The Washington times., 1915-01-06
ANOTHER REJECTION
PLANNED BY SENATE
Patronage Fight Expected to Be
Intensified by Vote on New
Jersey Nomination.

The next move in the patronage war
between the President and the Senate
Is expected to be rejection by the Sem
ate Of the nomination Of George Hamp-
ton for collector Of internal revenue
for the southern New Jersey district.
BY many the rejection of Hampton is
looked on as q foregone conclusion.
Senator MARITIME today predicted that
Hampton would be rejected. He thinks
there will not be more than two votes
In his favor. He did not name the
two Senators who will vote for Hamp-
ton. but they are believed to be Hughes
of New Jersey and James Of Kentucky.
Think Bland Doomed.
With the rejection Of Hampton in
sight, there 10 said to be slight reason
to doubt that Ewing @. Bland. named
as marshal for the Kansas City district,
will likewise be rejected.
In both cases, the Senate objects to
that they have been made as recess ap-
pointnents, whereas the vacancies de-
veloped while Congress was In session.
Mea ntime. the subcommittee of the
Senate , judiciary iI,s COMMITTEE, which s Is
pointments, 10 discussing the situation
informally and getting ready to so deep
ly into, the constitutional problems in
volved.
report by Senator Spooner in the third
scssicn"of tho Fifty-eighth Congress
dealing with some phases of the sub
ject. Senator Root has given 1t as his
view to the Senate that such appoint
| ments are outside the law.
The upshot Of the matter is said to
| be likely that the Senate will refuse
to recognize such appointments. or to
appropriate for them. story that an
effort to impeach the President may
| result is ridiculed in responsible GUAR
ters.
Asked BY Tillman.
The report by Senator Spooner was
in response to a resolution by Son.
ator Tillman in 1903, asking an investi-
| cation by the judiciary Committee az
to the powers Of the President in max
ing recess appointments.
In the course Of his report. which
| was the report Of the committee, Sena-
tor Spooner said:
1T can not by any possibility be
| deemed within the intent of the Con-
stitution that when the Senate. 10 In
position to receive q nominationtby the
President, and, therefore, to sexercise
| Its function of advice and consent. the
President can issue. without such I'D.
vice and consent, commissions wntcn
will be lawful warrant for the assuMp-
ton OF the duties Of a Federal office
THE trainers of the Constitution were
providing against a real danger to tho
public interest, not an imagtnary one
They had in mind a period of time
during which it would be harmful II
an Office were not filled; not con-
structive. inferred. or imputed recess
| as opposed to an actual one.
They gave power to issue these COM
missions only where vacancy happen:
ed during a recess Of the Senate. and
they specifically provided that the COM
| mission shall expire at the end OF the
| next session of the Senate"
The Spooncr report. however. does not
cover all the ground which the subcom.
| mttee will cover. For instance, the
question OF rejection by the Senate
Of all appointment and the effect Of this
on tenure OF the appointee is not dealt
with. The present inquiry will enter
into important phases Of White House
and Senate prerogatives not entered into
b, the Spooner report. When that wa
| made. there was up the question OF
validity Of certain appointments made
by President Roosevelt In construct
| i've recess"