Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-04-02
Tho Ioipt Commission.

The Joint Commission.
The question Of the right of the Presi-
dent of the United States to appoint men,
bers of Congress rs delegates 20 the In
ternational Bimetallic Conference of last
year was raised by rs at the time OF their
appointment, and. as is now indicated by
tho facts, vas no doubt then raised by
other persons. But so little attention was
paid TO the matter. which was indeed
passed over as if 1t bad been unworthy of
even the slightest notice. that we came TO
the conclusion that the able lawyers IN
Congress had investigated the question
and decided that the point was not good
one. But the question appears in new
light now, So skilful a constitutional
lawyer as Senator HoAR has declared 1t to
be his opinion that Sir. HARRISON did
wrong when he appointed members OF
Congress delegates TO the Brussels Bime-
talhc Conference NJ. HoAR quoted the
Federal Constitution as follows:
mo Senator or Representative shall, during
the time for which he was elected, be appointed
TO any civil once under tho authority OF the
United States, which shall have been crented, or
the emolumonts whereof shall have been in
creased during such time; and no person hold
ing any office under the United States shall be a
member Of either house during his continuance
IN once"
Mr.. HoLB argued that a habit seems TO be
growing up Of establishing certain public
duties or functions. which are in all re-
spects analogous TO those performed by
civil officers. and imposing them upon
mombers OF Congress. He said that no
man had higher regard than he for the
gentlemen selected to goto Europe, but he
thought 1t was tune for the Senate TO con-
slder whether this practice should go on'
This speech Of Mr.. HOAEs was called out
by a discussion which had begun IN the
Senate on the following law passed at the
last session of Congress as part Of an ap-
preparation bill:
That q FONT commission consisting OF three
senators. members OF the Iiity-third Congress,
% be appointed by the present President Of the
Senate. and three MON bcrs-eioct to tho House
Of Representatives Of the Ffty-thrd Congress,
70 be appointed by the Speaker OF tho House Of
Representatives. Of tho Fi'ty-sec0nd Congress,
shall during the Ffty-third Congress inquire
into and examine the status ~ the laws organ
izipg tho executive departments, bureaus, d.
visions, and other government establishments at
the national capital: lac rules regulations, and
methods for the conduct OF the same
Concerning this law, Mr.. CALL, of
Florida. introduced into the Senate few
days ago the following resolution:
Rsso.red. That the enactment in the act
making appropriations for legislative, execu-
tive and judicial expenses OF tho government
for the fiscal year ending June 80, 1894, and for
other purposes, approved March 3, 1898, cree
sting a commission TO be composed Of members
Of the Senate and the House, appointed by
President Of the senate and q Speaker OF the
House whose terms OF OfIice expired on the 9TH
,ey II March current, 10 examine into the civil
,rvice in the executive branches OF the United
tates aud 20 report and recommend TO the
resent and future congresses their opinion in
,lslation 10 tho exercise of the Legislative powers
4 each and both houses OF the Congress which
,hall convene In December, 1898, in respect to
he civil service OF the United States, is in dero-
cation OF the constitutional right, power, and
prerOgative Of each house and otherwise viola
tive OF the Constitution, and is absolutely null
aud void.
Under the law thus denounced Mr.. CUL-
LON, of Illinois, was appointed one OF the
three senators. He had not time to serve
on the commission, or at any rate was not
willing 20 serve upon it, and 80 raised IN
the Senate the question whether he could
resign. and II so whether the present
President of the Senate could fill the place
he would thus vacate. As the law did not
provide for such case the senators
naturally discussed the subject in friend
ly, quiet way. There was no party ques-
ton involved. the Joint commission con-
sistlng of Democrats as well as Republi-
cans. The questions involved were left
open, however, by MIR. CUILoM's with
drawal of his resignation.
Whilst tho appointment of the joint
corn mission to investigate the executive
departments was under consideration Mr..
HoAR referred TO the delegates to the Inter-
national BImetallic Conference, as follows.
We quote his words
eli the Senator FROM Alabama MR. Morganl,
whom We all respect, or the Senator from News
da (Mr. Joues), or the Senator from Iowa (Mr.
Allison, whom all respect, went abroad TO
perform an important constitutional function, 10
meet tho officials CT other nations, they went
abroad either as senators-n which case they
should not receive instructions from the admin
istration and should not report 10 the admins
tra.ion but should take their instructions from
us and make their report TO us-or they went
abroad as civil Officers"
This lattor-going abroad as civil off,
eeIs-is what Mr. HoAR contended United
States senators could not constitutionally
do. Mr.. CULLoN said that he did not
think he bad ever before got into an Office
which he could not resign and let some
body else fill. This fact was an additional
reason for considering the law under which
be was appointed as of doubtful constitu-
tionality. The appointments to the Brus-
sells Conference were also OF doubtful con-
stitutionality, we should say. though MIR.
ALLISON, one of the delegates TO the Brus-
sells Conference. stoutly maintained that
Is such delegate he held no constitutional
Office. had not vacated his seat in the
Senate. took no oath of Office, and had In
no way failed to perform his duties as a
senator. Mr.. HoAR reioined that no men,
Der Of the Senate could be appointed under
this constitutional provision and under
the statute which re-enforces it to act as
IN associate counsel for the United States
In any ordinary suit.
The questions involved in this senatorial
discussion are highly interesting ones. II
IN well tina, they can be passed upon by
hon.partisan Senate. Mir. MoRGAS's pres
ent mission TO Europe to settle the Bering-
straits question comes under Mr.. HoAR's
denunciation.
-------------
Points Overlooked.
In heyery interesting debate OF last week