The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-18
PLANS COURT MOVE
TO GUST WILLIAMS
Representative M'Fadden Tells
Glass Quo Warranto Pro-
ceedings Seem in Order.
SAYS POST Is DEPUTY'S
Denies Secretary Has Author
ity to Fill It-Spirited
Letters Exchanged.
Special Despatch 10 TIL. SEX.

Special Despdtch 10 The SEX.
wAsHISeToN, March 17.-An acrimonl-
Gus exchange Of correspondence between
Representative MoFadden tPa.) and
Secretary of the Treasury Glass made
public to-day developed the fact that
an attempt to Dust John Sharp Williams,
Comptroller of the Currency, by quo
warranto proceedings before a local court
will be the next step in Mr.. McFadden's
campaign against the Treasury official.
Mr.. McFadden announced to-day that
this step was projected after careful
study OF the case with 'he best legal
advice available and could be halted
only by an eleventh hour recess APP
pointnent from President Wilson. The
President In making recess appointments
in cases where nominations had failed
OF confirmation In the Senate did not In
clude the name OF Mr.. williams, whose
term subsequently was continued by ac-
ton Of Secretary Glass.
Says Ruling To InsppIicnbIe.
The latter gave as his authority an
opinion rendered by the Attorney-Gen-
eral In 1306 in regard to a vacancy Rp-
pointment to the Sub Treasury at San
Francisco. Mr.. MeFadden's contention
is that this opinion does not apply in
the case OF the Comptroller, where the
succession is specifically fixed by
statute on one OF the Deputy Comp
trollers in the event Of tho termination
Of the Comptrollers tenure,
In questioning the legality OF the Sec
retarys action Mr. McFadden included
language to which Secretary Glass took
offence. returning the Pennsylvania Rep
tat xxyifh
Both Mr.. McFadden and Secretary Glass
gave out the correspondence this after
| noon. Secretary GLASS; note, to which
Mr. MoFadden replied by reiterating his
previous inquiries. follows;
DEAR SIR: am returning your
letter OF March II. as do not care
to retain It for my files. Furthermore
I take leave to put you on notice. that
IL you desire information concerning
any official action OF the Secretary
| OF the Treasury while am the in
| cumbent Of tho once you may get It
promptly and frankly by addressing
| TO me n half way decent inquiry; but
| you are given distinctly TO under
stand that ! recognise no obligation
to respond TO an Extensively i'm
pertinent and deliberately menda-
| cious communication such As l am
now sending back to you"
Believes Post Is Deputy's.
After assuring the Secretary that TIL,
letter referred TO in the foregoing wal
not intended to be offensive Mr.. Nc
Faddens reply to tho Secretary con
tinues:
"For you to characterize my letter
OF the 14th instant as deliberately
mendacious' might also be defined as
A..N ~ INV
the present because j DO not wish
to obscure the really vital point at
issue. TO wit:
by what authority has the Secre-
tary OF the Treasury given John
Shelton Williams a recess appoint
ment ms Comptroller of the Currency
following the failure OF the Presi-
dent. who alone has such power I'M
der the Constitution and laws as
have interpreted them, to make such
appointment"
Accompanying the correspondence 4
the following statement by Mr.. McFad
den announcing his intention to institut
quo warranto proceedings:
II am familiar with the opinion
Of the Acknowledgement rendered IN
1905 and am OF the conviction that
n does not apply to the present case.
This also is the judgment OF learned
lawyers who have examined the opin-
ion and its application 10 the Comp
! troller's tenure OF office. The opn-
ion pertains specifically to the As
slstant Treasury at San FRANCISCO
The differences between revised
statutes Section So3 for the appoint
ment of an Assistant Treasurer and
Sections 325 and 327 for the APP
pointment of the Comptroller of the
, Currency Is that In the latter case
Section s27 expressively provides
! during tho vacancy the Deputy Comp
troller shall possess the power and
perform the duties attached by law
: TO the office Of Comptroller.
Plans to Test Case.
I'm view OF this specific provision
= BY Congress as to how the vacancy
In the office of the Comptroller shall
be flled, namely, that the Deputy
Comptroller shall have the power. il
would seem that the provision au-
thoriZing the Secretary OF the Treas
: ury 10 appoint subordinate officers
would not have application In this
case but only TO cases where there Is
no expressed provision OF law for the
filing OF the vacancy. Therefore
since the Comptroller has not been
: made recess appointee by the
/, President the Deputy Comptroller
, Cor one OF the deputies) now pos
sesses his powers; otherwise the pro-
visions OF Section 327 that the Dep
. uty Comptroller shall possess the
, powers and perform the duties is
, I nugatory.
ere is certainly aIacancy AID
Congress has provided hof, II shall
be filed. In view of the insistenCe
r Of the Secretary OF the Treasury that
he has authority to MI this vacancy
L in the absence OF the President an
= authority which reasonably can he
a questioned in my opinion, I think
r there Is sufficient ground to test the