The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-07
/, HARD SLAP AT The SENATE.
-,,s1EY AGAIN MADE POsTnAsTER
AT sIOUx PILLS.

-,.slev First NOElina ted for the PO-
-s,ion During the second Session
,fthe Last Congress, But the Nom
t,atfon Allowed TO Ilemain Tn
cred UpOn-The Nomination sent
s, second Time and Then Re-
iected-The Rejes tfOn Vow Follow
- by a Recess AppOintment-Has
Rut Two Parable Il.
washington. Marcra 6.-The action Of the
resilient yesterday in making a recess
ointment of alfred D. Tinsley to be
-,srmaster at Sioux Falls, S. D.. has
.srssd much comment among such sena-
.--s as happeIied to be about the cap
,-,- today. This nomination was made
during the second session of the Fifty
--f-i congress and was permitted to re-
--4fa unaoced upon until that session
sf7urned. This was due tOthe opposition
o+ssnator Pettgrew. who resides at Sioux
Falls. il being an unwrttten law of the
senate that The man named for postmaster
If the home town of a senator must be
sc-sntable to the senator.
In the debate on this case. Mr.. Pettigrew
made some plain statements, chief among
mem. it is alleged. being one that Tins
isv was a political enemy with whom the
south Dakota senator would be unwilling
- trust the care of his mail that might
pass through the office The fight against
rinsley was quite hoA in the second SEES
sion but no action was taken, and i'm
-ae5iateIy upon the adjournment he was
again nominated. The opposition of Mr..
Pstugrew was renewed. and on almost the
last day of the session Tinsley was re-
jected by a ve-y large majority of the
votes cast. Flaving been rejected, this
was supposed TO be the end of Tinsley; but
no sooner had the Senate adjourned than
he was again given a recess appointment,
which viii stand good until his case Is
again acted upon by the Senate.
Senator's who have looked iatU this case
say it has but one or two parallels in the
history of congress. Section two of ar
tice two of the constitution, defining
the powers and duties Of the President,
saws that he shall have power by and
with the advice and consent of the Sen
ate to appoint ambassadors,
and all other officers Of the United States
whose appointments are not herein other
wise provided for" etc. 1t has always
been held that tie rejection of a nomina-
ton was the Withholding of the Senates
consent and bat few Presidents have
ever overrdden that decision. President
Grant did il once and so did President
Harrison, during the first part Of his
term. Senator's claim that by carrying
the matter to the point to which it has
been carried in this case. the executive
is able to nullify the provision Of the con-
stitution providing for the consent of the
Senate-a construction the constitution,
they assert does not justify.
one very prominent democratic senator
said this afternoon THAT while the letter
of the law had not been violated its
spirit had and that the whole thing was
simply a question of taste so far as the
President was concerned. If he saw fit
to disregard the wishes of the Senate
there was no power in the Senate to re-
strain him.
one thing may, however, result and that
is 2 rupture at the beginning of the next 4
session OF congress and a vigorous de-
inand for recognition Of that courtesy
that senator's contend belongs to the con
senuhs power in the matter of appoint
menis. If the senators remain after the
ni7e months vacation of the mind they
appear TO be in now, the Tinsley case
VIII be made "A precedent for their future
guidance in the matter of confirming or
rejecting nominations sent to the Senate
il promises to become a celebrated case
IN the annals of this congress.
The two new examiners-in-chief of the
patent office, Arthur j. Greedy and John
H. Brickenstein, who were nominated by
The Senate to succeed Judges Bates and
Clarke. and who failed of confirmat ton and
We're re-appointed by the President, to-day
qualified for office They will not assume
their duties until April 1. Judge Bates,
VINO rendered his resignation upon re-
quest will continue the work until that
date, but Judge Clarke, who refused to
resign, was removed. His duties will be
attended to by the other examiners of the
Office during this month.