Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1903-12-05
Dallying of Extra Session May
Prove Embarrassing to
the President.
OBSERVATION-DISCLOSURES PERIL
Situation Without Precedent in Sen
ate--Neither Body Cares to Take
nitiative-Duration of Recess May
Not Permit of Appointments.

u
is an agreement by both houses OF
congress to adjourn the present ses-
sion before noon Monday, when the
regular session begins, all nomina-
lions must fall, and il the present
special session ends by limitation,
thus preventing the president from
sending recess appointments to- the
senate, all pending appointments must
end with the closing of congress.
Friends of General Wood are vitality
interested and will try to bring about
adjournment by concurrent action.
Failure of action would mean General
Woods reyersion to the rank of brig.
adler general and have similar effect
on the appointments of 1877 army Off
GERS, advanced by reason of General
Woods promotion, all of whom have
assumed the ranks and pay of their
new appointments in the same man.
ner as though their nominations had
been confirmed by the senate.
War Department Alarmed.
The situation also has been can
yassed at the war department and con-
siderable alarm is felt over the dis
satisfaction which will occur among
the late promotions and those whose
promotion are to follow In view of
this situation it is possible that the
administration will suggest sine die
adjournment
The situation is said to be without
precedent in the senate It had been
argued in the senate that If the NOM
ination of Wood failed of confirmation
through the failure of the senate com.
mittee on military affairs to complete
It's hearing of charges against con-
firmation, or for other cause, that the
nomination would be again sent to the
senate for action at the regular ses-
sion. This program was suggested on
the theory that nominations and re-
cess appointments have the same ef.
feet. An examination of the rules,
however, diseloses that a nomination
does not carry authority for the presi-
dent to clothe the nominee with rank
and pay of the office to which be Is
appointed. In the case of RECESS ap-
pointment the appointee is given the
rank and pay of the position for which
he is named, but under the constit,l-
tion the commission continues until
the end of the next session of the SEN
ate. The last paragraph of section 2,
article 2, OF the legislature of the
United States is as follows:
Power of President.
"The president shall have power to
fill up all vacancies that may happen
during the recess of the senate by
granting commissions which shall ex-
pire at the end of their next session. .
It is argued by senators who have
given serious thought to the questions
involved that inasmuch as 1.-The con-
gress shall assemble at least once in
every year, and such meetings shall
be on the first Monday in December.
unless they shall by law appoint diff
ferent day" (article l, last paragraph
OF section ~, that recess must oc-
cur between the termination of the
present extra session and the begin
ming of the next session in. order to re
lieTe the embarrassment resultant on
failure to confirm the army nomina-
tions referred to. The merging of the
special session into the regular ses-
sion would only leave an infinite small
recess and not sufficient, it is feared.
for recess appointments to be made.
Both the senate and the house will
be in session today. but from present
appearances neither body cares 10
take the initiative, and the outcome is
uncertain.
The senate committee on military
affairs will convene Monday at IL
O'Clock to resume its hearing of the
Wood case. If the hearing should
continue until one minute after IL
o'clock the committee would be in the
unique situation of investigating a
matter which was not peading before
the senate.