Evening star., 1897-02-08
Mr.. DAVIS CASE
Not Considered by the Senate Ju-
dietary Committee.
BILL PASSED BY fHE SENATE TODAY
Its Significance as Interpreted by
His Friends and Opponents.
PRESENT LEGAL SITUATION

| A significant action bearing upon the con-
| firmation Of the nomination of Henry E.
Davis as attorney for the United States for
the District Of Columbia occurred in the
| Senate this afternoon Mr.. Hoar reported
| from the committee on the judiciary a bill
ito remove doubt as to the power of the
| Supreme Court of the District of Columbia
20 provide for a vacancy in the office Of
the attorney of the Uaited States for the
| District of Columbia" The bill provides:
| In case of a vacancy of the Office of at
| torney of the United States for the District
| of Columbia the Supreme Court of said
| District may fill the same and the person
appointed by said court shall serve until
an appointment Is made by the President
and the appo!ntee is duly qualified, and no
longer"
The bill was passed by the Senate without
objection.
While this action by the Senate does not
necessarily carry with it an indication of
antagonism to Mr.. DAVIS confirma ton, 1t
| shows plainly that that body does not pro-
| pose 10 oe IN great haste in acting upon
was not considered by the committee on
the Judiciary this morning. The committee
nad Quantity of business on the calendar
which IT desired to consider and pass upon,
and there was no time when II O'Clock
arrived to take UP Mr.. Davis nomination.
HIS name, with the names of several Others
was merely referred to, but as 1t would in
Volve discussion 1t was not considered
senators on the committee who are friendly
TO MIR. Davis confirmation declare that the
committees action in reporting the above
Dill merely indicates that they want time
to consider Mr.. Davis name and that n
does not mean that his nomina ton will not
be reported upon favorably. Those who are
aEtagoniStic to the confirmation however
declare that this action is taken in order
that the duties of the attorney for the
United States of the District of Columbia
| may be fulfilled during the balance of Mr..
CieVellnd's term of office, and that the ap-
pointment Will be left to Mr.. Mckinley
Inc next regular meeting of the committee
on the Judiciary will be held next We'd
Eesday. when Mr.. Davis nomination may
be considered.
delegation Of colored men called upon
the Senate judiciary committee TODAY to
urge the confirma ton Of Mr. Davis
The United States Unrepresented.
The United States is today unrepresented
by an attorney in the District of Columbia.
unless the Attorney General may be said
to be such, and it is not unlikely that the
government will remain unrepresented I'M
til the Senate confirms the nominal ation Of
Mr.. Henry E. Davis or that of some one
else But 1t Is claimed that not only Is
Inc attorney General authorized and en-
powered to represent the United States
here as an attorney, but 1t Is also asserted
that he may direct the solicitor general or
any officer of the Department Of Justice
to do SO.
This power and authority are gwen. it is
| said. by section 1853 of the Revised Statutes,
which says that 1.-The Attorney General
may. whenever he deems it for the interest
| of the United States, either in person CON
cuct ana argue any case in any court of
the United States in which the United
States is inter ested, or may direct the So
l1cftor genera " any officer of the Depart
ment of Justio, to do So"
Socfi
claimed, gives even greater authority and
power.
That section is as follows: 1.-The solicitor
general, or any officer of the Department
Of Justice. may be sent by the Attorney
General to any state or district in the Unit
ed States to attend to the interests of the
United states in any suit pending in any
or the courts of the United States. or in
the courts of any state, or to attend to
any other interest Of the United States"
by authority OF these sections 1t is con-
tended. the Attorney General may send the
solicitor general or any officer of his de-
partment to act as attorney of the United
States in the District of Columbia dnrine
any vacancy therein.
supreme Court Cannot FIJI the Va
cancy.
Ihls is an important consideration in
view of the belief now prevailing among
members of the local bar that the District
Supreme Court cannot fill such q vacancy.
The claimed right of this court to appoint
III the event of a vacancy such as now ex-
lists was based upon those sections Of the
statutes which, it is claimed, give the
court the power and Jurisdiction of the
Justices OF United States circuit courts
But 1t appears from section Cos of the Re-
yised Statutes that Justices OF. the District
Supreme Court are not so authorized. That
section is as follows:
The words Circuit Justice and Justice
or circuit, when used in this title Cthe
judiciary. shall be understood to desie
nate the justice Of the Supreme Court. who
Is allotted to any circuit, but the word
Judge. when applied generally to any cir
cult. shall be understood to include such
Justices
Hence. 1t appears that the law authorizes
| only Justice Of the United States Supreme
court to appoint In the event Of vacancy
But It is claimed that Judge Cox in the
Guiteau case decided that the District of
Columbia does not belong to such a circuit.
SO. 1t Is said, vacancy in the Office of q T.
torney of the United States for the District
cannot be filled by Justice of the United
states supreme Court. Therefore IT is
iurther said, such vacancy here can only
be hlied by the action Of the Attorney Gem
! eral.
| The District Supreme Court in General
Term will meet tomorrow morning to con-
| sider the question, and 1t Is now believed
| that the court will decide that it Is without
power In the premises. 1t Is not Improbable
that the court Will then inform the Attor-
ney General as to the situation and ask
| hir1 to designate some one to act during
| the existence Of the vacancy. OF course.
| no business Ia being today transacted bv
| those courts where the presence of the
district attorney is required.