New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-08
MR.. HOAR MAKE Els \ PROTEST.
HE OBJECTS TO THE APPOINTMENT OF
SENATORS on COMMISSIONS
THE QUESTION GIVES RISE To LIVELY DEBATE
on THE PRERoGAT1vEs OF THE PREsl-
DENT AND THE RIGHTS OF
TIE SENATE


r
my TrLroRtPH TO THE TRIRryEl
Washington. Dec. 7-Senator Hoar Of Mas
sachusetts made something Of a stir in the
executive session Of the Senate this afternoon
by Directing to the confirmation OF Senators
Cullom and Morgan as members Of the Com
mission sent TO Hawaii last summer to devise
a scheme Of government for Hawaii. The Mas
sachusetts Senator has frequently expressed his
disapprov4 OF the practice Of appointing SEN
ators to such posts and he returned TO the
charge to-day with much energy. Senator'S,
Mr.. Hoar argued. abridged their real functions
when they consented to become the agents OF
the Executive to negotiate treaties and prepare
legislation on which they would subsequently
have to pass judgment. The point was dis
cussed with much animation by Senators Nor
gan. of Alabama: Aldrich. of Rhode Island;
Plat. OF Connecticut: Vest OF Missouri; Chand-
Ter OF New Hampshire. and Bacon, OF Georgia,
well by Mr. Hoar
similar objection would Of course. lie to the
service OF Senators Fairbanks and Faulkner on
the Canadian Commission. and Of Senators Da-
Wis. Frye and Gray on the Peace Commission
at Paris. The discussion to-day was. however.
never meant to be anything but academic. for
precedent and Senatorial courtesy alone would
prevent any attempt to secure the rejection Of
tne nominees CHOSEN as commissioners from
membership OF the Senate
Mr.. HOar said that these Senators were when
appointed acting under the direction of and
became the duly authorized agents Of the Pres
idcnt to carry out his ideas and wishes What
became of their functions as Senator's he
asked. when the report they make, as In the
case of the Hawaiian Commission. came before
the Senate. a coordinate branch Of the Govern
In ha cf ba lot IiCb ,,f11ic
sion now negotiating treaty with Great Brit
ain and the Peace Commission now in Paris
there were the same objections, he declared.
but they applied with greater force. Senators
should hold aloOf from such positions. because
their acts Commissioners were TO be passed
on by themselves as Senators-a very repre-
hensible practice in the opinion OF Mr.. Hoar
He ntimatcd that Senators acting for the Pres
ident as a Commission which, when dealing
with a foreign country. had to act as a body
might be placed in the position Of supporting a
which they Senators would reject
THE APPOINTMENTS DEFENDED.
Appointment of Senators on Commissions was
defended by Senator Morgan and by Senator
Plat. Of Connecticut. who said that there was
nothing inconsistent in 50 doing.
The debate then became somewhat general.
and the constitutional prerogatives Of the Presi-
dent and the rights Of the Senate were discussed
at length on the legal and technical phases Of
the subject
other speakers were Senators Chandler and
Bacon, in opposition to the too free exercise by
the President ~ the power Of appointing Senators
to other positions. They pointed out that there
law on the statute books prohibiting citi-
zens from holding two offices with pay the
same time. and insisted that such appointments
were contrary TO the spirit Of American insti-
tutions.
Senator Aldrch among those who con-
tended for the right Of the President TO call into
service of the country the talents Of Senators
and members Of Congress in other lines than
those which their offices indicate The con-
tention on this side was to the effect that the
practice was old one. and they cited Su-
preme Court decision to show that two Offices
might be held 10y the same person in cases
where the services did not conflict.
WOULD HAMPER THE PRESIDENT
Senator Adrich made the point that the posi-
ton Of Commissioner in such duties as those o,
the Hawaiian Commission and the Paris Peace
Commission was not inconsistent with the per
formance Of Senatorial duties Those positions
were he said. not Offices in the usual interpreta-
ton Of the word and 20 prevent the President 5
calling for their services for such work was
often 70 deprive him of the best assistance avail
able in special cases Ike those in which Senators
Morgan Cullom, Davis. Frye and others were
engaged
Senator Vest was among those who attacked
the practice Of appointing Senators as Commits
sioners He said it was especially reprehensible
because Of the fact that Senators accepting such
/ places were often called upon as Senators 10
pass upon their own acts. thus placing them
selves I'm the double position Of member of the
court and a party to the suit on trial.
All the Senators making speeches especially
/ disavowed any intention Of personally attack king
anv Senator occupying the position of Comins-
sOner.
+ After two and half hours Of discussion the
/ ouestion was referred TO the judiciary Commit
too with instructions 20 investigate and report
- thn nomination OF The Commissioners.