The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1903-04-03
FRAUD ON CONSTITUTION
KooScvelPS Act In Appointing Crum Viola
ton Of Constitution of United
States.

| b "SS'i9 VII inc acJlOn OF
President Roosevelt in making DR.
Crum Collector of tho port of Char
lesion are as follows:
"before he (the PresidenD enters
on the execution Of his office he shall
take tho following cath: 81 do solemn.
ly swear that | VIII faithfully execute
| tho Office Of President of the United
States, and will to the best of nv
ability preserve, protect and defend
the Constitution Of the United
| States"
T. "Ho shall have power, by and
with the advice and consent OF the
Senate, to mako tronties and he shall
nominate, and, by aud with the ad.
vice and consent of the Senate, shall
appoint ambassadors, other public
ministers and consuls, Judges Of the
Supreme Court, and all other officers
Of the United States whose appoint.
ments arc not herein otherwise pro-
vded for"
). "rhe President shall have power
to fill up all vacancies that may hap
pom during the recess of the Senate,
by granting commissions which shall
expire at the end Of tho next ses
sion"
i Ia hnl t,ly 1 I,
bo faithfully executed"
MIR Roosevelt, us is known, has
complied with the first of these pro.
visions. The question is whether he
has oEoyod the second and third:
whether h" has "taken care" that
til" "laws' which they prescribe for
the government of his conduct, be
BEAUTIFULLY cxecutod'-or has taken
caro-, rather, to misconstrue their
PLAIN terms; to cvade their one right
application; to execute them unfaith-
fully; to disregard his oath; and 80
to perpetrnte fraud on the Constitu-
ton. The third provision presents
no difficulty or problem It's obvious
meaning IL that, when the Senate has
adjourned and is iu recess, SO that
its advice and consont cannot be OBJ
tanned, if "n Office happens to become
vacant the President may fill it until
the Senate has convened again and
has had time to consider and act up.
on IT.. rho commission 30 granted
ny tho President is expressly made of
temporary effect by the provision
whc!l authorizes him to grant it.
It's tenure is not left to his discretion,
or that of the Senntr, or that of auy
other person or body, ont is strictly
limited and ordnied
The Prosdoul and the Senate arc
thoughtfully allowed all the time of
the ''neXt' session Of the Senate after
the vacancy has happened and has
boen 80 ii'l"d temporarily, to advise
and consult together regarding the
fitness OF the commissioned man. IF
the Senate consents to his "nomina-
ton" before tho end Of its session he
is "appOin.od" If it do not, his
temporary commission expires with
the session, He has 40 further
stnn!iuE rs an o1icnr, under the
Constitution, ard the President can
not lawfully & We him such standing.
There is no provision Of any law that
authorizes or warrants in any degree
tho Prcsidr:l to commission him
anew, or TO continue him in office for
an hour. If no holds on to his office
and acts in it, he does 80 solely on
, the Presidents personal authority,
not on his oilicin! and lawful autho-
rity All this IS the obvious mean
ing Of the provision. 1t is the only
meaning which can be attached to it
y any power o. person who iB
. "tnkiag care 10 constrne it honestly
and strictly according to the interest
!, of it's frnmcrs, and the faithful OK
ecuton" Of the law it expresses must
ba in tho line Of such construction.
There is no lawful alternative course.
0 President Roosevelt has not 30 con.
q strned 1t; he has taken care to find
| Il ~