The Birmingham age-herald., 1903-12-06
THINGS ARE IN A
 MUDDLED WAY VIII be No Recess in Sessions
 of Congress
 APPOINTMENTS WILL LAPSE
General Wood and Others Who Have Entered on Duties In Higher Rank Will Be Placed in an Awk-
 ward Position.

Washington, December 5.-By the man. ner of adjourning the house today, the extra session of the Fifty-eighth congress will expire by constitutional limitation Monday, when the regular session will begin. This eliminates the possibility of a recess between the two sessions and opportunity for the President to review his civil and military recess appointments. Such appointments as have not been con- frned by the senate during the extra ses- sion must be renewed simply in the form of nominations, which, in effect, are but recommendations, and do not become effective in every case until confirmed by the senate.
 In effect this action will relieve General Leonard Wood from his present rank of major general, to which the senate has not confirmed him. to the rank of briga- dier general. which he held prior to Aug ust last.
 It also will effect in like manner 167 army officers who were promoted respec- lively to fill the vacancies caused by the promotion of General Wood
 The important civil appointments af- fected include William D. Crum as col lector of customs at Charleston, s. C.; Charles P. McCleliand as member of the board of general appraisers of merchan- disc at New York. and L. " McAlllster of Vicksburg, Miss, as receiver of public moneys, all of whom are serving under recess appointments, the effect being to vacate their present positions.
 crum's Appointment Ended.
 As Collector Crum's recess appointment has thus been terminated and the situ- ation in the senate has been such that his confirmation i. Gcspaired of, the col lectorship of the DOT of Charleston will remain vacant until the expiration of the next session of congress, unless the President selects some one else for this place. and the nomination is confirmed by the senate.
 While no official representation has been made by the senate to the house, several informal conferences have been held be- tween the leading republican senators and Speaker Cannon. In these confer ences the speaker has stated that the house had no constitutional authority over executive appointments or combinations, and that if the creation of a recess was necessary to take care of such matters,
  tior looking to adjournment of the spe- cial session by concurrent resolution. In the absence of such a movement, the speaker said he should not interfere in any way in the expiration of the extra session by constitutional limitation
 All the nominations, including army, navy and civil appointments made by President Roosevelt during the extra ses- sion, and which have not been confirmed bv the senate, will have to be renewed at the regular session.
 President Will Try Again.
 It is expected that these nominations will be re-transmitted by the President Monday next.
 At the war department the officials are not quite so clear in their minds as to the exact status of the military officers whose nominations have failed of confir nation There is disposition to take the point of view that between the expiration of the present session and the beginning of the regular session there will neces- sarily be an appreciable but practically infinitely small period of time when there is no session, and consequently congress is technically in recess, and it would be within the power of the President any time after Monday noon to make recess appointments to continue during the next session, until otherwise disposed of
 The officials are not united as yet in their views upon this point, but the new nominations which are now being made out at the war department to replace those which lapsed are all to be dated as from the time the vacancy occurred. It seems possible that the complex ques- tions involved may require the decision of the attorney general.