Newark evening star and Newark advertiser., 1914-12-26
SENATORS WILL
RENEW CONTEST
OVER PATRONAGE
Hughes and MARITIME May De-
bate Over Appointment of
Camden Collector.

WASHINGTON, Dec. 26.-When
Congress reassembles on Tuesday,
after the Christmas recess, the efforts
On the part of group of dissatisfied
senators to compel President Wilson
to recognize the principle they have
revived with regard to the nomina-
tion of Federal officers will be re-
sumed. The breathing spell afforded
by the recess Is likely to bring about
sentiment in the Presidents favor,
however, as there are signs that some
Of the friends of the administration In
the Senate will repudiate the tradition
Of senatorial courtesy" and give
their support to nominees who were
chosen by the President without the
advance advice and consent" of ono
Of the senators, In each case, from
the States In which the nominees re-
side.
Just before the Congress took re-
cess on December %, Senator Stone,
of Missouri, requested Senator Reed,
ais Democratic colleague, who has
been one of the severest critics of the
administration and It's policies, not to
bring up the nomination of Ewing
Bland, of Kansas City, as United
States marshal for the western dis
trict of Missouri, until Senator Stone
returned to Washington from a trip
out of town. Following the rule of
courtesy observed among senators,
Mr.. Reed assented to the request of
ais colleague.
Senator Reeds Complaint.
Senator Reed has complained that
the nomination of Mr.. Bland, whose
residence, like that of Mr.. Reed, is
IN Kansas City, was Objectionable to
him. Earlier this month Mr.. Reed
had obtained the unanimous rejec-
ton of the nominee for postmaster at
Kansas City and Senator O'Gorm1n
had been equally successful in hav-
ing the Senate refuse to confirm the
nomination for United States mar
shall for the western district of New
York. No senators voted to confirm
and through their silence or their
positive votes In the negative showed
their adherence to that construction
IF the federal constitution, which, 1t
is asserted, confers on the senators
# State the right to determine in
advance who shall be appointed to
federal offices from and in that
State.
Just why Senator Stone asked for
postponement of action on the
Bland case was not disclosed, but it
became known that he had been in
conference with President Wilson on
last Saturday night, and the supposi-
ton was advanced that he was in
clined to disagree with his colleague
that senator possessed the right to
determine the Presidents selections
Tor appointment to public office.
Senator Stone Is expected to be In
Washington when the Senate meets
on Tuesday, and Ii is the belief here
that his attitude toward the Bland
domination will then be disclosed.
1t is probable also that the nomina-
ton of George Hampton, of Bridgeton,
y. j., to be collector of internal revenue
from the Camden district in that State,
win come before the Senate immedi-
ately after the holiday recess, and
there ie first-hand evidence that Sem
ator MARITIME, who is opposed to con-
iirming Mr.. Hampton. will find him
self engaged In debate with his coli
league, Senator Hughes, who, like Mr.
MARITIME, is a Democrat.
Senator Hughes Dlssents.
Mr.. Hughes has indicated that he
does not intend to be bound, in the
Hampton case, at least, by the con-
struction of the Federal Constitution
which other senators seek to apply to
nomination not approved by one of
the senators from the State in which
the nominee resides or in which the
office concerned is located. Action by
Mr.. Hughes along this line will be the
first instance of division of opinion
among Democratic senators over the
question of the right of the senators
to exercise the power of rejecting pro-
posed nominations in advance of their
transmission to the Senate and to in
woke the unwritten law of senatorial
courtesy.
The Presidents position is that he
has the right to nominate whom he
pleases without previous consultation
with the senators from a State in
which the nominee resides and that
the Senate has an equal right to re-
Ject that nomination.
The advice and consent" clause is
contained in Section of Article of
the constitution. 1t provides that "he
Cthe President) shall nominate. and
by and with the advice and consent
of the Senate, shall appoint ambassa-
dors ETC." The rule of construction
that some senators seek to apply to
this provision would have 1t that the
President must have the advice and
consent of the Senate, or to more ac-
curately state their position, of SEN
ltors from a single State. before a
? nomination Is sent to the upper house.
But the language of the provision
apparently means that the advice and
consent of the Senate is not to be CIV
en- until after the nomination has been
sent to that body. The Senate's "ad-
vice and consent" Is necessary only,
according to the language employed.
to enable the President to issue
commission of appointment to the
nominee.
The outcome of the contest cannot
be foretoId. There has been some talk
among dissatisfied senators OF calling
the President to account II he should
carry out an intention attributed to
him of keeping in office persons
whose nominations have been reject
ed by the Senate. However, the Pres
ident's program In this particular has
rot been developed sufficiently to pre-
sent the issue, and the Senate will
be obliged to watch and wait in order
to determine what Its next move shall
be.