The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-03-29
Presidents Action in Appoint
ing q Brigadier Criticised.
a BIT OF HISTORY ReroLD.
Text Of the Minority Report on the
Senatorial Question.
IL Opposes the Seating Of the Appointees
On Constitutional Grounds-Senator
Roach's Record to Be Investigated
A Bitter Fight in Prospect.

WASHINGTON Crrr, March 2s-lspecial. f.
President Cleveiands appointment of James
Blackburn, of Kentucky, to be United States
marshal for that state, bids tair to bring the
president into trouble. There il opposition
upon all sides to the appointment of man who.
eight years ago, was not deemed worthy to be
made q collector Of internal revenue by Mr.
Cleveland. An interesting feature of the case
10 the following editorial from the New York
Ercning Post of June 1885, at the time Blackbu
was being considered for q gogernment place,
and under the circumstances 10 very valuable
Said the Post editorialIy:
The administration il developing a commend.
able dispositiOn to undo q blunder Through
too implicit reliance upon indorsers whose
president was induced to appoint a brother of
Senator Blackburn - collector of internal
revenue in Kentucky. and Secretary Bayard,
too, promised the consulate at Nagasaki. Japan,
to J. Ernst Meier. The latter turned out to be
not only IN unreconstructed rebel, but q fellow
OF most disreputable character in his personal
ana domestic relatiOnA
Blackburn proved to be q typical Southern
bully and bfaggart Of the ante-war period who
celebrated his advent in the Confederate service
by writing letter worthy Of the average dime
novel hero, in which he declares his desire to
make the Union men of Kentucky feel the edge
OF my knife" invoking hell as his portion If he
ever spared one OF them and expressed his hope
TO ''see Union blood run deep enough for my
horse to swim in" The appointments of both
these rufiians have been revoked and the lesson
which such incidents teach will hardly be lost
upon the appointing power.
Meier was recommended for appointment not
only by the leading Democrats OF Colorado, but
by prominent Republicans like Senator Bowen,
ana equally strong Endorsements can be secured
BY almost any clever scamp The Meier and
Blackburn cases furnish fresh arguments In
favor of Assistant Secretary Fairchild's sugees-
tion that the names Of all applicants for Office
be made known before action 10 taken publicly.
as the best safeguard against fraud in this a. in
every other matter. Is Black burn or Mr.. Cleve-
land the one who has changed 80 greatly in the
past eight years? II the present appointment
due to Mr. Cleveland . needing tho vote of Black
burns senatorial brother? Why does not the
president vindicate Meier also? These are some
OF the important questions asked here.
1t was . dramatic scene that was enacted In
the senate chamber this afternoon when senator
Hoar rose and introduced . resolution to inves-
tigate the past career OF Senator Roach, tho new
Democratic senator from North Dakota, who In
charged with being an embezzler OF bank funds
In this city fourteen years ago. 1t was a scene
that was enacted for the first time In the senate.
and never before has Q senator risen to propose
an investigation Of the past record OF brother
senator. The galleries were filed, AL the sena-
tors were in their seats and when the clerk
read the resolution every eye was turned upon
Senator Roach. . mild appearing man Of 50 years,
who sat on the last row Of the Democratic side,
In the place that last session was occupied by
Senator Hill, but the North Dakota senator
never flinched. He listened to the resolution
with as unconcerned an air a. if he had been
listening to some dry department report, took
upa pen and proceeded to write . letter With a
hand as steady as If nothing that concerned him
was happening or could happen. He paid no
attention to the looks that were fastened upon
him. At the close he said he had nothing to
say Tor publication. and was apparently the
most unconcerned person in the chamber. Had
Mr. Roach followed the advice of his friends
and his own desire. he would have before this
made statement on his own behalf on the floor
OF the senate. This 10 the advice which has been
given him by oil his friends. and he holds
that opinion himself that such Q course would
be best. but he 10 acting under instructions from
Senator German. The Maryland senator has
told him that the Democratic senators will
stand by him and for him to do aud say nothing.
Roach has promised to obey the instructions
and German will be the leader of the opposition
on the investigation matter. The Democrats
will take the ground that the senate has no
right to make such an investigation; tnat Roach
10 member of the senate and was duly elected
and that they have no right to go behind the re-
turns. The Republican senators cay that
Roach owes it to himself and the senate to see
that no such stain rests on it, good name,
HoIuetuIuX Oh WulCn the senate
Jealous, and the Democrats should really be the
ones to take the initiative in this matter There
10 promise OF long contest over the matter Of
having the committee on privileges and cleo
tions investigate the charges made in the news
papers against Roach, which will probably pro-
long the session. The Republicans will fill
buster, If necessary, and talk days and weeks
on the subject if the Democrats try to stifie in
vestgation. Some of the Democratic senators
think of fhaiP marty caD mt HovN tn IN
have this investigation of one of their own
members made, but German will have them pre-
sent a solid front in Roach's protection and
have the adoption of the resolution refused.
The minority report of the committee on
privileges aud elections on the case OF Lee
Mantle, appointed senator by the governor of
Montana, finding him not entitled to a seat, Was
submitted by Chairman Vance today Ii Is
signed by Vance. Gray. Palmer and Mitchell.
the report says that the question is: Could the
governor of a state appoint senator at the be-
ginning of a term, the Legislature being in ses-
sion and falling 10 elect? 1t contends that the
original terms of senators must begin by being
chosen by the Legislature; that as there are bnt
two ways OF constituting senators there are but
two ways of creating vacancies, one by the ex-
plratiol of the term, and the other py accidental
or unforeseen happenings, such as death, res gna.
tion, expulsion or disqualification. The report
deals at length with the manner OF constituting
the senators and creating vacancies. Touch
ing on the contention that the consti-
tuition requires the senate membership to
be filled by any and all means, the re-
port denies the correctness of that statement,
although its purpose was to have the state rep
resentation full by the operation of the provis-
ions for filing the regular terms both at their
beginning aud as they legally expire, and pro-
viding against any accidental or unforseen cas-
ualties by which the seats thus lied might be-
come vacant other than by the legal expiration
OF terms The report continues:
Further than this. no man can say that the
constitution makers intended TO GO The ma
iorily say that the permisslye power TO appoint
controls, and 10 paramount TO the mandatory
power OF the Legislature 10 elect, which is .llog-
zeal in the extreme. The language clearly Is
to keep the senate fun by appointments and
nothing more. In every mention IN the consti-
tuition of the creation OF senator's but one cleo.
ton is contemplated The danger arising from
the failure of state to have full repressn on
TOR q snort time is not for a moment TO DO COM
pared with the danger " hich comes from a de-
par;ure from the constitution The spectacle
and in the same manner and by the same or sim
liar combinations refusing 20 perform their con-
sti,utional duty OF e.eclIng senators to this
body for tie purpose OF throwing the appoint
rens into the hands of the executive under the
vicious precedents which have lately been e.
tablis he'd il little abort Of q scandal upon the
constitutional government IL enables us to
see with what ease ambitious and aspiring men
in every legislature, by a com moination With the
the plalu purpose of the constitution. In the
case. q. Mantle and beekyith the IexislsfUr res