The Washington herald., 1906-12-12

The Cabinet nominations are still hung
up in the Senate. II is not probable, how
ever. that they viii be long in this condi-
ton The latest trouble with them is the
uncertainty as to the use of the adverb
'soon," which the President employed in
the case of Postmaster General Cortelyou,
whom he nominated Ito be Secretary OF
the Treasury in the place Of Leslie NJ.
Shaw. who is to resign soon.
At the close Of Senator Burrows speech
yesterday on the right of Reed Smoot to
a seat IN the Senate. Senator Cullom
moved an executive session, and for half
an hour there was discussion of the
Presidents adverb The first question to
arise was whether disposition should be
made OF the Cabinet nominations. Sena-
tor Culberson asked that as a matter OF
courtesy. unanimous consent be given that
the nomination of Mr., Moody to be JUS
tice Of the Supreme Court lie over, as he
had information that he desired to lay be-
fore the Senate. Senator Carmack Joined
in this request, and for a like reason.
The current explanation of this phase OF
the obstructive tactics employed TO delay
the Presidents appointments was that the
Democratic Senators have had called tC
their attention two bills prepared by Mr.
Moody when he was a member Of the
House as far back as the Fifty-sixth Con-
gress. One OF these proposed reduction
of the representation of the Southern
States I'm the ratio Of the excluded negro
vote. The other was a peculiar measure
in regard TO lynching. This bill is describ-
ed as providing that counties where lynch
ings of "colored' persons occur, may be
fined TO the amount OF 5000 for failing tc
prevent such an occurrence. and ali citi.
zens charged with participating in lynch
ings should be tried IN the Federal courts
There was nothing IN the proposed meas
ure which made il a punishable Offense &c
lynch a white person.
The Measure Redrafted.
Senators Culberson and Carmack did
not profess any objection 10 a general Law
for the suppression of lynching, but they
contended that Mr.. Moodys bill contem
plated no penalty for the lynching oi
white citizens, and was. therefore. objec
tionable. II was explained that shortly
after its introduction. Mr.. Moody redraft
ed the Objectionable bill, so as to make
its penalties applicable to lynching re
gardless Of the color Of the person lynch
ed. The redrafted measure, which wa:
introduced on December 10. 1901, was en-
titled "A bill for the protection Of eitizenl
of the United States against lynching il
default of protection by States" Amonl
other things, II provided that the UniteS
States circuit courts should have juTisdic
tiOn in cases Of persons accused Of tn
crime of Iynching in any Of the States.
While the Senate. in open session, wal
listening to Senator Burrows deliver hi
argument for the removal of Senate
Smoot. word was passed around on IN
Democratic side that an interesting doc
ument was ready for Inspection in TIT
Democratic cloakroom. The exhibit wa
the first Moody anti-lynching bill B!
the time the Senate went into executivi
session every Democratic Senator an,
some of the Republicans had been mad
aware Of Mr.. M0Ody's legislative past
and not a few OF the Southerners de
clared with emphasis that they would no
vote to confirm the nomination of tn
author of such a bill as an associate jus
tice of the Supreme Court.
After they had voiced their objection
in the executive session. Senators Cul
berson and CaTmack asked for time L
investigate more fully the anti-lynchinj
legislation proposed by Mr.. Moody.
While neither Of these bills could pos
sibly be made the basis of substantial
opposition 70 the confirmation of MI
Moody, the Senate was in courtesy bOun'
TO give the two Senators the time the.
asked II is understood that some diff
Guilty is being experienced in fndinl
comics of the bills in question
Two Secretaries of the Treasury.
Action on the nomination of Mr.. Mood
and the Cabinet members being practi
cally hung up by granting the request 70
delay. other nominations reported by tn
Judiciary Committee were taken W
When the nomination Of Thomas I've
Chatheld to be United States distric
judge for the Eastern district of Ney
York. in place Of Edward B. Thomas
who is to resign sOon,' according
the statement made by the President i
his communication TO the Senate. Senate
Aldrich called a halt He said there wa
a good deal OF interest in knowing wha
was meant by soon" The objection ap
piled. he said, not only to the nomination
of Chatfield but to that Of POstmaste
General CoTtelyou, who was to sUccee
Secretary Shaw at the head Of the Treas
ury Department, when the latter resigne
soon" Referring TO the numerous rU
mors for several years past OF Mr Shaw
possible resignation, Mr.. AldTich though
that soon" was word fraught wit
much uncertainty. One Senator asked
it was to be found In the Gridiron die
tionaTy. and was told Tegretfully that
was not.
The Senate was then informed that tn
Finance Committee. at its session in tn
morning. had discussed the advisabilt
OF acting on the nomination of n
Cortelyou and the other Cabinet appoint
ments. II was urged with great force b
Senator SpOoner that if confirmation
were made there would be two SecretaTie
Of the Treasury and two POstmssters Ger
eral and possibly two Secretaries of th
Interior, although In the nomination
Mr. Garfield to succeed Secretary Hitcl
cock the word soon" had not been use
as in the case Of other nominations. II
discussion was participated in by Seni
tor Foraker and other lawyers of Il
committee, who urged that there migl
not be any serious trouble in having w
Secretaries or Postmasters General in Il
way described. so long as the incOmiu
Oflcial did not receive his commission
But II was suggested in the case or u
death of the President there would
some difficulty in deciding who held Il
Office. On all sides ia the Senate, an
there was a very general expression
opinion, il was regarded as an entangl
ment to which the Senate should not NAL
itself a party. Il was stated that Il
Finance Committee had instructed Sen,
tor AIdrich to confer with the Presidei
and ascertain Just when the retiring men
bers Of the Cabinet would vacate the
offices, and secure any information thi
would make clear to the Senate wh,
course of action should be pursued.
McIIhenny Nomination Doomed.