Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-13
PROMOTIONS BY SENIORITY
Commodore Erben's Application of Vital
Importance to Naval Officers.
The Question of the Presidents Power
In the PremiSes-AIleEed Conflict
of Statutes With Constitution.

The application of Commodore E-ben,
commanding the European station, for rro-
motion to the grade of rear admiral on the
retirement of Admiral Benham on the 10th
p.oXimo raises a question of the highest
importance to naval officers 1t is as to
the authority of the President to make
promotions in the navy, regardless of
seniority. There is no doubt whatever that
there are statutory obligations for the
recognition of seniority in such appoint
ments. The question at issue, however, is
as to whether such statutes are of binding
force in SO far as they tend to conflict with
the constitutional prerogatives of the Presi-
cent IN the matter of appointments. "he
point Is made that the statutes providing
that naval promotions shall be made by
seniority of service are. in view of the con-
stitutional provisions, advisory merely, and
Go not bind the President to that method
or selection when, in his judgment, the
interests of the service can be best sub
served by departure therefrom.
Some naval officers hold that 1t will take
a special act of Congress to legalize the
appointment or Commodore Erben ad-
miral over the heads of Commodores Fam
say, Skerrett, Fyffe and Stanton. O,nars
contend, on the contrary, that the same
OBJECT can be legitimately accomplished by
nomination by the President and coniirma-
ton by the Senate. There are said to be
many cases that could be accepted as pre-
cedents for the latter contention only
however, so far as 1t applies to the Presi-
dents constitutional power in the matter
or appointments. None of these are exact
~ like the present case. They are mostly
instances of where officers have been re-
moved from the service by the simple
nomination and confirmation of their sue
cessors. Such action was in apparent con-
traVention OF the statutes, but whenever
IN question 1t was sustained by the courts
on the general ground that the statutes
were in conflict with the constitutional
powers of the executive. 1t is argued by
the IrlendS OF Commodore Erben that this
principle can properly be applied to his
case. they say that the equities of the
case are all In his favor, and that he is
whiiis 10 take the chances of the legality
OF MS promotion In the manner indica ed
PROMOTION by selection, which is practi-
cally the question involved in the case of
commodore Erben, is a matter of vital in
terest TO the navy. 1t is one of the prin-
cipal features of the plans proposed by Sec
retary Herbert and Senator Hale for i'm
proving the personnel Of the navy Con-
sequently the Presidents action on the an
phcatlon OF Commodore Erben will be
awaited with considerable anxiety by the
naval service. 1t is not at all improbab BILE
that In case Erben is nominated and con-
nrmed as an admiral over the heads of his
seniors ON the list of commodores that the
legality of the transaction.
mere Is an impression at the Navy De-
partment that the President will avoid
legal entanglements that might possibly
arise from radical departure from the
system of promotion by seniority by ignor-
ing the claim of Commodore Erben. Owing
10 the high grade of the officers involved
In this controversy the Presidents action
upon 1t will necessarily have a far reach
ing influence In the service.