Evening star., 1925-03-16
The Fight for Warren.

President Coolidge, il has been an.
nounced from the White House, will
offer to Charles B. Warren a recess
appointment if his nomination TO be
Attorney General shall be rejected by
the Senate second time. The Constr
tuition of the United States specifically
provides that 1.-THE President shall
have the power to fill up all vacancies
that may happen during the recess OF
the Senate by granting commissions
which shall expire at the end of their
next session"
1t seems undeniable that the
vacancy in the attorney generalship
opened while the Senate was ir
session. But the construction of the
language of the Constitution by mem
bers of the Senate itself has been that
the President has a right to give Mr..
Warren a recess appointment under
the letter of the law. but that he will
violate the spirit II ne does SO.
The Presidents announcement that
be will disregard the wishes of the
Senate and put Mr.. Warren in Office
despite those wishes has aroused the
Senate. Had he kept silent, and mere
ly given Mr.. Warren a recess appoint
ment after the Senate had temporarily
faded out of the picture in Washing
ton.. it would have been bad enough,
they say, but to deliberately cast de-
f1ance in the teeth of the Senate is
too much. AS a matter of fact, the
course pursued by the President is en-
tirely honest. He has put the Senate
on notice Of what he proposes to do
in the execution of his constitutional
prerogatives.
The effect of the announcement.
however, has been to bring the Chief
Executive into conflict with the Sen
ate over a question of constitutional
prerogatives-and such conflicts be-
tween the coordinate branches Of the
Government are always bitter. The
Constitution says with regard to the
appointment of executive officers by
the President, land he shall nominate,
and by and with the advice and con-
sent of the Senate. shall appoint Am.
bassadors, other public ministers and
consuIs, judges of the Supreme Court
and, all other officers of the United
States, whose appointments are not
herein otherwise provided for, and
which shall be established by law"
The contention Of the Senate is that
the power regarding the appointment
of an Attorney General is divided be-
tween the President and itself, that
while the President may initiate the
appointment, the Senate must com
plete it by advising and consenting."
When the announcement of the
Presidents determination to give Mr..
Warren a recess appointment was
read on the floor of the Senate, in the
twinkling Of an eye the attack shifted
from Mr.. Warren to the President.
Senators charged the President with
violating the constitutional rights of
the Senate. Criticism leveled at the
Senate since it's first rejection of Mr..
Warren has been that 1t was acting
along partisan political lines. Here, II
seemed, was an opportunity to take
new line of attack.
But when it comes to the question
of constitutional prerogatives is the
President subject to criticism any
more, or as much, as the Senate it
self? The Constitution vests in him
the right to appoint an Attorney Gen.
eral. Three generations Of precedent
are on the side Of the President over
the question Of his right to select his
own official family. The Senate. so
strong in its insistence upon those un-
written rules of precedent which en-.
hance its own powers and authori.
ties, should be the last to refuse TO
recognize such precedents as are clear
in this case. The original attack was
made not by the President, but by the
Senate. The President will be an.
plauded for resisting this attack.
which has been frankly admitted to
have taken the final form OF partisan
politics. He intends, it appears, to
have a showdown with the Senate ON
this issue, with the country at large
as the final arbiter.