The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-12-05
PROMOTION OF WOOD WAS
A RECESS APPOINTMENT
Under the Law He Has Been Enjoying the Pay and
Other Emoument8 of Major General
Unless Confirmed BY the Senate Before the Regular Session Be-
gins His Rank Will Be Reduced

( WASHINGTON. Dec. 4-Unless
wv there is an agreement by both
houses Of congress to adjourn
the present session before noon Monday,
when the regular session begins. all
nominations must fail and If the pres
ent special session ends with The be-
ginning OF the regular session. thus
preventing the IN, sident from sending
recess appointments TO the senate, all
pending recess appointments must ter
inmate with the converting Of congress
20 its regular session. These consider
atoms today furnished the incentive for
q number of conferences looking to an
agreement to adjourn on Monday, or
even tomorrow. Friends Of General
Wood are vitality interested and VIII
try 10 bring about an adjournment by
concurrent action. Failure of such aC-
tion would mean General Woods re-
version of the rank OF brigadier gem
eral and have similar effect ON the app
pointments Of l61 army officers add
vanced by reason Of General Wood
promotion, all of whom have assumed
the rank and pay of their new appoint
ments in the same manner as though
their nominations had been confirmed
by the senate.
On the Anxious Seat.
The situation has also been canvas sed
az the war department and much alarm
Is felt over the disturbance that viii
occur regarding officers who were pro-
NOTED in recess and whose rank de-
rends on the promotion of General
Wood and other officers. In view OF
this situation, &c is possible that the
administration viii suggest sine die adj
lournment. One reason given by the
leaders CT the house for not passing
q resolution OF adjournment was thar ~
res |Elr
10 adjourn a called session without
completing the work for which ii is
called. Members Of the senate say they
were ready 60 adjourn ten days ago
and a resolution of adjournment would
probably have been sent TO the house
III 10 had not been reported and not
denied that the house would not give
consideration to a resolution of adj
journment. The situation is said to be
without precedent I'm the senate.
Back to Brigadier.
1t has been argued in the senate that
IL the nomination of General Wood
failed of confirmation through the fail
Ure OF the senate committee on milf
tary affairs TO complete its hearing Of
charges against confirmation. or for
other cause, the nomination would
be again sent 10 the senate for action
lat the uegIllf -scssi OR. This .progra nlma
was suggested on the theory shat nom
nations of recess appointments have
the same effect An examination of the
rules. however. disclOses that NOM
iuatiOn does not carry authority for the
president 20 clOthe The nominee with
the rank and pay of the Office to which
he is appointed. In the case 81 a re-
cess appointment the appOintee is given
the rank and pay of the position for
which he is named. but under the con-
sutUtiOn the commission only continues
TO the end OF the next session of lLhe
senate.
Constitutional Revision.
The last paragraph Of Section ..
Article ,. of the constitution of the
United States follows.
The president shall have power to