The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-05
TiIlman's s Resolution Con-
cerning Crum.
THIS MATTERAGAIN UP
The st. Louis Exposition Amendment
to the Urgent Deficiency Bill Still
Before the Senate When
That Body Adjourned
for the Day.
for the Day.
(By the Associated Press.D

(By the Associated Press)
Washington, D. c., Feb 4-The resolu-
tCns introduced by Mr.. Tiliman making
inquiries OF the Secretary OF the Treasury
Crum as collector of the port at Charles
ton, S. c., and directing the Senate Com
mittee on the Judiciary to make an IN
quiry as to what constitutes a recess az
pointment to Office, were taken up in the
Senate today and Mr.. Tillman took the
floor to speak. Mr. Hale, who was aDx-
ious that the Senate proceed with the Ur-
gent Deficiency Bill, suggested to MI.
Tillman that his resolutions might be
passed without debate, but the South
Carolina Senator declared that he did
not want to send his baby out INTO
the world without any clothes and pro-
ceeded with his speech He gave way
temporarily, however, to permit the read
ing OF a statement by Secretary Root
concerning recess appointments which was
presented by Mr.. Proctor.
Mr. Root recognizes that the manner Of
merging the two sessions of Congress nee
essarily brings forward contrary view =.
as to their having been a recess between
the two sessions and he says thelC
involved mot merely the proposition that
there was an end OF a session of Senate
within the meaning of the Constitution,
but also the proposition that there was a
recess of the Senate within the meaning
OF the Constitution, for there can be no
end OF a session until time is reached
when there is no session, and the tine
when there is no session is a recess. The
recess may be called constructive but
it is 10 more constructive than at the
END of a session which is assumed to hap
pen. A constructive end involves con
structive recess. A real end involves .
real recess"
Mr.. Tillman claimed that the records
show that on December last, Mr.. Cru,n
was both nominated and appointed, and
h. declared that such course had been
without previous parallel Mr. Tillnlan
declared that there us no interim be-
tween the two sessions.
Mr.. Lodge said that after adjourning
the extra session The President protein.
had left the chair, returning af1erward
with the chaplain who had offered prayer
al 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
returned Immediately to call the Senate
together n regular session. To say that
there had been a recess was like saying
that there had been an interim betwce.
the last second OF December 31st, 1908
and the first second of January L. 19c4
He challenged some Senator to say that
there had been a recess on December TIN
and the challenge was responded to by
MIR. Platt Comm, who said that ''if there
had been no recess in December the re-
cess appointments made prior to the be-
ginning Of the extra session cid not go
over into the regular session.
Mr.. Tillnan did not accept this theo@y
and replied that while there had been 10
recess the records show that this bad
been an end Of one session and a begin
ming of another. This" he said, re-
ferring to Mr.. Platt's suggestion, is q
very attenuated thread for a great con-
stitutional lawyer to hang a commission
on-quite as unsubstantial as the spider :
web of which Mahomet's bridge was
built"
Mr.. Tillman also spoke of the propriety
of Crum's appointment saying that he was
net a 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
as to relieve that committee of the re-
cessity of deciding whether commissions
are held as result of unlawful au-
tbority of the executive"
Mr. Tillman assented, saying that he
was willing to have the committee .'wras-
tie" with the question.
The resolution as amended was tnen
Aagreed to. This other resolution was IL
sTe6pitalv roctponpd