Los Angeles herald., 1906-03-25

I of n century or more has been used t
In the early and better days 1t wa:
perpetuate the tenure of it's members
! unusual for a senator to recommend
applicants for appointments which re-
ouired confirmation by the senate. The
abstention was put on the ground o.
propr;ety, that senators should be IL
a position to act impartially. If the
president asked of a senator an optn'
| ion as to the fitness of an applicant
| it was given in good faith ana tret
| from interested motive.
| courtesy rule of a very proper
character always existed, that is to say
the word of a senator was always ac.
cepted as having been uttered in gooo
| faith and not prompted by personal in
terest, and for no purpose but to as
sure the best public service through the
competency and integrity of the ap-
pointee. A senator suspected of act
ing with view to rear up sup
mort for himself would have been dis
credited.
The Change Came
In the conflict between President
Johnson and the senate the courtesy
rule was immensely broadened ana
made more obligatory on the party
members. 1t, however, was especially
enforced within the Republican party
TO prevent the confirmation of Mr.
Johnson's nominees it was arranged
that the anti-administration senators
or senators from the state in Whlch
the office existed or from which the
nominee was taken should dictate
whether confirmation should take place
or not. In case of one antl-admn1s-
tration senator from state his Wlshes
were to be respected.
The rule was ineXorably enforced
and under it the senate became the
ruling power in the matter OF filllng
offices when senate confirmation was
required. Mr.. Johnson was forced to
submit to the will of the senate or
not make nominations at all. A law
was enacted permitting removals when
the senate was not in session, but in
case of non-confirmation of his tenn
porary appointees, the removed officers
returned to their places. Having ac-
quired domination on the matter OF
appointments to the principal offices,
the senate has obstinately persisted IN
maintaining it's position.
General Grant came to the presi-
dency at a time when the courtesy
rule as stated was in full force, and
under a civil tenure law that tied his
hands a law that VISA intended to
preserve the autocracy of the senate.
General Grant either did not under
stand the situation or he relied on his
prestige to overthrow senatorial power,
and consequently he proceeded to
make nominations to the senate on
his own responsibility. The senate held
up many of his nominations and re-
jected some, among them a very suit
able man for chief Justice of the su
preme court. The contest resulted in
some modification of the civil tenure
law, but the senate clung to its cour-
tesy rule, and to great extent Grant
yielded to it.
Nominations to cabinet places and of
foreign ministers have rarely been op-
posed because they are removed from
the politics of their respective states,
and cabinet officers are members of
the executive official family and their
relations to the president are neces-
sarily of confidential character.
Roscoe Conkling invoked the courtesy
rule of the senate, to which he had
been faithful, in his resistance to the
confirmation of Robertson to the col
lectorship of the port of New York,
and if conditions had been such that