The morning times., 1895-12-25
SENATE ASKED TO DECIDE
Great Constitutional Question In
voIved in a Private Petition.
HAS NEVER BEEN SETTLED
Mr.. H. l.. b. Clarke Claims He Is Yet
Chief Examiner In the Patent
Office-Is Not Drawing the Salary.
His Claim Introduced by Senator
AHisOn-Want Information.

Mr.. Rufus L; B. Clarke claims that ht
is still exaininer-in-chief at the Patent
Office, though he is not drawing the salary
He wants the Senate to put him in the
way of getting the monthly sum which he
claims is due. In order to do this Senator
Allison presented Mr.. Clarke's petition
TO the Senate and 1t was referred to
the Committee on Patents.
If Mr.. Clarke's contention is upheld by
the Senate there Is no telling what will
come. 1t Is the same principle upon
winch the Impeachment proceedings Of
President johnson were begun. The set
tlenent of Mr.. Clarke's claim, IL it is
settled, Will also set at rest the mooted
question OF executive authority.
CAESAR OR EMPEROR"
MFR. Clarke was appointed an examiner
in-chicf in the Patent Office April 81,
1869, and served until February 10,
1895. when he was asked to resign. He
refused to do this, and on February 2S
he received the folio wing note:
Executive Mansion.
Mr.. Rufus L. B. Clarke, Present:
"Sir-You are hereby removed from the
office OF exaininer-in-chief in the Patent
Office, to take effect upon the appoint
mcnt and qualification OF your successor.
Respectfully,
"GROvER CLEVELAND.
Through the Commissioner OF Patents"
Mr.. Clarke CONNIE nts on tins note in this
way:
lit is appropriate that this order should
have been signed, Caesar, without the
useless appendage Of emperor.
MR.. CLARKE's BRIEF.
Mr.. Clarke, in his brief which is quite
lengthy, refers TO the history of his case:
how he was forced out despite his protests
and his successor placed in charge. He
devotes great deal of space to IA discussion
OF the legal and constitutional points in
volved and closes by claiming:
That the President has no constitutional
power TO remove any officer appointed by
him''by and with the advice and consent OF
the Senate" II such power exists it is in
the President and Senate jointly.
He further claims that Congress has the
only constitutional power to regulate and
fix the tenure of office; that the supposed
order for his removal was invalid, being the
act of Grover Cleveland" and not of 1.-The
President
He further claims that even con needing the
President has such power. it only relates
10 executive officers acting as his sub
orIinates and performing executive duties
and for whose acts and conduct lie is re-
sponSiblc.
FOR KNIGHTS OF LABOR.
Senator Call, on behalf OF the Knights Of
Labor OF the District. presented a reso-
luton calling on the District Commissioners
to furnish 10 the Senate the streets. ave
Ducs. alleys and reservations in Wash
lngtOn and Georgetown partially or wholly
IDpavcd and without water mains and the
cost of fully improving them.
An estimate of The full amount required
10 carry out The provisions OF The act of
March, 1898, to provide permanent sys-
lem of highway in the District OF Colum-
bia outside the city of Washington. and
he number of feet of land. streets, ave
lucs. reservations and buildings TO be
condemned in carrying out the provisions
Df this act aud the valne OF the same; an
estimate of the cost. of carrying out the
provisions of the act. and an estimate of
he private aud public property in the Dis
rict outside of Washington.
A Statement showing the amount of
axes collected in Washington. George
own. and the county, by years, from 1878
% 1894. and the amount expended in each |
yf said sections by the District of Column
,ia for the same period.
The amount OF the revenues OF the Dis
rict applied by the Treasurer of the |
United States TO liquidate any undue debt |
IF the District of Columbia to the United |
states or other parties from 1878 to 1885. |
rom what fund taken, and 10 what debt |
applied. and an estimate of the amount |
If revenue OF the District Of Columbia thai
will remain above the appropriation asked |
or at the end of the years 1895 and 1896. |