The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-08
President Criticised by the Massachu.
setts Statesman, but Defended
by other Speakers.
THE HNTIS IN THE MAJORITY
NOMINATIONS FINALLY REFERRED
TO THE JUDICIARY COMMITTEE.
Fight to Re Made on the Peace and
Joint High COmmissIons-Views
of Cleveland and Sherman.
speelal to the 1naIanapoIIs journal.

Special to the Indianapolis Journal.
WASHINGTON, Dec. THE anti-expan-
sionists are in high feather tonight over
the success of the effort in the executive
session of the Senate this afternoon to hold
up the confirmation Of the appointment of
the Hawaiian commissioners. They have no
hope or expectation of finally winning, but
they feel they have scored point and given
the expansionists something to think about.
Senator Hcar's contention that the Presi-
dent had no lawful right to appoint members
of Congress on the Hawaiian. the Canadian
American high joint, or American-Hispano
peace commissions, and that it was a breach
Of the proprieties for him to do so raised
point that the Democrats and Popocrats
hailed with glee. 1t was a drive at the adj
ministration that met their entire approval,
and they joyfully voted with a small Re-
publican contingent to refer the question to
the judiciary committee, Of which Senator
Hoar is chairman. Two reports from that
committee will certainly be made and the
fight will be renewed then.
So far as relates to the Hawaiian commits
sion the fight is of small consequence. That
body has completed It's work, made its re-
port and presented it's bill. The important
feature of the proposition relates to the
Canadian high Joint and the Paris peace
commissions. An exasperating fight may be
kept up against them along the lines mapped
out by Senator Hoar. Many senators were
absent from to-days executive session.
Their presence. when the question comes up
on the report from the judiciary committee
Will change the anti-expansion victory into
defeat. but meanwhile one object of the
Hoar contingent will have been accom-
plished, namely. delay.
MIR. IIOAR'S SPEECH.
The debate to-day was started by Senator
Hoar, who made vigorous protest against
the practice Of appointing senators on such
a commission as the Hawaiian. He said
these senator's 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 commission, came before the Sem
ate, a coordinate branch of the govern
ment2 In the case of the joint high COM
mission, now negotiating a treaty with
Great Britain, and the peace commission.
now in Paris, there were the same objec-
tions, but applied with greater force. Sen
ators should hold aloof from such positions,
because their acts as commissioners were to
be passed on by themselves as senator's, a
OF Mr.. Hoar. He intimated that senators
acting for the President as a commission
which, when dealing with foreign country,
had to act as body, might be placed in the
position of supporting cause which they,
as senator's, would reject.
The method of appointing senators on
commissions was defended by Senators Nor
gan and Platr of Connecticut, who claimed
there was nothing inconsistent in so doing
The debate then became somewhat general
and the constitutional prerogatives OF the
President and the rights of the Senate were
discussed at length on the legal and tech
nical phase of the subject
Other speakers in the controversy were
Senators Chandler and Bacon in opposition
to the too free exercise by the President
of the power of appointing senators to those
positions They pointed out that there was
law on the statute books inhibiting citi-
zens from holding two offices with pay at
the same time, and insisted that such an
pointments was 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 senator's and members of Con-
gTesS in other lines other than those which
their offices indicated. The contention on
this side was to the effect that the practice
was an old one, and they cited a Supreme
Court decision to show that two offices
might be occupied by the same person in
cases where the services did not conflict.
Senator Aldrich made the point that the
position OF commissioner in such duties as
those of the Hawaiian commission and the
Paris peace commission was not inconsist-
ent with the performance of senatorial du-
ties Those positions were, he said, not
offices In the usual Interpretation Of the
word. and to prevent the Presidents call
ing for their services 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 at
tackled the practice of appointing senator's
TO the place of commissioners He said II
was especially reprehensible because of the
fact that senators accepting such places
were often called on as senators to mass
upon their own acts, thus placing them
selves in the double position of member
OF the court and party TO the suit on trial
All senators making speeches especially dis
claimed any intention of personally attack
ing any senator occupying the position Of
commissioner. After two and a half hours
Of discussion the question was referred ~
the judiciary committee with Instructions
10 investigate and report on the nomination
OF the commissioners.
Peace Treaty May he Ratified.
Special 20 the indianapolis Journal
WASHINGTON, Dec. THE belief is