New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-06

tel
M states and Territori';s, Is. IIistor2 ard
Woodbura. Professor ~ Ailieiloa1 ..1' ls IL
Politics. Indiana Iui.eIsi's- '0'N' ~
80 = J. Putnams sons.
Predecessor Hyooenurn tells us thai his am 2"
.,rbliebinr ..The American Republic and is
1,,-o~,,,,.. Sc 10 provide an intermediate text
,ooi, for advanced courses fl high schools or i"'
,.,,sntar,, COURSES ID colleges. Il is "oTk TOT
,,udep,s OF American government ana Poh''0S
mo. VET equal TO digeeting Bryce's American
C,orr-nonu-ealth" Professor Woocbufn peslo"9
,inouairacd praise on BEyce's work, winch ne
l,olge 10 be unique in its rank and lnolspe'i-
sable I'M It's special field" II Il curious i"0'
that tie two most famous studies or the Alie'
loan roIftical system were made by foreigners
l5v Bryce and DE Tocaueville. Professor No"0-
lur- draws little on the French commentator
f,t ooriolslv on his later English rival In the
lime - Investigation and analysis they followed
-bc,- have apparently few worthy American
stnifarors one is struck. indeed. on glanclrg
through the authorities cited by NJ Mooopuiil
with the poverty and inconseQuence OF most
,acorr American contributions TO the study 81
o,,r s,-s-erl, OF government Many o. the cuisory
,,,arazine articles offered us as authorizes are
we fear hardly 20 be trusted ior cflO'ci' ill''''
pence or paiustakng accuracy.
This book IS in the main. concise ana circuit
shle analyeis OF the complicated MACHINERY OF
c. "a federal government. But it betrays
either the authors own carelessness or Inc
.e,,I.s ~ the sources 10 which he has gone. II
lacks authoritative first hand knowledge, ana
faIls. consequently, into many serious err0's.
In this perhaps. il only reflects the haste anu
supe~hciality % most Of the political Wrltlhs
OF orr day In discussing. for instance 1ie
Presidential succession law. Professor Nooo-
burn seems TO accept the popular notion 'l@'
all members OF the Cabinet are included in the
h. 80 raj 9 !
OF Agriculture eighth I'm the order arranged by
.,o .,,,cassion Law fDace 142). But there is very
serious reason TO doubt the right Of the Score
fairy Of Agriculture or the Secretary OF Com
rerce and La Dor "a Cabinet post created In lS'o)
TO succeed under that act The succession Jaw
was approved on January -. lSS6 II proFloeo
that '.in case OF removal death, resignation or
inability OF both the President and Nice-Fresi-
GENT OF the United States. the Secretary OF stare
VI or il there be none. or in case of his removal
death resignation or inability" then the Secre-
tary OF the Treasury. the Secretary Of War; me
Attorney General. the Postmaster General the
Secretary OF the Navy or the Secretary of the
Interior I'm that order OF preference, should dis
charge the functions OF the Presidency BY its
terms Sections 146. Ia. l4S 149 and 80 Of the
Revised Statutes were repealed.
Ii should be noted that the officers designated
were not designated as members Of the Cab
inet" Il should also be noted that the five
statutes repealed were embraced IN Title III
OF the Revised Statutes. TO which the succession
. act was an amendment The act creating the
Department OF Agriculture executive depart
ment was signed February 3, 1880 Il provided:
That the Department OF Agriculture shah be
an executive department under the supervision
and control Of a Secretary Of Agriculture. who
shall be appointed by the President by and
with the advice and consent Of the Senate; and
Section 1sS OF the Revised Statutes is hereby
amended TO include such department: and the
provisions Of Title ~ Of the Revised Statutes.
including ali amendments thereto. are hereby
made applicable 10 said department
There is nothing in this act TO bring the Sec
rotary of Agriculture within the scope OF the
succession Law. Whether by intention or mad
vertence Congress did not amend Title III Of
The Revised Statutes so as TO add his name to
the list OF eIigibles already designated Nor
did IL in the ACT creating the Department OF
Commerce and Labor make that act operative
IN any manner amendment OF Title III
Therefore only seven Of the nine Cabinet MEM
bers seem legally empowered 10 succeed TO the
Presidency.
on page 211. in discussing the executive func-
tions OF the Senate Professor woodburn says:
Appointments and treaties made 10y the Presi-
cent must be confirmed by a two-thrds vote"
The Constitution requires two-thirds vote for
The ratification OF treaty. But there is no
such check in the Senate on the Presidents
power OF appointment. A majority vote
firms or rejects nominations. The author seems
10 realize this himself. when he says on page
229 that Roscoe COnlling and Thomas 9. Plat
resigned from the Senate ia 1881 because they
saw that Senatorial courtesy would not prove
strong enough 20 lead majority OF the Senate
TO stand by them FOR the rejection OF the Presi-
dents nomination" the nomination of William
Il Robertson 10 be Collector OF the Port OF
New-York. The author tells US on page Do
that when President johnson was impeached
and tried. in lS6S. eleven" Republican
Senators voted for his acquittal. Only seven
Republican Senators so voted. as is cor
rectly stated on page 239 They were Senators
Fessenden. Fowler. Grimes Henderson. Ross.
Trumbul and Van Wrinkle.
On page 291. among the House committees al
legged TO have charge Of appropriation bills. We
ind 1.-THE Committee on Consular and Diplomatic
Service" and "the Committee on Pensions"
There is no such Rouse committee as the one
frst named The Committee on Foreign Al
fairs reports the Diplomatic and Consular Ap-
preparation bill. The Pension Appropriation bin
IS reported. not by the Committee on Pensions
but by the Committee on Invalid Pensions
distinctly different body. In the same chapter
on the House OF Representatives page 27l. the
name OF the well known speaker OF The British
House OF Commons is distorted from Gully 10
Tully. on page 3J4 Professor woodburn says
that the salaries OF our State judges range from
$1,000 in Oregon to $4,000 in New-York New
York pays its Chief Judge OF the Court OF Ap-
peals $4,000 and his associates S137o0 JUS
tees OF the supreme Court OF New-Yorl. in the
First and Second districts receive annual sala-
ries OF S17. 500
Ia she chanter on the Perrifories sra tbair