New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-05
TANGLE ON ADJOURNMENT
NOMINATIONS TO FAIL
Mag Be No Chance for Recess
appointments.


Washington. De-. 4-Unless there IS an azrss-
rnent by both houses Of Congress 20 adjourn the
present session before noon on Monday when the
regular session begins. All nominations must fau.
and II the present special session ends by lirni-
tation. thus preventing the President from send
ing recess appointments 70 rhe Senate All pend
ing recess appointments must terminate wfrh
the meeting OF Congress iu regular session.
These considerations to-day furnished the in
centive for a number OF conferences looking 70
an agreement TO adjourn on Monday. or even
tomorrow. in order 70 permit the President 70
send in recess appointments. Friends OF General
Wood are vftalIy interested. and viii try TO bring
about adjournment by concurrent action. Fall
ure OF action would man General Woods re-
version 70 the rank OF brigadier general and
have a similar effect on The appointments oe
1S' army officers. advanced by reason of Ger
eral Woods promotion. ali OF whom have as
sumed ths rank and pay Of their new appoinf-
rnents IN the same manner as though their no-ni-
nations had been confirmed by the Senate
THE ADMINISTRATION VIEW.
The situation also has been canvassed at ths
War Department, and considerable alarm IS felt
over the disturbance that win occur regarding
officers who were promoted n the recess and
whose rank depends on the promotion OF General
Wood and other officers. In view Of this situa-
ton it is possible that the administration viii
suggest sine die adjournment One reason given
by the leaders Of the House for not passing a
resolution Of adjournment was that # would bs
discourteous 70 the President to adjourn a
called session without completing the work for
which IT was convened Members OF the Senats
say thev were ready 20 adjourn ten days ago.
and a resolution CT adjournment probably
would have been sent to the House II II had
not been reported and not denied that the Houss
would not give consideration 70 2 resolution OF
adjournment
The situation is said 70 he without precedent
in the Senate L had been argued that II ths
nomination OF General Wood should not be con-
hrrned through the failure Of the Senate Com
rntttee on Military Affairs 70 cor1plste It's hssr-
ing OF charges. or for other cause that the nom
tnation would be again sent to the Senate for ac-
tion at the regular session This programmes
was suggested on the theory that nominations
and recess appointments have the same e1ec--
An examination Of the rules however shows
that nomination does not carry authority for
the President 70 cIothe the nominee with rars
and pay Of the once To which he is appointed
AS TO RECESS APPOINTMENTS
In ths case Of a recess appointments the zp-
potntse has the rank and pay OF the placs Tor
which he IS named. but under the Constitution
the commission continues until the end OF tha
next session OF the Senate The last para agrara
the United staras is as follows
The President shall have PoTer u A. NJ al
vacancies that may happen during the recess
Of the Senate, hy granting commissions vrhtc1
VIII expire az the end cf t5str neE- session
Il is argued By Senators who have given sa-
rtous thought 70 the questions involved that. IN
asrnueh as the Congress snail assembls az Ieasz
once in every year and such meeting shan b
on the first Monday in December. unless thew
shall By law appoint different day (ArtIcle 7.
LAST paragraph OF Section 4. a recess must
occur between the termination Of the present
extra session and the beginning Of the next ses-
sicn, in order 70 relieve rhe embarrassment r.
suting from failure 70 confirm the army nor,-
tnations referred to The merging Of the special
into the regular session would leave crly an
inhniresinaI recess, not sufficient, y is feared.
for recess appointments % be made
Both the Senate and House viii be II session
tomorrow. but. from present appearances,
neither body cares 20 take the initiative. ani
the outcorrs Is uncertain
The Senate Committee on Military Affairs VIII
meet on Monday ar Il o'clock, 20 resume irs
hearing OF the Wood case II the hearing should
continue until one minute after u O'clock tha
ecumittee would be in the remarkable situation
OF investigating a matter which was not psn1i-z
before ths Senate