Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-12-17
SURPRISED WILSON
IS BACKING LYNN
Democratic Senator Thinks
the President Violates Spirit .
of Constitution.
NAME is REJECTED
FOR CONFIRMATION
Selected for U. S. Attorney of West
ern District of New York, He
Encounters Opposition.

Administration leaders in the Senate
today expressed great surprise over the
report that President Wilson intends 80
keep in Office John D. Lynn of Roches-
ter, n. Y, whose nomination to be
United States attorney fdr the western
district of New York was unanimously
rejected by the Senate Tuesday.
I'm my opinion" said one of the most
prominent members of the Senate on
the democratic side, who has always
supported the administration in the
Senate, Ito keep a man in office who,
under the Constitution. must be ap-
ed by the Senate, and who has been
rejected by the Senate, is violation
Of the spirit of the Constitution. if
not of the letter, no matter what steps
in the matter of recess appointments
might be taken to evade the law.
do not believe that the President will
follow such a course"
He added that while he had not
looked up the law on the subject. he
doubted very much whether the ap-
be entitled to draw salary if still re-
tanned by the administration.
Senate Custom Supported.
The Senate appears to be a unit in
supporting the custom which refuses
confirmation to an appointee of the
President when that appointee is per-
sonally Objectionable to the senators
from the state in which the appoint
ment is made Already the Senate has
rejected a number of appointees whose
nominations were sent in by President
Wilson because the senator in whose
state the appointment was made OBJ
jected. But up to this time no effort
has been made by the President to re-
tain any of these appointees in office
after their rejection. Should the Presi-
dent insist upon keeping his ap-
pointees in Office after rejection by the
Senate, he will find, it is said, a united
front in the Senate against him. and
the good feeling which has existed be-
tween the White House and a majority
of the Senate in the/ past may vanish
into thin air.
Democrats insisted today that no
fight was intended on the administra-
ton by the rejection of Mr.. Lynn's
nomination. They reiterated their state
ment that the rejection followed all the
rules and customs of the Senate. But
they would not state what would be
the outcome of an attempt Of the Presi-
dent to force appointees rejected by the
Senate upon the country.
The White House has intimated. 1T Is
said, that the fight is merely one IN
which the President is engaged with
few so-called recalcitrant democratic
senator's, who have opposed the ad-
ministration's legislative program. Bu'
the fact that the Senate acted unani-
mously in the case of the Lynn noIni
nation does not lend color to any sucn
idea.
Other Appointments Rejected.
1t is true that two other appoint
ments of the President have been made
in opposition to the wishes of Senator
Reed of Missouri and Senator MARITIME
of New Jersey, both of whom have
parted from the administration on some
of the legislation urged by the Presi-
dent, and that contests are expected
over both these appointments in the
Senate. The first is that of Ewing c.
Bland to be United States marshal for
the western district of Missouri, and
the second is that of George Hampton
to be collector of internal revenue for
the Camden district of New Jersey.
The patronage club is a strong wea-
non in the hands OF the President, and
despite statements to the contrary, the
present administration has been charg-
ed with using this club freely to force
legislation it desired. The present con-
test is looked upon as merely another
phase of the patronage row, and one
which may lead to serious trouble be-
tween the President and the Senate. II
was recalled today that former Presi-
dent Taft tried to use the patronage
club on the shoulders of some of the
istration, but with disastrous effects.