The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-05

ton, s. c., ana directing tho Senate Com.
mittce on tho judiciary to make an In
.qulry as to what constitutes recess
appointment to office we're taken UP IN
Tho Senate to-day, and Mr.. Tlllinar took
the floor to speak.
MI. Hale, who was anxious to have the
sonate proceed with tile urgent deficiency
bill. suggested to Mr.. 1'i1tnar that his
resolutions might be passed without de-
bate, but tho South Carolina senator
declared that he did not want to send
nils baby out into the world without any
ciotllcs,' and proceeded with his speech.
He gave way temporarily however 10
permit the reading Of a statement by
Secretary Root concerning recess nppont-
ments.
Mr., Root recognizes that tho manner
OF merging tho two sessions Of Congress
necessarily brings forward contrary views
az Ia there havinb boon q. recess between
the two sessions, and he nays there Is In
VOWED "not merely the proposition that
there was an end of the session OF the
Senate within tho meaning of tho Con.
sttutlon. but also the proposition that
there was a recess OF tho Senate within
the meaning OF the Constitution, for there
can DO no end OF e. session until q time
Is reached when there Is no session. and
recess. The recess may be called con.
structive,' but 1t Is no more constructive
than at the end OF session which Is
assumed to happen. a constructive enc
involves constructive recess. A real end
involves n real recess II
Mr. Tillman claimed that The records
show that on Decemborf7t last, CrunI
was both nominated and appointed
and lie declared that such a course had
been without previous parallel Mr.. Till
man declared that there was no interim
between the two sessions. Il
Mr. Lodge said that after adjournlns
the extra session the president pro tenn.
had left the chair. returning aftcrward
with the chaplain. who had offered
prayer at the first sitting Of the now
Congress- 85s. 318, 5e
Mr.. Tillman declared In response that
the presiding officer had not gone three
feet from the chair and said that he had
returned Immediately to call the Senate
together In regular session To say that
there had been a recess was like saying
ttiatl there had an interim between the
last second OF December 81, 1903, and the
first second Of January l.. 1904.
He challenged some sena tor to say that
there had been a recess on December
18th, and the challenge was responded TO
by Mr.. Flat (CDnnectlcut),554W VINO saiu
that III there had been no recess in
December, the recess appointments made
prior to the beginning OF the extra ses-3
sion did not go over into the regular
session. u v.
4 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.. Pldtt's suggestion, is a
very attenuated thread for great con-
stitutional lawyer to hang commission
2on-quite as lunsubstantial as the spiders
web of which Mohomet's bridge was
built. Il. y 81 II
~ 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 pro.
tests against his selection.
Htr. Hale suggested the amendment OF
/. the judiciary: Committee resolution 50 8
TO relieve that; committee of the neces-
sty5 Of deciding whether commissions are
held as a result Of unlawful authority
OF the executive. s @
Mr.sSTillman assentcd, saying that he
wasT5 willing to have the n. COMMITTEES
"'wrastle' with the question
The resolution as amended was then
agreed to. The other resolution was In
definitely postponed 81 r