The Birmingham age-herald., 1903-12-05
Is Feared That Recess Nomi-
 nations May Fail
PROMOTIONS ARE IN DANGER
Unless Both Branches of Congress Reach Agreement to End Present
 Session By Monday Noon
 Complications Will Ensue.

Washington, December 4-Unless there is an agreement by both houses of con gress to adjourn the present session by noon Monday, when the regular session begins, all nominations must fail, and if the present special session ends by limi- ,tation, thus preventing the President from sending recess appointments to the sen ate, all pending recess appointments must terminate with the converting Of congress in its regular session. These consider ations today furnished the incentive for a number of conferences looking to an agreement to adjourn on Monday, or even tomorrow, in order to permit the Presi- dent to send in recess appointments.
 Friends of General Wood are vitally in- terested and will try to bring about ad- journment by concurrent action. Fail ure of action would mean General Woods reversion to the rank of brigadier general and would have a similar effect on the appointments of 167 army officers, ad- vanced by reason of General Woods pro- motion all of whom have assumed the ranks and pay of their new appointments in the same manner as though their nom nations had been confirmed by the sem ate.
 Situation Canvassed.
 The situation also has been canvassed at the war department and considerable
  will occur regarding officers who were promoted in recess and whose rank de- bends on the promotion of General Wood and other officers. In view of this situ- ation, it is hoped that the admnistra- ton will suggest sine die adjournment. One reason given by the leaders Of the house for not passing resolution of ad- journment. was that it would be dis courtesy to the President to adjourn called session without completing the work for which it was convened.
 Members of the senate say they were ready to adjourn ten days ago, and res olution of adjournment probably would have been sent to the house, if 1t had not been reported and denied that the house would not give consideration to resolu- ton for adjournment The situation is perhaps without precedent.
 Would Return Wood Nomination.
 If was argued in the senate that if the nomination of Wood failed of confirma- ton, the failure of the senate committee on military affairs to complete it's hearing of charges against confirmation or for other cause, the nomination would again be sent to the senate for action at the reg ular session. This programme was sug- gested on the theory that nominations and recess appointments have the same effect An examination of the rules, how ever discloses that a nomination does not carry authority for the President to clothe the nominee with the rank and pay of the office to which he is appointed.
 In the case of a recess appointment the appointee is given the rank and pay of the postion for which he is named. but under the constitution the commission continues until the end of the next session or the senate The last paragraph Of section z article 2, the constitution of the United States is as follows:
 'The President shall have power to fill up all vacancies that may happen during the recess of the senate by granting com missions which shall expire at the end or their next session"
 Recess Must Occur.
 It is argued by senators who have given serious thought to the questions involved that inasmuch as "the congress shall as- semble at least once in every years, and such meeting shall be on the first Mon- day in December. unless they shall by law appoint a different day" (article l, last paragraph of section D, recess must oc- cur between the termination of the pres ent extra session and the beginning of the next session in order to relieve the embarrassment resulted on failure to con- firm the army nominations referred to. The merging of the special session into the regular session would leave only an infnitesmaly small recess and not suf- ficient, it is feared, for recess appoint ments to be made.
 Both the senate and the house will be in session tomorrow. but from appearances neither body cares to take the initiative and the outcome is uncertain. The sen- ate 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 F o'clock the committee would be in the, unique position of Investigating matter which was not pending before the senate