointment, but
in no way has striven for it. The
same gentlemen also claim that in no way &C
cording to the letter of the c constitution could
Senator Faulkner be debarred from such an
appointments
WHAT THE LAWYERS THINK.
1t was generally thought about the City Hall
today that the President would send the names
of the three members of the District Court of
Appeals to the Senate this morning and his
failure to do so increased the suspense existing
in local legal circles.
There is belief about the city hall that I'M
less the President makes the nominations and
secures their confirmation before the adjourn
nent of the Senate the positions cannot be filed
until after the next meeting of the Senate.
1t is understood that this opinion is held by at
least two members of the District bar, who are
believed to be candidates for appointment on
the bench Of the new court. The posi-
ton is taken by those holding this opinion
that the Offices having been created during the
PiSbchb eesslOh Vi tiic GSIalS must DC
filled during the session, and if they are not
the vacancies. after adjournment. will not be
those contemplated by section of the second
article of the Constitution quoted above.
or course, there is no unanimous opinion
among tine local lawyers on this subject. all
though the opinion stated above appears to be
the prevailing one. Those VINO do not so
hold are Of the opinion that the Constitution
contemplates any vacancy which may occur, no
matter how caused. A similarity between the
present case of the vacancies on the bench
of the Court of Appeals and the vacancies oc-
curing in the Senate through the failure re-
Gently of several OF the northwestern states to
fill them before adjournment is pointed out
by those who hold that the President must
nominate the judge before the adjournment of
the Senate. it being asserted that the vacancies
in the Senate occurring during the session Of
the state legislatures the governors OF the
states did not possess the power to subse-
quently fill the vacancies by appointments.
For the reason that there is undoubtedly
some doubt existing in the matter
it is not believed that the Presi-
dent would endanger the standing Of
the new court in any way whatever by failing
to make the nominations before the adjournment
of the Senate. and therefore the mem
bers Of the bar feel that the nomi-
nation Of the three judges will be
made early this week. In fact il was
stated at the City Hall today that only the
Presidents departure from the city Saturday
afternoon prevented the nominations being sent