Omaha daily bee., 1909-12-03

The prestige Of the office OF president
Of the United States owes much TO Grover
Cleveland. That distinguished democrat. in
first administration. succeeded in firmly
establishing the independence Of the execu-
In his second administrator he did
TO destroy the independence Of the
legislative branch Of the government by
congress to take action against
It's will. albeit for the sake Of what Mr..
Cleveland deemed to be the best interests
Of the nation. These things were not
accomplished without a struggle. and the
Of Grover Cleveland goes down in
as the victor in two distinct con-
tests with congress.
Mr.. Jefferson was the first president to
men from office for political
General Jackson was the first to
appoint men to office for purely political
reasons and frankly avow the reasons
Mr.. Johnson attempted to follow
in the footsteps OF these distinguished men,
as have all the presidents since Jackson.
But congress, having more than two
third majority IN opposition TO Johnson.
ignored his vetoes and practically de-
stroyed the appOintive power OF the presi-
dent by the tenure-ot-office act. That
law was modified rs soon as General
Grant became president, but It was left
with sufficient force to Justify the senate
in claiming a supervisionary power over
executive suspensions and removals from
office.
Cleveland came into office in 1856 as the
first democratic president since the Civil
war. The new administrator was supported
by ar enthusiastic majority in the house
Of representatives, but the senate was
republican by a majority OF eight Under
the old tenure-of-offic act the president
was required to report suspensions from
office to the senate for it's approval. On
July Il, 1855. George NJ Duskin. district
attorney for the southern district Of
Alabama, was suspended from office and
John d. Burnett was designated as his
successor. Mr.. Burnett assumed the duties
OF the office at once. When congress met
in December. Mr.. Burnett's name was
sent to the senate for confirmation.
The republican majority invoked the
ghost of the tenure-of-office act, thinking
thereby to save something from the wreck
of party defeat by preventing the wholesale
dismissal Of republican o~ffice-holders. The
suspension Of Duskin was made the test.
The senate demanded that the attorney
general send the papers in the case to
the senate. That officer responded with
all the papers relating to Burnett's fitness
for the position but with none showing
why Duskin was removed. He intimated
that they we're not in his possession. The
senate then adopted al adroitly phased
resolution asking the president, through
the Encouragement, for the papers.
Whereupon Mr.. Cleveland came back with
a message 70 the senate which was a
declaration Of independence, a defiance and
a challenge. all in one.
II was the first Of those remarkable
state papers for which Mr.. Cleveland be-
came famous, and ranks with such docu-
ments as the tariff message and the
Venezuela message. Referring TO the de-
mands of the senate, the president said:
MY oath to support and defend the con-
stitution, my duty to the people who have
chosen me to execute the powers Of their
great office and not relinquish them, and
my duty to the chief magistracy which l
must preserve unimpafred in all its dig
nifty and vigor. compel me to refuse com
pliance with these demands"
Senator Hear and other republican lead
ers attacked the president with fury, de-
claring that he was the first to interfere
with the plain rights Of either house of
congress, and comparing him to King
Charles l.. But it developed that Duskin'
term had expired by limitation In Deem
Der and there was nothing to fight about.
The senate went on talking. and the re-
publicans had a great deal Of fun quoting
from Cleveland's speeches on civil service
reform and contrasting them with 643 sus-
pensions from office during the first sum-
mer Of his administration. But the presi.
dent had won the fight by his boldness
The senate has not since called into ques-
ton the right Of the president to suspend
or remove federal appolntees from office
In the next session OF the same congress
what remained Of the tenure Of office act
was formally and completely repealed.
In 1923 Mr.. Cleveland came to the White
House for a second term, the only presi
dent to return to office after a season il
retirement. He found a large democrati,
majority in the house and the senate wa,
also under democratic control. The countr!
was in sore distress, there was a great Fl
nancial panic, banks were breaking, fac
tories were closed. men were starving. anI
the whole people cried aloud for relief.
Everybody agreed that the financial sys
TEN Of the nation needed revision. Som
said to coin more silver, others wer,