Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-04
THE RECESS QUESTION
Matter Again Being Threshed
Over in Congress.
MR.. TILLMAN SPEAKS
ADDRESSES SENATE ON THE
CRUM APPOINTMENT.
House Engaged With the Diplomatic
Bill, but Listens to Speeches
on Other Subjects.
Mr.. TILLMAN SPEAKS

At the beginning Of today's session the
Senate passed a bill directing the director
of the census to cooperate with the Secre-
tary of state Of the state of Michigan In
taking the census of manufactures in Mich
igan.
The Crum Appointment.
The resolution introduced by Mr.. Tillman
making inquiry of the Secretary OF the
Treasury concerning the appointment of w.
d. Crum as collector Of the port at Charles
ton, S. c.. and directing the Senate commit
tee on the judiciary to make an inquiry as
to what constitutes recess appointment to
office, were taken up and Mr.. Tillman took
the floor to speak. Mr.. Hale, who was
anxious to have the Senate proceed with the
urgent deficiency bill. suggested to Mr.. TIL
man that his resolutions might be passed
without debate, but the South Carolina sem
ator declared that he did not want to send
Ibis baby out into the world without any
clothes and proceeded with his speech He
gave way temporarily. however, to permit
the reading of a statement by Secretary
Root concerning recess appointments which
was presented by Mr.. Proctor.
Mr.. Roots Statement.
Mr.. Root recognizes that the manner OF
merging the two sessions Of Congress
necessarily brings forward contrary views
as to there having been a recess between the
two sessions, and he says there is involved
mot merely the proposition that there was
an end of session of the Senate within the
meaning of the institution, but also the
proposition that there was recess of the
Senate within the meaning of the Constitu-
ton, for there can be no end of a session
until a time is reached when there is no
session, and the time when there is no Ses
sion is a recess. The recess may be called
constructive, but it is no more construct
i've than at the end of a session which is
assumed to happen. A constructive end in
wolves a constructive recess. A real end in
wolves a real recess.
He also gave way to Mr.. Hoar, who sug
geSted that the resolution directing an in
quiry by the committee on the judiciary be
amended SO as not to be offensive to the
executive department. Mr.. Tillman dis
claimed any intention of dsrespect. and
said that if he believed the President had
been guilty of unlawful conduct he could
see no reason why he should not say SO.
Mr.. Tillman claimed that the records
show that On December last Mr.. Crum
was both nominated and appointed, and he
declared that such a course had been with
out previous parallel. Relating the par
tculars of the adjournment of the special
session, Mr.. Tillman declared that there
was no interim between the two sessions.
Mr.. Lodge called attention to the fact
that after adjourning the extra session the
president pro tempore had left the chair
and descended to the floor, returning after
ward with the chaplain, who had offered
prayer for the beginning of the first sitting
of the new Congress.
Mr.. Tillman declared in response that the
presiding officer had not gone three feet
from the chair, and said that he had re-
turned Immediately to call the Senate to-
gether in regular session. To say that there
had been a recess was like saying that there
had been an interim between the last sec
ond of December 81, 1908, and the first SEQ
ond of January l, 1904.
Mr.. Platt's Point
He challenged any senator to say that
there had been a recess December Z, and
the challenge was responded TO by Mr..
Plat Comm. who asked whether IF there
had been no recess in December the recess
appointments made prior to the beginning
of the extra session did not go over into the
regular session."
Mr. Tillman did not accept this theory,
and replied that while there had been no
recess. the records show that there had
been an end of one session and a beginning
of another. That" he said, referring to
Mr.. Platts suggestion. SIS very atten-
uated thread for a great constitutional law
yer to hang commission on-quite as I'M
substantial as the SPIDERS web of which
Mahomet's bridge was built"
What" Mr.. Tiiman asked, becomes of
the Constitution"
Mr.. Plat, replying to this question, ex-
pressed the opinion that it is the intention
VI Inc SOHSllluliol NuCEc StSSionS CofIic W
gether as the last extra. session and the
present regular session did, that recess ap-
pointments should hold over to the regular
session in order that vacancies in offices
might not be created
MIR. Tiliman claimed that in the Crum
case the statute had been violated and in
the case of General Wood the Constitution
had been opposed
Mr. Tillman also spoke of the propriety
of Crum's appointment. saying that he was
not fit man for the position. and that the
community had made many protests against
his selection.
Mr.. Hale suggested the amendment of
the judiciary committee resolution so
to relieve that committee of the necessity
of deciding whether commissions are held
as a result of unlawful authority by the
executive"
Mr.. Tillman assented, saying that he was
willing to have the resolution amended as
suggested and leave the committee to
'wrastle" with the question.
Resolution Agreed To.
The resolution as amended was then
agreed to. 1t instructs the committee to
report to the Senate what constitutes a
recess of the Senate. and what are the
powers and limitations OF the executive in
making appointments In such cases"
The other resolution was indefinitely post
poned
HOUSE OF REPRESENTATIVES
The House resumed considera ton of the