Los Angeles herald., 1907-06-02

SO
nators themselves. The action of all
gnators is not by any means thus in
nuenceu. Some refuse to recommend
" an Office to which the applicant
woulo nave to be confirmed. Such SEN
cor,,,,,,n Wlsn TO be left free to act un-
oiililtted ~ and impartially.
II mas been rare that a nominee n, n
capinet position has been opposed. and
a. SUN that one has been rejected
, INC tneory being that it is the privi-
l1se s. vi the president to select his Off
ciaI FAMILY, Opposition has never been
put on party grounds.
IN ros.antially ros 1T has been the same
III respect to representatives to for
elgn governments, though oooosio,,aIi,,
| tnere nave been reflections Tbe most
notaple was the case of Martir Won
buren, nominated to the court of e.
James. His rejection was brought about
oy the EFFORTS of Daniel Webster. not
IoI party reasons, but because as sec
ielaly oI state he instructed our min
lster TO England to inform the Rritisb
foreign office that the new ad,nin,stra-
tlon held different and more liberal
views on question at issue hatuaan
the Two governments than its nrede-
cessor which tended to defeat an aeree-
ment more favorable to this countrv
than the one finally made. Mr.. Web
S'0i iiie'in.'iiieu tnat 1t was mixing
| nome politics. with diplomacy. vhicb
should never be permitted. His sneecbes
delivered !" secret sessions were nuh-
lished by consent of the senate for tha
information of the public.
Conslueratlon OF Judicial nominations
above all others should be searching
and In the open day. 1t is the right Of
the people to have knowledge of the
capacity and character of their Judges,
| nSnanjQ1Iu fo1a
| pointed for life. In his term presidep+
Grant was forced to make the fourth
nomination for chief justice. The first
nominee wa5 an able and upright man.
but was rejected for the reason that
| he refused as attorney general to do
what certain senators desired to have
done. There were reasonable grounds
Tor opposing the other two and their
| names were withdrawn.
Political considera tions or o,,ost;ox,s
of public policy have entered into the
selection of judges. Probably LETTER.
son would not have made .Jobn Mo-
shall chief justice on account Of diffar-
ences In regard to constitutional in
depreciation. Andrew Jackson gave tbe
place to Roger B. Taney presumahlv
because ne was committed to the
legallty OF the removal of the deposits
Iroli tne national banks. Associate
Justice William Strong was annointed
because it was known that his viaws
were favorable to sustaining the con-
Stltutlonality of the greenback law
In the last four decades there hos
oeen developed an extreme idea of
senatorial courtesy, one not conceived
IN the first seventy-five years of ma
Ilonal existence under the constitution.
Inc word of senator has uniformly
oeSn accepted on a question of fact.
ana once the belief was general 10 not
universal, that in his action senotor
could not be Influenced by other tban
worthy motives, especially in regard to
consideration of the merits of norni-
nees TO public offices by the president
In the contest between President
Johnson and congress the courtesv
RUE was expanded to the extent of
permitting the Republican senator's
ttonh tneir respective states to dictate
should pe confirmed. If there were
Two Republican senators from a. state
ana they differed, other senators were
dHoWed TO vote as they might choose.
II there was but one Republican SEN
ator from state his ipse dixit was
respected the same as if there were
two.
- HAOs'o AuiSS were III Iull force when
Grant became president and though for
a time he ignored them and made
nominations to suit himself, he was
forced to respect them through rejec-
tlon or holding up of his nominations.
The senate yielded something in the
way of notifications of the tenure of
office law, which was enacted to tie
the hands of President johnson.
Those rules have done injustice to
thxy
rejected or forced to be withdrawn
from the opposition of senators or a
senator of the state in which the nomi-
nees resided. Such opposition has
chlefly been on the ground that the
nominees were not political hackers of
senators, though of the same party, or
because they wished to reward others
who had given them support or would
render them future service.
Those rules are generally in force
now, and our recent presidents have
felt that they were forced to turn over
to administration senators the dis
bursement of patronage in their several
states. 1t Is now practically in the
hands of senator's so far as concerns
the offices to which appointments must
be confirmed. 1t was otherwise before
the johnson imbroglio.
AhoiO A1S cAlSlSu III Ilduy, IL ioI dlA
the Republican states, a machine or
push that makes senators of some of
its members. The senate courtesy rule
as 1t now exists dovetails into the ma
chine. Were consideration of nomina-
tions in open sessions, the tyranny of
that rule might be broken down-sen-
ators would be obliged to openly state
the grounds of their support or oppo-
sition, and the people would be ad-
vised of them and given an opportunity
to make their views and wishes known.
The time was when the people petit
toned for appointments and they were
respected. A petition is now almost
never heard Of Appointments are
handed out without consulting the peo-
pie, but state and local bosses are con-
suited and their wishes are controlling:
Breaking down the courtesy rule would
have the effect to weaken or destroy
political machines. In popular gov
ernment publicity should always be the
rule in respect to official action.
Senators are entitled to respect for
the positions they occupy, but they
have no warrant to ignore the popular
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