Birmingham age-herald., 1895-03-07
DESPITE TIE SENATE President Cleveland Names Alfred D. Tinsley as Postmaster
OF SIOUX FALLS, S. D.
His Nomination Opposed by MT. Pettigrew-The Appoint
 ment Causes Comment.

WASHINGTON, March 6.--The action of the president yesterday in making a recess appointment of Alfred D. Tnsley to be postmaster at Sioux Falls. s. D., has caused much comment among such lgisla- tors as happened 10 be about the capitol to- day. This nomination was made during the second session of the Fifty-third cou- gress and was permitted to remain unacted upon until that session adjourned. This was ue to the opposition ot Senator Petit grew, who resides at Sioux Falls, it being an unwritten law of the senate that the man named for postmaster of the home town of a senator must be acceptable to the senator.
 In the debate on this case MT. Pettigrew made some plain statements, chief among them, il is alleged, being one that rinsley was political enemy with whom the South Dakota senator would be unwilling to trust the care of his mail that might pass through the office. The fight agains. Tins ley was quite hot in the SC, ond session, but no action was taken ,and immediately upon tue adjournment he was again nominated. The opposition of MT. Pettigrew was re- newed, and on almost the last day of tue session liasley was rejected by very large majority of the votes cast.
 Having been rejected this was supposed to be the end of 1insley, but DO sooner had The senate adjourned than he was again given recess appointment, which will stand good until his case is again acted upon by the senate.
 Senators who have looked into this case say it has but one or two parallels in the history of congress. Section of article 2 oftL constitution, defiDing the powers and duties of tho president, says that he shall have power, "by and with the advice and 2 tAInhlRsa- dors and all other officers of the United States whose appointments are not herein otherwise provided for, ,'' etc.
 It has always been held that the rejection of nomination by the withholding of the seuate's consent was a final decision, and but few presidents have ever overridden that decision. Grant did it once and so did Harrison during the first part of his term. Senators claim that by carrying the matter to tbe point to which it has been carried in this case the executive is able to nullify the provision providing for the consent of the senate, a construction of the constitution, they assert, which does not justify.
 One very prominent democratic senator said his afternoon that while the letter of the lsw-had not been violated =ita- spirit had, and that the whole thing was simply question of taste, so far as the president was concerned. IT he saw fit to disregard the wishes of the senate there was no power in the senate to restrain him.
 YtOne tnluB mayy noWeVef, Icsult, anu that is a rupture at the beginning of the next session of congress, and vigorous demand for the recognition of that co urtesy that senators contend belongs to the con- senting power in the matter of appoint ments. If the senators remain after the nine months vacation of the mind they appear to be in now, the Tinsey case will be made precedent for their future gud- ance in the matter of confirming or It ject- ing nominations sent to the senate. It promises to be a celebrated case in the annals of this congress.
 TWO OTHER SIMILAR CASES.
 The two new examiners in chief of the patent office, Arthur P. Greedy and John H. Brickenstein, who were nominated to the senate to succeed Judges Bates and Clark, and who failed of confirmation and were reappointed by the president, today qualified Tor office.
 They will not assume their new duties until April 1. Judge Bates, who rendered his resignation upon request, will continue the work until Monday, but Judge Clark, who refused to resign. was removed. His duties will be attended to by other ex- aminers of the office during this month.