New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-08
WOOD NOMINATED AGAIN.
RECESS APPOINTMENTS.
President Holds There Vas a"
Tnterral Bcfreen Sessions,
rrnou TIE TRIBUNE BUREAc.I

r-,,,s IRE TRIBUNE BUREAU
Washington. DEC I---Fresldeht t'o'7 -
day se-t 10 the Senate the nomination ol DISC
- -, leonard wood TO he major gen
eral and the nominations or i"' o'I1'
- 7rhose promotions depend on mat OK
- We. Accompanying these nomina-
- ,.-, those o. about twenty-five civilian
--.,,,ass including that Of DR.. ". D. Crum
-. Collector Il me Pert Of Charleston, :. &,
and some others made by the President IN the
last recess
-bese appointnlents are considered by the
President and his advisers 10 he recess appoint
1neuts The question OF their status mas oeeh
discussed thoroughly by the President with the
-. I,,,-,s-s Connected with the administration
and ir Congress. The conclusion has been
reached that between the time Of the falling Of
NJ F-r-es eayel signifying the close Of the ex-
--s,r-5rarv session and the calling TO order Of
a., SENATE in The regular session Of Congress an
s,-rarfab bic lapse of time occurred In this time
,l,s srrointTlent were technically made and they
,-s raearded 10y the administration as recess ap-
Continents and the appointees. therefore. viii
e~ef,-e The pay and exercise all the authority Of
he rank 10 which they are promoted.
This was the only way in which the appoint
r,ents and promotions could be kept before the
senate The Senates failure 10 act the
nominations representing recess appointments
cancelled them and Il became necessary 10 re-
new them III the names thus sent to the
senate for The second time are those Of twenty
officers Who were colonels on the active list
and who were retired as brigadier generals as
soon as they received their recess appointments.
GREAT INTEREST IN THE ARMY.
50 far as the army was concerned the greatest
interest attached TO the fate OF these officers.
There is difference OF opinion among the legal
authorities 10 the status Of these eK-cOlOnels
The Judge Advocate General Of the army insists
that they are brigaders the retired list
They accepted their recess appointments and
have been drawing the pay OF the higher grade.
Their retirement is supposed to have protected
Them from nolestation, and they are not re-
zarded as having gone back TO their old grade
as ii is held by the same authority is the posi-
zion 81 Wood and the officers who were promoted
on his account and who are stu the active
list There has never been similar case and
II must remain open question whether the
retired officers are really brigadiers on the re-
tired list OF colonels back on the active list
II The latter view prevails. there viii be con-
fusion al once on account Of the fact that some
a. the officers thus favored in the recess have
attained the retiring age since their recess ap-
rriutuenr. and If that appointment is not TO
hold they must be regarded as having gone on
-re retired list as colonies by operation Of
s~
STATUS OF RETIRED OFFICERS.
50 Tar as General Wood. General 7. H. Barry
.r1 trz active officers junior 10 them are con-
..r-1 they are now supposed TO have re-
verified 10 their former commissions. $ II nothing
I'D been done in their behalf in the recess.
.rre ~ the War Department people held that,
a matter Of fact. Wood and the other officers
-r. ONT # the service. but this would not have
.arl-a=d o. any OF them. says the judge ad-
-e.a-t general unless the commissions they
.-.@iy vacated in the recess. TO 20 up
..... lad been filed II the Senate, in other
-.-l. had confirmed the nomination Of Colonel
g. Earry. Of The adjutant generals depart
mer. on duty Ak Governors Island, as briga-
ger general, there would have been no place in
which L. put Wood when the extra session end
ed without action on Woods appointment as
major general II this flank movement was
Izrt If the strategy Of Woods enemies in the
Senate. il did not appear in their open tactics;
~ any rate. any attempt 10 work Wood out Of
the army by such Tuse was expected by the
War Department. and such game was blocked
very Early in the campaign.
Possibly. when the vouchers OF the retired
hrigadiers reach the accounting officers Of the
Treasury Departmental the Senate has not by
that time confirmed the nominations sent III TO-
day iu those cases-there may be some question
whether the settlement shall be on the basis
Of pay "a retired brigadiers or as that Of active
colouels. Il IS merely a matter Of bookkeeping,
for The most pare 50 far any Of them
conckrned In the end Wood and the rest VIII
Get their full pay, since their commissions date
back 70 the day when they accepted the recess
aupofutmeurs The Wood nomination sent in
dav dated from August = In the mean time
they NAV not get the pay OF the ranks 10 which
they have been promoted from to-day until
they are confirmed but in the end. il they are
confirmed every one will get fuli pay with
autedated commission
30 one is alarmed over the situation II
seems TO be only q question Of waiting for the
Senate TO get through with its investigation OF
Wood for everything 10 60 through with titles
protected and with loss of pay TO no one
TEST CASE MADE
The commissions Of the army officers have
been made our dated back 10 the time last
summer when the appointments originally were
made Secretaries Root and Moody had con-
ference with the President to-day before the
arrofrtmenrs We're sent TO the Senate Their
opinion comedies with that OF the President.
With a view 10 securing a legal decision. how
ever Secretary Root has authorized the pay
master general 70 make a test case. ana BRING
Il 70 the attention Of the Controller OF the
Treasury at the earliest possible moment