Evening star., 1920-06-17
TEKePRECEDENT
|ADR IHE REMAINING
] Of VAN SCHA|CK
|ksibIe Selection of Com
|(ssioner Starts Argument
y Among Capitol Men.

he possibility of DIR. John Van
ES1k kick. I. receiving a recess apoin'-
nj as District Commissioner from
Pt&bident9 t9Wflson, although Dr. van
S&A Hicks nomination was rejected oy
TIL Senate, about three weeks ago
Il Ay caused a search for precedent
diligent inquiry at the Capitol
f&0d to disclose any case in when
aihsresident has given recess ap-
nNAtment to any appointee whose
nxaination had previously been re-
iNf4fed by a vote of the Senate. There
have been numerous cases where re
cese appointments have been gwen IN
cases in which the Senate had 1aileo
to act But none was founo "hei
such an appointment was given !oi-
lowing definite rejection by the SEN
ate.
A Notable Case.
One Of the notable cases is that OF
DR.. Crum, a colored man. who was
appointed by President Roosevelt a
collector in South Carolina. The late
Senator Tillman of South Carolina
and other southern democrats vlgor :,
ously resisted this appointment anu
prevented confirmation by the senate.
Hie nomination was never actually
rejected by the Senate, and Roosevelt
continued to keep him In once
through a series OF recess appoint
msnts.
Whether the President can legally
give q recess appointment TO man
whose nomination for the same ap-
pointment has been rejected by the
Senate, when the law providing for
the appointment specifies that the ap-
pointment must be confirmed by the
Donate, was considered debatable
question today.
On the one hand the language Of the
Constitution was cited, relating to the
Presidents power to make recess ap-
pointments. The Constitution says:
What Constitution Says.
The President shall have power to
an up all vacancies that may happen
during the recess Of the Senate, by
granting commissions which shall expire
1t thA end Of their next session"
It was pointed out today that the
vacancy on the board of District COM
miAsioners was filled by the President
during q session of Congress by the APP
pointment Of DR.. Van Schaick. but that
the Senate. during the same session OF
Congress. rejected the nomination.
There is still a vacancy in the board,
and It may be construed that the va
cancy@may have happened during the
recess Of the Senate"
Divergent views were expressed at
the Capitol by veteran employees OF
the Senate. Some of them held there
was no law which would prevent the
President from giving DR.. Van Schaick
. recess appointment. On the other
hand. it was pointed out that the or
Ranic act Of the District providing
for the appointment of District Com
miGBioners specifies that the Presi
dents appointees must be confirmed
b. the Senate. 1t was held that the
actual rejection Of the appointee
would be taken into consideration II
the matter came into the courts.
In the event that DR.. Van Schaick
IAa given a recess appointment, he
ISuld. under a Treasury ruling.
never receive any salary for his work
unless the Senate ultimately should
confirm the nomination. If re-
pNblican administration comes into
power on March 4 next. 1t was pre-
oJotod today that DR.. Van Schaick's 8
toaure Of office would end abruptly.
n that event he would go out Of Of
noo without ever having been paid.