Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-01-28

devoted TO the hearing of reports of stand
ing committees and the annual address OF
the president
This evening Attorney General Boyle read
mn address prepared by Federal Judge c. G..
Foster on The Pardoning Power. Its Use
and Abuse"
Judge p. s. Grosscup. the jurist of Chi
cago. who sent Eugene Debs 10 jail for
contempt during the A. Il. L. strike, ad-
dressed the meeting on Popular Self-Mas-
tery-the Duty of Lawyers Towards Its
Promotion
Henry Mclean, member of the committee
en- legal education. recommended that an
other year be added to the law course at
the state university. He said that two
years was not enough. L. H. Perkins, of
Lawrence. advocated n masters course.
He said that the university did not have
Sufficient funds for a three years legal
course. and he was of the opinion that a
masters course would be the proper solu-
tion of the question. The convention took
no action on the suggestions. but left the
question open for discussion tomorrow
The reports of other committees were of no
particular interest. E
The attorneys present listened with keen
interest 10 the annual address delivered by
Judge Thomson. His subject was. Not to
the Victors." Among other things he said
The founders of our nationality built and
planned with the conception of stability
AND permanence.
These were to be attained by the action
united and continuous-of three separate
and distinctive forces. These were intend
ed. each within its sphere, to operate har-
moniously. neither hindering. usurping, nor
invading the functions of the other. The
plan, apparently perfect in its conception
has in fits eXecution-like many things hui
man-revealcd some results, unexpected
and unforeseen.
1t is not my purpose to enter-with elab-
Grafton and detail-into a discursive lee
tGre upon the constitution of the United
States and the three departments of gov
crnment provided for by that instrument
hut only, in passing, to call attention to
tie apparent abandonment, by the execu-
tive branch. of the duties imposed upon il,
ana the assumption of these 10y the legiSla-
tive. in violation of the letter and the
spirit.
The second section of the second article
OF that instrument provides: That the pres
ident of the United States shall nominate.
and by and with the advice and consent
OF ihe senate shall appoint ambassadors.
other public ministers and eonsuls, judges
Of the United States whose appointments
are not herein otherwise provided for. and
which shall be established by law: but con-
EreSS may. by law. vest the appointment of
such inferior officers as they think proper.
n the president alone, in the courts OF
law, or in the heads of departments
Senntes buty AdStSc.
A hasty glance at these provisions re-
veals that neither the senate nor congress
may nominate or appoint any OF the Off
GERS named therein or TO be created by law
The whole power given to the senate was
10 advise and yield or withhold assent 10
the appointment of anyone named by the
president The senate doubtless in the
early days of the republic kept strictly
within its own province. As time rolled on
the selfish desires of ambitious members
Of that body. in order TO increase their
power and manifold their influence direct
ed and controlled.
At length it came to pass that there was
an unwrlttcn law that the consent of the
prerequisite TO the confirmation by the sem
ate Of a presidential nomination for APP
pointmcnt from such state. if such delega-
zion were in accord, politically, with the
chief magistrate.
The duty of the senate 10 advise became
practically the act of the senatorial repre-
sentation in any given instance of a single
state. which act was of governing an i'm
perious force. The Capitalization of this
power into the hands of, at most two SEN
ators andsometimes Of only one. soon bore
its legitimate fruitage, and glaringly re-
rcals 4 real departure from the spirit, II
not from the letter. of the constitution.
Thus the senators came TO regard il as
a rightful patronage appertaininE and be-
longing 10 them, the appointment TO office
OF residents of their respective states whose
names Were suggested by them TO the eX-
oCutive. If thereafter such persons We're
not nominated DN lnt president tnere was
no confirmation. True this condition was
not brought about without n struggle. for
within the memory of my hearers one who
wore the toEa from the Empire state re-
signed his seat because the president chose
10 disregard the unwritten law and with
persistence and firmness nominated a per-
son undesirable to that gentleman.
The Interpretation of the constitution, put
pun upon II by its execution in the senate
became that the senate shall nominate
and appoint; for the control exercised was
20 powerful that, except in the rarest in
The next step OF further departure from the
organic law. when once the first had been
igkcn. might have been anticipated
while the members of the lower house
~eTc given no constitutional voice in the
appointment or selection of any officers ex.
Cept for their own legislative body they
have been permitted by the senate to share
In tho distribution of the patronage: a pow.
er the latter had usurped. This was neither