The Washington herald., 1914-12-17
Clash due over
wilson NOMINEE
TON. Y. POSITION
President Decides to Stand
for Appointment Of
Lynn.
SENATORS REsENTFUL
Point to Constitutional Pro-
/. vision for Senate's
Power.
THEY CITE CASE OF DR.. cRUM
Democratic Member Of Upper House
Predicts Trouble from De-
cision of Executive.
THEY CITE CASE OF DR.. cRUM
Nv Joseph p. AMIN.

Unless some one backs down, SENA-
ToRIAL COURTESY and EXECUTIVE
IPEROGATIVE are due for a clash in
which either or both may be damaged.
The Senate has turned down fat the
Presidents nomination of John D. Lynn,
! of Rochester, n. Y, to be United States
attorney for the Western district OF
New York. The White House yester-
day, backed by the advice Of the De-
partment of Justice, determined to
stand by Lynn. who now is in office un-
der a recess appointment.
The White House takes the position
that a recess appointment runs until
! the expiration of the succeeding Con-
gress. Prominent Senators, identified
with the fight against Lynn. cite prece-
dents and decisions of the Comptroller
of the Treasury, tending to show that
il Lynn stays in office. no one will have
authority TO pay him for his services
Point to Constitution.
| Lynn was appointed against the
recommendation Of Senator OGorman,
the Democratic member from New
! York. Enter there Senatorial Courtesy.
Senators base their case on the con-
stitutional direction that certain ap-
pointments shall be made by the Presl-
I dent with the advice and consent OF
! the Senate" Continuing from this
point, they refer TO a statute. which
reads, in part:
NO money shall be paid from the
Treasury as salary to any person ap-
pointed during a recess of the Senate
/ TO fill a vacancy in any existing oftice,
( il the vacancy existed while the Sen
ate was in session, and was, by law
required to be filled by and with the
advice and consent of the Senate, until
such appointee has been confirmed by
| the Senate"
DR.. Crum's' Case Cited.
In this connection. they point to the
case of DR.. Crum colOred, who was kept
in office as co !ector of the port OF
Charleston. S. c., by President Roose-
welt for three years, through recess ap-
pointments, over the protest5of senator
Tillman, and was subsequently uheDIe.
under a decision of the Comptroller OF
the Treasury, to collect any coInPehsd-
ton for his services.
Arguing from the statute quoted, op-
ponents of the Lynn nomination declare
the position became vacant through the
expiration of the commission OF the Re-
publican incumbent during the last ses-
sion, and that the statute applies to his
| case This view is not accepted by the
White House nor Department OF Jus
/ tice, which has looked up the prece-
dents.
Resenfs Presidents stand.
Resenting thu determination of the
President to force the Lynn nomination,
in the face OF the unanimous opposition
of the Senate, a Democratic Senator said
! apropos Of the alleged invasion OF the
/ Senate's constitutional rights by the
! President:
He took an oath to uphold and defend
the Constitution" said this Senator, land
there Is a power in Congress and in the
Senate to deal with public officers who
disregard the Constitution. This is Sc
rious business and the President will find
| it out if he persists in the course which
| he has taken in one or two nominations
already and which he is said by his
Spokesman he intends to take in the fu-
ture."