Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1917-01-08
PRECEDENTS FOR
APPOINTMENTS
Pitts burgh Gazette-Times
Writer Quotes Court Decis-
ions on Combinations

The present inclination of the Re-
publican state organization leaders is
to prevent the Senate from confirming
the department heads appointed by
Governor Martin G.. Brumbaugh dur
ing the recess of that body" says the
Pittsburgh Gazette-Times of to-day.
and continues: TT has been init
mated that it is the intention of the
Governor to recommission these re-
jected nominees after the present Sem
ate adjourns. II he does so. the Su-
preme Court will be asked to deter
mine his authority in the premises,
and the pay of the appointees will be
withheld. The question has never been
squarely passed upon by the highest
court of the state.
'In order to confirm his appointees
the Governor must be able to secure
the consent of thirty-four members of
the Senate. This means that to prevent
a confirmation the state organization
leaders need to muster but sixteen
negative votes. AS the organization is
in control in the Senate. it will not
experience any difficulty In preventing
a confirmation. The present dis
position is to reject every recess ap-
pointee of the Governor, but it is prob
able some exceptions will be made.
The principal names to be sent to the
Senate follow:
Officials Slated for Rejection
Insurance Commissioner j. Denny
O'Neil, Allegheny; Secretary of Agri-
culture Charles E. Patton, Clearfield;
Chief of the Department of Mines
James e. Roderick, Luzerne; Highway
Commissioner Frank B. Black, Somer-
set; Commissioner of Fisheries n. r.
ho1
Port, Huntingdon; Public Service Com
missioners Michael ]. Ryan and James
Alcorn, Philadelphia, and Harry A.
Mackey, Philadelphia, James w.
Leech, Cambria, and John A. Scott,
Indiana, members of the Workmen's
Compensation Bureau"
What Court Decisions Show
In case the Governor, after the ad-
journment of the present Senate, tries
TO recommission officials the Senate
refused to confirm, an interesting legal
battle is forecast. Senator Charles A.
Snyder, who will become Auditor Gen
eral in May. has announced that he
Will withhold the salary of such an
appointee. Those searching the books
for decisions sustaining the Governor
in remaining rejected nominees cannot
find anything in support of this propo-
sition. The question has not been
squarely ruled upon by the Supreme
Court, but it has decided that when
the Senate rejects a nomination made
by the Governor, the Executive cannot
appoint the person named. Judge
Simonton in the Dauphin court has
left a very clear utterance on the
subject.
1.-TWO cases got into the Supreme
Court during the administration of
Governor Robert Il. Pattison. The
first was in 1888. In 1873 the Legis-
]ature enacted a law empowering the
IxnNpTnnr Nvi hn nf ha
ate, to name a recorder for Philadel-
p1ia for a ten-year term. In 1879
Governor Henry NJ. Hoyt appointed
David ii. Lane and his nomination was
confirmed. In 1883 Governor Pattison
removed him and Mr.. Lane fought the
removal, claiming the Executive did
not have the power to oust him. Chief
Justice Ulysses Mercur of the Supreme
Court, wrote an opinion sustaining the
authority of the Governor to remove,
but said in discussing the powers of
the Senate that if it dissented, the
Governor cannot appoint the person
named. This extract is from the Mer-
cur decision:
New Man Must BE Named
" The Constitution declares in sec
tion s, the Governor shall nominate
and he shall appoint. Before he COM
pletes the appointment the Senate
shall consent to his appointing the
person whom he has named. 1t may
prevent an appointment by the Gov
ernor, but 1t cannot appoint. 1t may
either consent or dissent. That is the
extent of it's power. There it's action
ends. 1t cannot suggest the name of
another. If it dissent. the Governor
cannot appoint the person named. If
1t consent, he may or may not, at his
option, make the appointment
The other case was decided by the
Supreme Court in 1892 during the sec
Pnf Il int o
1889, Governor James A. Beaver, with
the consent of the Senate, appointed
E. Il. Higbee superintendent of public
instruction for a four-year term to
date from April l, 1889. Mr. Higbee
died December 10, 1889 February IA.
1890, Governor Beaver appointed D. J.
Waller, Jr., to fill the vacancy and
commissioned him to serve until the
end of the next session OF the Senate
January 6. 1891. Governor Beaver
nominated Mr.. Waller for a four-year
term from March l, 1890, and the
appointment was confirmed January
20, 1891, the day Governor Pattison
succeeded Governor Beaver
PattiSon Tries to Gust Waller
Governor Pattison did not issue
Mr.. Waller commission, nor did he
take any action until May 81, 1891,
when he nominated DR.. u. X. Snyder
for superintendent of public instruc-
tion for four-year term to date from
June IL, 1891. The Senate rejected
the Snyder nomination May 2S and
adjourned the same day. The follow
ing day Governor Pattison appointed
DIR. Snyder and commissioned him
until the end of the next session of the
Senate. June 3. 1891, DR.. Snyder de-
manded the Office and DR.. Waller de-
fused to surrender it. Attorney Gem
eral w. U. Hensel then started pro-
ceedings to oust DR.. Waller"
Ck.U TTnno~A~s VII