The record-union., 1898-12-08
Contanded That Senators Should Not Be
Appointed to Such Positions.
A Long Debate in Executive Ses-
sion Upon the Subject, Hoar of
Massachusetts Making a Vigor-
Gus Protest Against Such Prac-
tice-The Question Finally Re-
ferred to the Judiciary Com
mittee for Investigation.

| WASHINGTON, Dec. THE Senate
mad long debate in executive session
to-day upon the subject of confirmation
| OF Hawaiian Commissioners. The de-
bate was started by Senator Hoar, who
made vigorous protest against the
practice Of appointing Senators upon
such a commission. He said the Sem
ators were when. appointed acting under
the direction of and became the duly
authorized agents of the President to
carry out his ideas and wishes. What
became of their functions as Senators,
he asked, when the report they make,
as in the case of the Hawaiian Commits
sion, came before the Senate, a co-or-
climate branch of the Government?
In the case of the joint high commits
sion now negotiating a treaty with
Great Britain, and the Peace Commits
sion now in Paris, there were the same
objections, but applied with greater
force. Senators should hold aloof from
such positions because their acts as
Commissioners were to be passed upon
by themselves as Senators, a very rep
rehensible practice, in the opinion of
Mr. Hoar. He intimated that Senators
acting for the President as a commits
sion which, in dealing with a foreign
country, had to act in body, might be
placed in the position of supporting a
cause which they as Senators would re-
ject.
The method of appointing Senators
on commissions was defended by Sen
ators Morgan and Platt of Connecticut,
who claimed there was nothing incon-
sistent in doing so. The debate then
became somewhat general, and the con-
stitutional prerogatives of the Presi-
dent and the rights of the Senate were
discussed at length upon the legal and
technical phase Of the subject.
Other speakers in the controversy
were Senators Chandler and Bacon, in
opposition to the free exercise by the
President of the power to appoint Sen
ators to other positions. They pointed
out that there was al law on the statute
books inhibiting persons from holding
two offices with pay at the same time,
and insisted that such appointments
were contrary to the spirit of American
institutions. Senator Aldrich was
among those who contended for the
right Of the President to call into the
service of the country the talents of
Senators and members of Congress in
other lines than those which their Of
fees indicated. The contention on this
side was TO the effect that the practice
was an old one, and they cited a Su-
preme Court decision to show that two
offices might be held by the same per-
sons in cases where the services did not
conflict.
Senator Aldrich made the point that
the position Of the Commissioners in
such duties as those of the Hawaiian
Commission and the Paris Peace Com
mission was not inconsistent with the
performance of Senatorial duties Those
positions were, he said, not offices in
the usual Interpretation of the word,
and to prevent the Presidents calling
for their service for such work was to
often deprive HIM Of the best assistance
available in special cases like those in
which Senators Morgan, Cullom, Davis,
Frye and others were engaged.
Senator Vest was among those who
attacked the practice of appointing
Senators to the place of Commissioners.
These Senators were often called upon
to pass on their own acts.
All Senators making speeches espe-
cially disclaimed any intention of per-
sonally attacking any Senator occupy
ing the position of Commissioner.
After two and a half hours of discus
sion, the question was referred to the
Judiciary Committee, with instructions
to investigate and report upon the
nomination Of the Commissioners.