New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-01
NO CONSTRUCTIVE RECESS
Senate Judiciary Committee adopts
Mr. SDO0fler's Opinion as a Guide.

Washington, Feb. 2S-The Senate Committee on
the Judiciary by adopting to-day the views Of
Senator Spooner concerning recess nominations
and what constitutes a recess Of the Senate has
declared that there can be no constructive recess.
The decision. If any legal standing were given to
by the action Of the Senate would affect the
nominations Of General leonard Wood, Dr. W D.
Cru-n. Collect u the Port of Charleston, S. c.
and LES other mi uations sent to the Senate in the
iHdniresirlal period between the adjournment Of
the special session, convened November 9, 1903,
and the ccnveDiug Of the regular session on De-
C-Inber Z, the two sessions having merged. All
The nominations were sent to the Senate later and
confirmed, but the officers drew salaries for the
time the Senate committee now decides they were
serving under authority Of law. This decision,
the matter now stands, would affect accounts
only. and it is not intended that action shall be
taken. II is expected rather, that the opinion Of
The committee viii only be used to govern IN the
future.
The officers Of the government affected were ap-
pointed the summer of 1903 and their nominations
were sent 10 the special session convened in No
Venber- They were not confirmed at that session,
and they were named as recess appointments in
lle Imaginary time between the merging of the
sessions Under the law, construed by the
judiciary Committee tho nominations had failed
and recess appointment: could not be made The
question originally raised by Senator Tillman,
VINO. III opposing the confirmation OF Colle9tor
1flll, 1y resolution asked that the COMMITTEES on
--cl-fy construe The statutes and thu Constitution
recess Referring 10 the word recess" the COM
H-tteas report says:
Z was evidently intended by the trainers OF the
.--s--t--.gA mat II should mean something real.
-.'. something imaginary, something actual, not
SON. tlLlng ncGuous- They used the word as the
mass OF mankind then understood il and row nm
--l--1-C IT, Il means in judgment. in this CON
-v-i-Jl- the period OF time the Senate is not
suing IN regular or extraordinary session as a
a-aHgE or the Congress, or in extraordinary session
-ar me discharge Of executive functions, when its
yerS owe no duty Of attendance when its
an ter is empty. when, because of its absence n
cannot receive comm Inlcatous from the President
o. participate. a body, in making APPOINTMENTS
II would seem quite natUI al that there should
Pc q con stTuctIVe session OF Congress Of the
senate as & constructive recess We think there
eo1structiFe beginning Of a session Of Congress
OF NJ The Senate.
The Constitutional provision that the commits
sion tuf officer shall expire the end Of the
next session IS -Eelf-eXecutnG anC when the
SION expires the right TO hold under the commits
Eola- ~ sine between the end Of one session and
me begin ing Of another. since of necessity one
e-ls and another begins, the tenure under the
mission a absolutely terminates as II months Of
recess slI5e-Ve-ed.
There was not q moment when the President
--e S=Ihte- II in session 10 receive any nomi-
--1-prs message he might communicate. There
t.s no recess' within the letter spirit of the
institution. and. therefore, there was no right 10
.Seie c3-llissions and nduct the officers commits
stoned into Office
The theory Of constructive recess" constitutes
t-ay draft upon the imagination, for II involves
Constructive ending Of session, a constructive
iesl11irs Of another and q constructive recess be-
wen me two