Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-12-05
His Nomination Will Most Likely
Utterly Fail Of Confirmation
By the Senate.
WAS A RECESS APPOINTMENT.
They Terminate When Congress Meets
In Regular ScsSon--Iiis Friends
Are Anxious

WASHINGTON, Dee i--llnless there Il
IN agreement by both houses of Con
gress to adjourn the present session
before noon Monday, when the regu'
lar session begins. all nominations
must fail, and il the present special
session ends with the beginning Of IN.
regular session. thus preventing the
president from sending recess appoint
ments TO the senate. an pending re-
cess appointments must terminate with
the converting Of Congress In its regu-
lar session. These considerations today
furnished the incentive for number
of conferences looking to an agreement
10 adjourn on Monday or even tomOr-
row. Friends Of Cen Wood are vitality
interested and will try 10 bring about
an adjournment by concurrent action,
Failure Of such action would mean
Gen. Woods reycrsion OF the rank of
brisadier- general and have similar et-
feet on the appointments Of l6l army
officers advanced by reason or Gen
Woods promotion, all OF whom have
assumed the rank and pay Of their new
appointments in the same manner as
though their nominations had been
confirmed by the senate.
MUCH ALARM FELT,
The situation has also been canyassed
at the war department and much alarm
II felt over the disturbance that viii
occur regarding officers who were pro-
NOTED in recess and whose rank de-
Ponds on the promotion of Gen,
nd nth nfu In "A sf
this situation. Il is possible that the
administration will suggest sine die adj
journment One reason given by the
leaders of the house for not passing
II resolution Of adjournment was that II
would be discourtesy to the president
TO adjourn called session without
completing the work for which II Is
called. Members Of the senate say they
were ready to adjourn 10 days ago
and a resolution Of adjournment would
probably have been sent TO the house
II II 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 in the senate.
IL NOMINATION FAILS.
II has been argued In the senate that
Of confirmation through the failure of
The senate committee on military az
fairs to complete It's hearing OF charges
against confirmation, or for other
cause, the nomination would be again
sent TO the senate for action at the
regular session. This program was
suggested on the theory that nomina-
lions OF recess appointments have the
same erect. An examination OF the
rules. however dlscloses that a nom
nation 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 II re-
cess appointment the appointee Is given
The rank and pay of the position for
which he Is named but under the Con-
stitution the commission only continues
to the end of the next session Of the
senate.
CONSTITUTIONAL PROVISION.
The last paragraph of section 2
article 2, of the Constitution of the
United States follows.
The president shall have power to
MI all vacancies that may occur dur
ing the recess of the senate by grant
ing commissions, which shall expire at
the end Of the next session"
~ is argued by senators who have
given serious thought to the questions
involved that inusmuch as "the Con.
gress shall assemble at least once in
every year, and such meeting shall be
on the first Monday In December. I'M
less they shall by law appoint a differ.
ent day. (article T. last paragraph of
section ~, a recess must occur between
the termination OF the present extra
session and the Gtginning of the next
session In order to relieve the embar-
rassment resultant on failure to con-
ilrm the army nominations referred to.
The merging Of the special session
would leave only an innnitesmal recess
and not sufficient, 1t is feared for re.
cess appointments to be made.
OUTCOME VERY UNCERTAIN.
Both the senate and the house WIN he
IN session tomorrow, but from present
appearances neither body cares To take
the initiative, and the outcome Is I'M
certain.
The senate committee on military af- |
ialrs VIII convene Monday at II O'clock !
10 resume It's hearing OF the Wood ease |
III the hearing should continue until |
one minute after II o'clock the com |
mlttee would be In the unique position |
OF investigating matter which VIVA
not pending before the senate
WOODS PAY ACCOUNTS.
Washington, Dee. 4-The first wit. |
ness to be heard ON Monday BY the !
DhDDA DOlO