The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1904-01-28
THE CRUM CASE.

Senator Tillman Enlivens Proceedings in Senate.
Constitutional Right Of President to Make
Recess Appointment When There is No Recess.
Senator Tillman enlivened the proceed
ings of the senate last Friday by free
for-all discussion of the Crum case, says
Washington special to the News and
Courier. In view of the announcement
made few days ago that the commerce
committee proposes to force action on the
Crum nomination, Senator Tillman con-
cluded it was an appropriate moment to
express his views on this now celebrated
case.
The debate came up on Senator Tillman's
resolution calling upon the judiciary
committee to examine and report whether
the president of the United States has the
constitutional right to make recess ap-
pointments in cases where no recess
actually occurs.
Senator Tillman was we'll fortified for
the debate and he soon had the Republi-
can leaders dancing up and down trying
to break the force of his sledge-hammer
blows at the Administration claim that
constructive recess occurred between
the end of the extra session, which termi-
mated at noon December Z, 1908, and the
beginning of the regular session, which
commenced at::the same hour of the same
day.
Senators Spooner, Allison, Aldrich,
Hale, and Beveridge took turns in trying
to confuse the South Carolina senator
and at the same time defend the action of
the president in retaining Crum in office.
Senator Tillman said he wrote Secretary
Shaw to inquire the dateof the commission
under which Crum is now acting as
collector of the port of Charleston. Secre-
tary Shaw replied that Crum is now in
Office nnder commission issued during
a constructive recess of December z, 1908,
which is claimed to have occurred during
the instantaneous merging of the extra
session into the regular session.
Senator Tillman said Crum has been
appointed four or five times, but there is
nothing in the constitution to sanction
his presence in the custom house at Char
lesion. He claimed it was violation of
the constitution, which, if followed up in
future appointments of greater power,
might seriously embarrass the govern
ment. BE said he wanted to know what
the senate proposes to do to protect its
ancient traditions and its constitutional
rights.
SenatorSpooner madeseyeral ineffectu-
al attempts to defend the action of the ad-
ministration in continuing Crum in Office,
Notwithstanding the failure of the senate
to confirm him. Spooner reluctantly ad-
mitted that there was no actual recess
between the end of the extra session and
the beginning ofthe regular session, when
closely pressed by Senator Tillman.
Spooner contended thauCrum was holding
Office under a former commission issued
at the close of the regular session of con-
gress, March 4, 1908. There was con-
flict of opinion on the Republican side,
for Senator Hale differed with Senator
Spooner and contended that Crum is hold
ing office under new appointment sent
in by the president at the beginning of
the present session.
Spooner sought to justify the continu-
ance of Crum in Office by claiming that it
was necessary to protect the interests of
the government and provide for the ad-
ministration of the custom house at Char
lesion.
Senator Tillman promptly bowled that
theory over by declaring that the deputy
collector stood ready and, in fact, actually
administered the affairs of the Office.
Senator Tillman quoted Charles Sumner
and many other distinguished authorities
to sustain the contention that the Crum
appointment and that of General Wood
and other persons who were nominated
during the constructive recess were not
justifable by the constitution.
Without any conclusion being reached
the subject went over for further con-
sideration.