New-York tribune., 1908-05-10
EXECUTIVE PRECEDENT
BROUNSTILLE P4R4LLEL.
VIM President Harrison petoed Blu
4fecting 4ppointiue Pozcer.
fFrom The Tribune Bureau. !


Washington May 9.-The President IN ms
declaration made to at least two Senators, that
the proposed Foraker resolution requiring him to
appoint certain individuals, discharged soldiers
of the 25th Infantry, to the army would pe ui-
constitutional is supported by one of the aplest
constitutional lawyers who ever occupied the
White House no other than Benjamin Harrison,
who on February 26, 1891. vetoed the bill Great
ing the division of records and pensions OF the
War Department and authorizing the President
to appoint as it's chief and as a colonel OF the
army F. c. Aiusworth then a surgeon with the
rank of major on the ground that Congress was
uuwarrantably interfering with the apPointiSe
power vested in the Executive.
In his veto message, President Harrison said
l do not think it is competent for Congress 10
designate the person who shan fill An office Gre
ated by law, and practically nothing remains or
the bill under consideration II this person Is not
to be appointed. l cannot agree that
the selection of the officer shall be taken our
of the discretion of the Executive. where the
responsibility for good administration necessar-
ily rests 1t is probably true that the officer
intended be benefited is peculiarly deserving
and has had remarkable success in the discharge
of the duties of the office; but these are CON
siderations for the appointing power, and might
he allowed that active places connected with
the executive departments can be created upon
condition that particular persons are, OF are
not, to be designated to fill them, the power or
appointment might be wholly diverted from the
Executive TO the Congress
WHAT THE SENATE DID DO.
BY way of completing the historical record 1t
might be well to add that the following year the
Senate passed a somewhat similar bill, but the
House warned by its experience of the year be-
fore so amended the bill TO leave wholly to
the discretion of the President whom he should
appoint TO the Office created. Probably out OF
compliment TO Congress. as well as because OF
Forth n
had invented a card index of exceptional value.
President Harrison appointed him to the Office
and nominated him a colonel in the army, which
nomination was confirmed by the Senate
It is not known II the President has recalled
this precedent set by President Harrison, but II
is arded as probable that he has discovered
an ample number OF precedents 70 warrant his
declaration that action by the Congress Great
ing vacancies in the army ana directing the
President TO fill them with particular individuals
would be unconstitutional
While apparently not matter of record, II
is also true that those who were members OF
the upper house when the Ainsworth incident
occurred now say that President Harrison
warned Senator's not only that If Congress per
sisted In inserting DR. Ainsworths name in the
bill he would veto it, but that he would feel
that his oath to support the Constitution would
compel him to disregard the provisions of the
bill if passed over bis veto. because of its man.
ifest unconsttutionality. and despite the fact
that ne thoroughly approved Of the appointment
| of Dr. Ainsworth and that. a constitu-
tionaI measure enacted. he would only too
| cheerfully comply with the wishes OF members
of Congress in the matter.
PREVIOUS WARNING TO A SENATOR.
Throughout the day the alleged letters of the
President to Senators Smith and Stewart have
| committee rooms and cloak rooms of the Sen
ate, and Senators have apparently become 80
accustomed to expecting the unusual from Pres-
dent Roosevelt that of them thought to
search his memory to find precedent for the
warning said TO have been addressed TO Senator
Smith by the present occupant of the White
House. Senator Foraker is said to have de-
clared vehemently that never Congress So
threatened by executive in the previous his
tory of the country, but it is stated that
the late Senator Hawley of Connecticut, re-
ceived a similar warning from Mr.. Harrison, al
though it is probably also true that he regarded
the communication at least quasi-confden-
tial, and that not even an fntimation Of its con-
tents found its way into the public prints,
Senator Foraker gave notice in the Senate
to-day that his Brownsville resolution be made
the unfinished business" before the Senate
this being in line with his recent declaration
voted on that measure That Senator Fora
ker's motion will, if made be lost, is, however,
the opinion Of the Senate leaders, who were
moved by his recent declaration to canvass the
sentiment Of the Senate.
NO BROWNSVILLE VOTE THIS SESSION
Senator Foraker does not realize the senti-
ment on this matter said of the leaders
this evening THE Senator from Ohio feels so
bitterly in this matter and is SO heartily op-
posed to the administration that his usual po-
ltical sagacity and his legislative perspicaclty
have become minus quantities. The fact is that
the Republican steering committee accurately
reflected the sentiment of the majority when
it decided that vote would be polled on the
Brownsville matter this year If there p any
relief to be afforded to the discharged soldiers
it must come after election, and probably the
wisest course would be 10 enact the Warner
resolution, leaving the question of reinstate-
ment TO the discretion of the President but to
pass 1t late IN the next session, when the exc
cution Of the act would doubtless fall to Mr.
Taft as successor to the present Chief Exec
utIve.
Even some of Mr.. Foraker's close friends viii
not vote on the measure this year if they can
help it. ara they will be found acting with the
majority of their colleagues in seeking to pre-
vent a vote. In the House the opposition to vot-
ing the measure is even greater and even
were the Senate TO act the House would not
There, too, the sentiment is not only against
acting delicate a subject before the eec-
ton, but It is believed that it will be wiser to
wait until Mr.. Taft shall be the Executive 20
administer the law, for it is recalled that he
intervened to save the discharged negroes from
the effects of President Roosevelt's order, tenn
nora rly suspendiDe that order until he received