Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-08
Lively Controversy Over Gen.
Woods Nomination.
NO CHANGE IN STATUS
OFFICERS, IF CONFIRMED, WOULD
RANK FROM YESTERDAY.
Many Expert Opinions offered-War
Department Will Test the Case by
Paying Officers Salaries.

According to the officials Of the War De-
partment, the ending OF the special session
and the beginning Of the regular session OF
Congress has made no change In the sta
tus Of Gen. Wood and the 167 other army
officers whose nominations failed of action
at the special session. What the President
has done Is for the purpose Of protecting
the interests Of all the officers concerned
in the event that there was actually a con-
structive recess even for an almost inap-
preciable period Of time
AZ has been stated by The Star, the
President and officials Of the War Depart
ment hold to the view that there was a
recess, and, In order to meet that situation,
recess commissions bearing date Of yester-
day were issued by the President to Gen.
Wood and all the other officers concerned.
These commissions were in the form Of
commissions issued when Congress is not
in session and are Identical. except in the
matter Of date, with the recess commission
issued to the same officers in August last
when the vacancies to which they were ap-
pointed occurred. Such commissions hold
good until the expiration Of the succeeding
session of Congress. According to the ad-
ministrations view the original commits
sions expired at the end Of the special ses-
sion Of Congress and the new commissions
will run until the expiration OF the pend
the meantime on the nomination before the
Senate. -.
Anomalous Situation.
In addition to the issue of these recess
commissions direct to the officers the Pres
ident has also sent in their regular nomina-
tions to the same afflces. in doing which
he has simply followed an unbroken custom
in the case Of all recess appointments. These
nominations are made out to take effect at
the time OF the original recess appointments
in August last and IL they are confirmed
will smooth out all the complications that
have arisen over the existing anomalous
situation. The action taken by the Presi-
dent in issuing the recess commissions is
designed to continue Gen. Wood and the
other officers in the rank and grade to
which they were promoted last August thus
clothing them with the authority of the
higher rank and giving them the benefit Of
the higher pay and emoluments.
In view, however. of the contention that
there was no legal recess of Congress yes
terday for which these commissions were
issued, Secretary Root has decided to bring
the question before the accounting officers
has therefore instructed Paymaster General
Bates to make q test case by paying the
salary Of the higher grade to one Of the
officers concerned to cover a portion Of the
period in dispute and forward the accounts
to the auditor Of the treasury for the War
Department and the controller Of the treas
ury with as little delay as possible It will
then be for those officers to determine the
legality Of the payment and their decision
on that point will also cover the much
mooted question as to whether there was
or was not a recess Of Congress just be-
fore the beginning Of the present session.
Root and Davis Agree.
Secretary Root and Judge Advocate Cen
oral Davis OF the army hold that as there
was constructively an interval between the
adjournment OF the Senate in special ses-
sion and its reassembling in regular ses-
sion the recess commissions heretofore is-
sued, lapsed and made necessary the issue
Of fresh recess commissions. In discussip 6
the question Of q recess, General Davis said
that the special session Of Congress must
have been either continuous or discontinue
Gus. II continuous into the regular session,
he said, the original recess commissions
ran until the expiration Of the present reg
special session was discontinuous said Gen.
eral Davis. there must have been lapse Of
time. no matter how minute, before the be-
ginning OF the regular session, which would
justify the Issue of new recess commissions
The officials say that the most interesting
legal question relates to the standing Of
the officers promoted and retired upon the
promotion Of General Wood The questions
to be determined are whether these officers
are on tho active list or the retired list
and whether they are entitled to the pay
of q brigadier general or colonel, retired
or OF colonel on the active list These
are some OF the matters to be determined by
the treasury officials.