The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-05
WOOD MAY
DROP BACK
Outlook Is Good for Losing His
Present Rank.
May Again Become Merely
Brigadier General.
NTEP IN A mANGI
MATTER IN A TANGLE.
Promotion of I67 Other Officers
Depends on His Case.
All Stand to Lose Both Rank
and Pay.

Washington, Dec. 5-Unless there is
an agreement by both houses of con-
gress to adjourn the present session be-
fore noon Monday, when the regular
session begins, all nominations must
fail, and if the present special session
ends by limitation, thus preventing the
president from sending recess appoints
ments to the senate all pending recess
appointments must terminate with the
converting of congress in it's regular
session. These considerations have fur
nished the incentive for a number of
conferences looking to an agreement to
adjourn on Monday, or even today, in
order to permit the president to send
in recess appointments. Friends of
General Wood are vitality interested and
will try to bring about adjournment by
concurrent action. Failure of action
would mean General Woods reversion
to the rank of brigadier general and
have some effect on appointment of
1877 army officers advanced by reason of
General Woods promotion, all Of whom
have assumed the rank and pay of
their new appointment in the same
manner as though their nomination had
been confirmed by the senate.
The situation has also been canvassed
at the war department and much alarm
is felt over the disturbance that will
NOTED in recess and whose rank de-
ponds on the promotion of General
Wood and other officers. In view of
this situation. it is possible that the
administration will suggest sine die ad-
journment One reason given by the
leaders of the house for not passing
resolution of adjournment was that it
would be a diScourteSy to the president
to adjourn called session without COM
pleting the work for which it was con-
vened. Members of the senate say they
were ready to adjourn ten days ago and
a resolution of adjournment probably
would have been sent to the house If it
had not been reported and not denied
that the house would not give consider
alton to resolution of adjournment.
The situation is said to be without
precedent in the senate.
1t has been argued in the senate that
if the nomination of Wood failed of
confirmation through the failure of the
senate committee on military affairs
to complete it's hearing of charges
against confirmation, or for other
again sent to the senate for action at
the regular session!-tFhis programme
was suggested onsJales theory that nom
nations anG recess appointments have
the rules, however, discloses that a
nomination does not carry authority
for the president to clothe the ap-
pointee with the rank and pay of the
4
case of a recess appointment the APP
pointee is given the rank and pay of
the position for which he is named, but
under the constitution the commission
continues to the end of the next ses-
sion of the senate. The last paragraph
of section 2. article of the constitu-
ton of the United States follows:
1.-THE president shall have power to
fill all vacancies that may happen dur
ing the recess of the senate by grant
ing commissions which shall expire at
the end of the next session.
It is argued by senators who have
given serious thought to the questions
involved that inasmuch as ''the con-
gress shall assemble at least once in
every year, and such meeting shall be
on the first Monday in December I'M
less they shah by law appoint a diff
ferent day article 1, last paragraph
of section A.. a recess must occur be-
tween the termination of the present
extra session and the beginning of the
next session in order to relieve the
embarrassment resultant on failure to
confirm the army nomination referred
to- The merging of the special session
into the regular session would leave
only an inf1nitesimal recess, and not
sufficient it is feared for recess ap-
pointment to be made.