The Montgomery advertiser., 1903-12-05
BACK TO THE
 LOWER GRADE Wool and Others Are in
 Danger. THE SITUATION E UNIQUE Congress Must Adjourn Be-
 fore Noon Monday. If Extra Session Terminates by Illumination. All Appointmsnts
 Made During Rscsss Are
 Dead According to Lew.
THE SITUATION Is UNIQUE

Washington. Dec. k-uniess there is an agreement by both houses of Consrsss to adjourn the present session by noon Mon day. when the regular session begins. ail nominations must fail. and if the prevent special session ends by limitation. thus preventing the President from sending recess appointments to the Sonata. all pending recess appointments must term mate with the convening of Congress n it's regular session
 These considerations today furnished the incentive for number of conferences looking to an agreement to adjourn Mon- day or even tomorrow In order to permit the President to send in recess appoint ments. Friends of General Wood are vii tally interested and will try Co bring about adjournment by concurrent action. Failure of action would mean General Woods reversion to the rank of Briga- er-General and have 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 thelr new appoIntnents In the same manner as though their non,- nations had been confirmed by the aen- ate.
 Alarm is Felt. The situation also has been canvassed at the War Department and considera bIo alarm Is felt over the disturbance that 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 sttua- l tion. 1t is possible That the adsniuistra- ton will suggest sine de adtournment. One reason given by the leaders Of the House for not passing resolution of ad- 1ournment was that 1t would be a dis courtesy to the President to ad- 1ourn a called session without completing the work for which 1t was convened. Members of the Senate say they were ready to adjourn ten days ago and q res,- iolption of adjournmant pr6bablv would have been sent to the House IF 1t had not been reported and not denied that the House would not give consideration to q resolution for adjournment. | The situation is said to be without pre- Icedent in the Senate If had been argued ins the Senate that if the nomination of Wood failed of confirmation through the failure of the Senate Committee on AfiiI- | tary Affairs to complete it's hearing of charges against confirmation. or for other 1 cause, that the nomination would again be sent to the Senate for action at the regular session.
 A Light Breaks. This program was suggested on the theory that nominations and recess ar,-. continents have the same effect. An ex- animation of the rules. however, disclose that nomination does not carry author ity. for the President to clothe the nomi- nee with 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 position for which he is named. but. under the constitution. the commission continues until the end of the next ses- sion Of the Senate The last paragraph or section 2. Article ?. of the Constitution of the United States is as follows:
 '"The President shall have power to III up all vacancies that may happen dur ing the recess of the Senate by granting commissions which shall expire at inc end of their next session.
 Argued by Senators who have given se- rious thought to questions involved that inasmuch as ''the Congress shall asseul- ble at least once in every year and such meeting shall be on the first Monday in December. unless they shall by law ap- point different day" CArticle i, last par agraph of Section 4) that recess must occur between the termination of the present extra session and the beginning of the next session in order to relieve the embarrassment resultant on failure to confirm the army nominations referred to.
 Time. Will Be Too Short.
 The merging of the special session into the regular session would leave only an infinitessimal recess and not, sufficient. 1t Is feared, for recess appointments to be made.
 Both the Senate and House will be fin session tomorrow. but from appearances neither body cares to take the initiative. and the outcome is uncertain.
 The Senate Committee on Military Af- fairs will convene Monday at Il o'clock to resume it's hearing of the Wood case. If the hearing should continue until one minute after F o'clock. the committee would be in the unique situation of in- vestigating a matter which was not pend- ing before the Senate.