(,te Columbian. ESTA HUSHED ltUti. 7hc Columbia Jif meant, ESTAUUSIIKI) 1H1T. CONSOLIDATED 1SG!. rrBl.tSIIRD BY EL WELL & BITTENBENDER KVKKY FKIDAY MOKN1XO At IHooinslniiXi the County neat of Columbia County, Pennsylvania. fii'DsrHiPTioN ll.no a year, In advance, $1.50 If not paid In advance. All communications should be addressed to THE COLtMMAN, ninomsburg, Pa. FRIDAY JUNE 12, 1891. SENATOR HEBRip'S SPEECH- The following is the speech in full of Hon. Grant Herring, in lefcrence to issuing the Commissions to the appointees made by Governor Beaver : Mr. HERRING. Mr. President, more than five days have elapsed since the Gover nor sent in a list of names for appointment, I desire to make a motion at this time that the Senate go into executive session for the purpose of considering the nominations sent in on Wednesday last and to say a few words why, in my opinion at least, this motion should be carried. Mr. MONAGIIAN. Mr. President, I second that motion. Mr. HERRING. Mr. President, not withstanding the fact that war was declared on the same question on the ninth of April last, we are again tempted to its discussion. Since that time it has occurred to us that some very important phases of the question were lost sight of in the heat and passion of that first day's struggle, but now that the smoke of battle has cleared away and we have had a month's time for deliberation it does occur to us that these fighting gentle men on the other side of the chamber should listen to the voice of reason and turn aside from their evil ways. We have a few sug gestions to offer in hope that the law may step in and decide the "late unpleasantness." If, however, we fail in this then we have only to say that we have prepared ourselves for a second encounter. In discussing the question it is our desire to do it in no mean spirit of malignity or vituperation, but to argue the issues raised from a purely legal standpoint. Railing ac cusation would ill become the occasion. If we shall not be able to convince our brethren of the error of their ways by the force of reason and logic we can hope to accomplish it in no other way. It may not be amiss at this time to rehearse briefly the facts out of which this dispute has arisen, for up to this point we are convinced that a misapprehen sion exists both as to the law and the facts. It seems on the third day of February, one thousand eight hundred and ninety, the late overnor Beaver commissioned William II. gle to be State Librarian from the first onday in February to the end of the pre .nt session of the Senate. By virtue of that :ommission now in his possession Dr. Egle is the present incumbent of that office. On the fourth day of February, one thousand eight hundred and ninety, a commission of like tenor and effect was issued to I)r D. J. Waller, Jr., as Superintendent of Public In. struction, dating from the first day of March, one thousand eight hundred and ninety, to the end of the present session of the Senate. On the first day of November, one thousand eight hundred and eighty-nine, a commission of like limitation issued to William G. Mar tin as Factory Inspector, by virtue of which Mr. Martin is now inspecting the factories of the State. It should be remembered at this time that these vacancies in the several offices named were filled by the Governor under and by virtue of the authority con tained in that clause of the Constitution which provides that "the Governor shall have power to fill vacancies that may hapen in offices to which he may appoint, during the recess of the Senate, granting commis sions which shall expire at the end of their next session." Matters rested in this shape until this Senate convened in January last. It was then that Governor Beaver nominated to this body for advice and consent, these several gentlemen named, to the respective offices which they nov hold, for the full terms prescribed by law. Action on these nominations was post poned by the Senate until the term of office i Governor Beaver had expired and hissuc ;essor had been inaugurated. On the twen tieth of January last, these nominations were raken up by this body, advised upon and tnanimous consent given upon a call of the reas and nays agreeably to the provisions of He Constitution. At this point I would have 'ie Senate bear in mind that these nomina ions were not the nominations of any par ieular man, but of the Governor of the Com nonwealth, and that in the process of ap lointment of these gentlemen to office, two istinct steps have been taken ; first, their 'ominalion to the Senate by the Governor ad, second, the advice of the Senate and its nanimous consent to their appointment, ut one step more remains to be taken be re these nominations can be regarded as Jmplete, namely, the signature of the Gov rnor to a commission. By this time the enators will see the drift of argument which ; this s In the process of Cmmtitutional ap tintmenl to office thru dUtinot utepi art abto ley ntwm'i'-y: flrtl, the nomination by the hvernnr to the Senate ; neeoiul the advice of e Senate and its consent eiprautd ; third the t) nature of the Governor to a commission. acking any one of these three essentials, i appointment is made and the sole power ippointment being in the Governor, he is liberty to withhold the last essential, even er the other two have been complied with, r until all tlicsj steps have been taken it .nnot be said that the appointment has been made. The power of the Senate is merely a restraining power, the power to prevent an appointment, but in no sense the power to make one. Now as an authority upon that question, let me read briefly from Ituekalcw on the Constitution, page one hundred and ten : "The check upon the appointing power placed in the hands of Senators docs not render the Senate primarily responsible for the appointment j that responsibility rests upon the Governor, for power to select an appointee is exclusively his and the ultimate appointment made and evinced by the issuing of a commission is also his and his alone. The Senate cannot propose any one for se lection to office by the Governor." Now special attention is directed to this t "Nor even constrain the Governor to appoint a per son he may have named to them for their ad vice and consent and to whose proposed ap pointment they may have consented ; in short they have the power to prevent appointments which they may consider objectionable, but have not the power to cause any appoint ment whatever to be made." But Mr. President we have authority in support of our position even more eminent than that of one of the fathers of the Consti tution. The Great Marshal, Chief Justice of the Supreme Court of the United States, than whom our Supreme bench has never been graced by one more eminent or better learned in law, in delivering the opinion of the court in case of Marbury vs. Madison, re ported in 1st Cranch, 155, uses this lan guage t "This is an appointment made by the President, by and with the advice and consent of the Senate, and is evidenced by no act but the commission itself." Just here it should be remarked that the power of the President to appoint to office under the Constitution of the United States is exactly co-extensive with that of the Gov ernor under the Constitution of Pennsyl vania, the one acting under the Constitution of the United States and the other under the Constitution of Pennsylvania, which in that particular is identical. He continues t "In such a case, therefore, the commission and the appointment seem inseparable, it being almost impossible to show an appointment otherwise than by proving the existence of a commission. The appointment being the sole act of the President, must be com pletely evinced when it is shown that he has done everything to be performed by him. Should the commission, instead of being the evidence of an appointment, even be considered as constituting the appointment itself, still it would be made when the last act to be done by the President was per formed, or at furthest when the lcommis sion was complete " "The last act to be done by the President is the signature of the commission. He has then acted upon the advice and consent of the Senate to his own nomination. The time for deliberation has then passed. He has decided. His judgment on the ad vice and consent of the Senate concurring with his nomination has been made nnd the officer is appointed. This appointment is evidenced by an open, unequivocal act, and being the last act required from the person making it necessarily excludes the idea of its being so far as respects the appointment, an inchoate and incomplete transaction." Now I desire special attention be paid to this part of the opinion 1 "Some point of time must be taken when the power of the executive over an officer not removable at his will must cease. That point of time must be when the constitutional power of appointment has been exercised. And this power has been exercised when the last act required from the person possessing the power has been per formed. This last act is the signature of the commission. It is therefore the opinion of the court that when a commission has been signed by the President then the appointment is made. The discretion of the executive is to be exercised until the appointment has been made." Now let me call your attention to the fam ous protest of General Jackson in one thous and eight hundred and thirty-four and you will see that the same doctrine is carried out there. "It is therefore not only right of the President but the Constitution makes it his duty to nominate and by and with the ad vice and consent of the Senate, appoint all officers, etc. The executive power vested in the Senate is neither that of nominating or appointing. It is merely a check upon the executive power of appointment. If the in dividuals are proposed for appointment by the President, by them deemed incompe tent or unworthy, they may withhold their consent and the appointment cannot be made." They check the action of the Executive but cannot in relation to these various sub jects act themselves nor direct liiin. Selec tions are still made by the President and the negative given to the Senate without di minishing his responsibilities, furnishes an additional guarantee to the country that the subordinate executive as well as the judicial offices shall be filled with worthy and compe tent men. The whole executive power being vested in the President, who is responsible for its exercise it is a necessary consequence that he should have a right to employ agents of his own choice to aid him in the perform ance of his duties and to discharge them when he is no longer willing to be responsi ble for their acts." The courageous answer of Ex-President Cleveland to the insolent demand of the Sen ate in one thousand eight hundred and eighty-six for papers, etc., is still fresh in the minds of all of us. Among other things he said 1 "I am not responsible to the Senate and am unwilling to submit my actions and offi cial conduct to them for judgment. And the threat proposed in the resolution now before the Senate, that no confirmations will be made unless the demand of that body be complied with is not sufficient to discourage or deter ma from following in the way, which I nm convinced, leads to better gov ernment for the people." It may be sufficient to remark here in pass ing that as a fact in history it is recorded that the Edmund's resolution felj by the way side, while the President pursued the even tenor of his way and "to turn the rascals out." Now, Mr. President, in the light of Mar bury vs. Madison, which doctrine we may say has since been reaffirmed by this same court, there can be no good reason for this most unwarranted intermeddling on the part of the Senate with duties belonging exclus ively to the Eexccutive. On what grounds, pray tell me, is this most extraordinary con duct defended ? Is it to go out before the people in this Commonwealth that Republi cans in this body are so blind to reason and deaf to entreaty that they will persist in a course in defiance of the law? I submit to the solicr judgment of all present has not the Senate exhausted its powers in regard to the nominations. The sole power delegated to them by the Csnstitution was that of advice and consent. That consent they have ex piessed by a unanimous vote. What more, in the name of reason, can they do or hope to accomplish? All else lies with the Governor. For his acts he alone is responsible, and yet in the very face and teeth of such doctrines as this, we have the Senator from Tioga getting up here and proclaiming that until commissions are is sued to the Factory Inspector, the State Li brarian and the Superintendent of Public In struction that Senatorial approval to all other nominations will be withheld. Why, Mr. President, the iniquity contained in a threat of that sort is past conception. Think of it, Senators of Pennsylvania, inspired by the divinity of party hate, stooping to inter meddle with the Executive business ; using the higher privilege delegated to them by the Constitution as a whip to lash the Gov ernor into the performance of an act ex clusively within his own discretion. And at the same time we have the Senator from Tioga speaking of these nominations as Gov. ernor Beaver's appointments. I deny this assertion. Governor Beaver simply nomi nated these men to the Senate. They are no more Governor Benvcr's appointments than they 1 re appointments of this Senate. Governor Beaver took the first step, namely, nominating. The Senate took the second step, namely, consenting. It remains to be seen whether Governor Fattison will lake the third step, namely commission. And for the special information of the Senator from Tioga let nic say that until this last and final step be taken, these nominations can be regarded as appointments of no man. Upon this same subject of Senatorial inter meddling with Executive functions let me il lustrate my position in this way : Suppose the Governor should so far forget himself as to send into this body a message declining to approve any further bills until he should have the assurance that this body would pass a ballot reform bill, or a bill looking to a Constitutional Convcution, or a bill to equal ize taxation, the three key notes to the late Democratic campaign. What a cry of indignation would go up from Republican throats all over this body resenting this executive presumption to inter fere with duties pertaining exclusively to the legislative branch of the Government. The Governor under such circumstances would be fortunate in escaping impeachment proceed ings, and yet, Mr. President, but a mo ment's reflection will serve to convince all that the message power and the veto power of the Governor make of him much more of a legislator than the mere advisory power of the Senate makes of that body an executive. It must be plain therefore that the Senate can no longer afford to be placed in the false position of attempting to interfere with ex ecutive functions. This is not the time or place to discuss the action or probable ac tion of the Governor. That action is for dis cussion at the hustings and at the elections. There it belongs and there let it stay. - If, then, we come to the conclusion that there is no authority in law for the action of the majority in this matter we are compelled to seek for a motive to their conduct in some other direction. We find it in what the ma jority terms the breach of a certain contract made between Senators. We have heard much of this agreement or contract. It has been magnified until it stands now apparently an insurmountable barrier between the Sen ate and Governor a block and hindrance to all future confirmations, But when we come to analyze this agree ment we find first that the Governor was no party to it whatever. That in substance it was a mere trade of confirmations between Senators on either side of this chamber ; that no promise to commission was exacted by the majority, and none volunteered by the minority. That in the very nature of such things such a promise would have been im possible of performance, the Governor not being taken into the question ) that all this talk about commission is an afterthought of the majority, sought to be injected into this discussion to repair their blunders. Now, I say blunders designedly because this trading of confirmations without looking after the commission can be regarded in no other light. The Republicans had on hand a batch of nominations, and they did not know what to do with them. As mere nomina tions without confirmation or commissions they were worthless. The question was how to obtain the con firmations. They looked about them for a solution and suddenly a stray idea found its way among them. From the nature and character of the idea, it having an air of trade about it, it seemed most fitting that it should light on the Senator from Delaware. He had just succeeded in trading one good office for another and finally ended, as all good traders do in getting them both, So the Senator from Delaware seemed the very LDWENBERG'S CLQTHtWG SPRING ANNOUNCEMENT! BLACK AND BLUE CHEVIOTS. LADIES SHOULD SEE THE PRETTY SUITS FOR CHILDREN. Call and examine and see for yourselves that LOWBITBBRG'S is the right place to buy your Clothing. Joshua to lead the Republican host out of the wilderness, accordingly the Congressman from Delaware reasons with the Senator from Delaware after this fashion. "What we need is confirmations for three. Over there sits a lot of Democrats who in just twenty four hours will also be in need of confirma tions for ihree. That's even. Let's swap. No sooner said than done." The Democrats turn over their consent to confirm and lo t the Red Sea opens and three Republican pilgrims to office with their lug gage of nomination and confirmation pass over in safety, leaving the Republican host behind them, and thereby hangs a tale. The sea closes in again and the three pilgrims journey on their way. Before they have gone many days they come to the edge of a prov ince through which they have no passport and on whose gates they see inscribed : "No one allowed to pass here except he have a commission from the Governor." They look back with appealing eyes to the Republican host beyond the trackless waste of waters and they dimly recognize the Senators from Delaware and Tioga gyrating with their hands and making threatening motions. But further deliverance seems impossible. Just here the narrative ends for the present. The fate of travelers will be learned in the June number of the magazine. And now to go back again. As was said before, the Democrats did as they agreed to do and turned over the confirmations. But what about the confirmations which the Delaware trader pvomised to give in return ? Alas for the cruulity of the poor Democrats, these confirmations do not transpire. The present position is strongly suggestive of two persons having agreed to trade horses. The one in his zeal and credulity delivered up his horse on the promise that the other would turn over his in the course of week or ten days. After the time has rolled by for the delivery and the horse is now turned over according to contract, the delinquent offers his excuse, that in the bargain to trade he foigot to mention anything about harness and now adds, "I can't work that horse you gave me without harness. If you now give me harness I will turn over the horse I agreed to." The commissions in this case are the har ness. It seems the officers cannot work without commissions and the Republicans now come to us to procure the commissions. This, in the first place we never agreed to do. In the next place, we could not If we had. It being a matter for the Governor alone. This agreement then being a mere agree ment to trade confirmations, and hiving been carried out to the letter by the Democratic Senators can be of no further use in the con sideration of this motion. We have sought to place the case upon higher grounds and upon these grounds this motion must cither stand or fall : Such, Mr. President and Senators of Penn sylvania, is our position and so we will en deavor to maintain it. We stand here uixjn the law and upon our rights secured thereby. determined that no Republican maioritv shall wrest those rights from our grasp. We have demanded only what is our due. This should we have and not one jot or title more or less. For the first time in some years the Demo- cratic minority in the Senate of Pennsylvania is 111 a position to demand from a Reiiubli- can majority something more than the mere crusts and husks which they have been so long in the habit of receiving. Hitherto like Lazarus they have been content with the mere crumbs which fell from the tabic of Dives. But in the fullness of time it ha come to pass that the sovereigns have risen in their might and majesty and seated in the Execu tive Chair of this Commonwealth one of their own number. At the same time they SPRING lASOlT 1891. THE LATEST COLLARS, NECK TIES, DRESS SHIRTS, NIGHT SHIRTS &c. have seen fit to invest the higher branch of their legislative body with a minority which is not mere clay in the hinds of the major ity. By the blunders of the majority, which are worse than crimes, we are now in a po sition to dictate telms, and taking our cue from him who was the acknowledged Ca;sar of the nineteenth century, whose name I am proud to bear, those terms are "unconditional surrender." We have pitched our tents upon the broad plane of right and justice, and will fight it out on this line, my honored friends, if it takes all summer." We feel that we are so firmly intrenched behind the battlements of the law that even the genius of a Cooper could not raise the siege. And such a leader we are convinced you have not among you. Thus grounded in the belief that we have the law upon our side we will occupy this position until the crack of doom if need be. Fresh from the Mint Is Manners' Double Extract Sarsa parilla. For boils, pimples, scrofula, ec zenu and erysipelas it cannot be bea! . 50c a bottle. For sale by Moyer Bros., Wholesale and retail druggis Bloomsburg, Pa. Dyspepsia Makes Die lives ot many people miserable, and often leads to self-destruction. Distress after eating, sour stomach, sick headache, heartburn, loss of appetite, a faint, " all gone" feeling, bad taste, coated tongue, and Irregu B. . larlty of the bowels, are UlSirOSS some of the more common After symptoms. Dyspepsia does entlnsr not gct weU of ,Uelf- li KUimtj requires careful, persistent attention, and a remedy like Hood's Sarsa parllla, which acts gently, yet surely and efficiently. It tone the stomach and other organs, regulates the digestion, creates a good appetite, and by thus ftltr overcoming the local symp- u 0 'c . toms removes the sympa-HO&Q&CnO thetle effects ot the disease, banishes the headache, and refreshes the tired mind. " I have been troubled with dyspepsia, I bad but little appetite, and what I did eat Unart, distressed me, or did me K.f. ,Ktle 8od. In an hour DUrtl after eating I would expe rience a lalntness, or tired, all-gone feeling, as though I had not eaten anything. My trou ble, I think, was aggravated by my business, which Is that of a painter, and from being more or less cnut up in a Sour room with fresh paint. Last spring I took Hood's Sursit- StOIYi&Ch rllla took three bottles. It did me an immense amount of good. It gave me an appetite, and my food relished and satisfied the craving I had previously experienced." Geobob A. Page, Wutcrtown, Mass. Hood's Sarsaparilla Sold by all drnggiiti. $ 1 ; six for Is. Prepared only by C. I. HOOD A CO., Apotbecartos, Lowell, Mats. IOO Doses One Dollar CANDIDATES' CARDS. iIih following 1m a lint of Candidate for ti.uiity ortlc.B 10 ! voted for at Hie delegate election ln-ia Hutunluy, August Htli, mi, be tween the hours ot H and 7 o'clock p. 111. Nomi nating Convention, Tuemluy, August 11th. For Sheriff, BOYD R. YETTER, of Main Township. For Sheriff, J. M. KNITTLE, of Catawissa. For Sheriff, CHARLES S. REICH ART, of Main township. For Associate Judge, C. G. MURPHY, of Contrilia.' I DOUBLE BBEASTED SACKS AND CUTAWAYS. THE FINEST LINE OF SPRING PANTS IN TOWN. REAL ESTATE rOK SALS IN BLOOMSBURG. Main Street. Desirable building lot SOxSH prior II 40. ' Firm street Frame house, S rooms, lot SOxUt, price flow. Fourth Street Large frame house, 8 rooms, lot 100 feet front on street, price $&i&0. t'tth Street Large frame dwelling house, rooms, out-kltchen, barn, flue fruit, 4c., lot lit , price i.m Jfitln street Large store building, with dwell Ing bouse on same lot, corner lot fronting oil two streets, price $4000. Third street. Large 8 room house, lot MxMS Price 1700. Secohd Street, Xatt of Perm. Corner lot, 50 ft front. Price two. Secorut Street. Vine large residence, 11 rooms Ferry Bona. Two story house, lot 400 feet deep, price I'M. exclusive ot bath room. Hteam, gas, sewer, water and all modern Improvements. Tenant houses and a number ot vacant lots In other parts of the town, all of which are for sate on easy terms. For further particulars inquire Fine Brick Residence In Espy Pa., Lot W feet front 10 room house, everything In good repair recently papered and painted, well at door, cis tern, good stable and outbuildings, fruit ot all kinds. Price I1A00. Ot WlNTBKSTKEM, BlCKLIT M'KtLMF. First National Bank Building, tf. Bloomsburg, Pa. AUDITOR'S NOTICE. In re-tlate of Clotworthy S. M. Fisher, tlravued. The anderslgned auditor appointed by the Orphans' Court of Columbia county, to make distribution of the balance of the fuuds In the bauds ot t be adralnlstrallor of said estate to the pttrtle legally entitled thereto, will attend to the duties of his appointment ut his ofllce In the town ot Hlooinsburg, In Moyer's building, upon Monday, the Wind day of June A. !., iwil, at o'clock a. m., when and where all persona hav lug claims against wild estate uiust apjiear and prove the suuie or be debarred from any Bluut of Bald fund. May W, HI. WM. CHKINMAN, Auditor. CHARTER NOTICE. JniLc"-hrre?f! Ten thBt n application will be made to the Governor of the 8taU of Pennsylvania. on Ki;day June 18, imi, by Paul K. lrt, c. W. Kunston, O. C. Peacock, James Magee ifnd, James Mamie 1st and W. II. Vander herehen, under the Act of Assembly of the Commonwealth of Pennsylvania eutltled A Act to provide for the Incorporation and Regu-1.t,?n-ot ""J"'" t'orporat oiih" Approved April at, lbvl and the Mpplen-enta thereto for the charu-r of an Intended corporation to be called tlie"Blootu.sl)urf Curpet Works" the character and object of which Is the manufacture and sale of carpets and other textile fabrics, and for these purposes to have, possess and enjoy all the rights, benefits and privileges of bald Act of Assembly and supplements the.-eto. V. W. MILLKK, "S Solicitor. NOTICE. Asttgnea Xstute itf Binmor Dletterkk. Notice Is hereby (riven that the tindemlirned, appointed an auditor on exceptions and to inuke distribution of said estate, will attend at the ofllce of Charles H. Jackson, Kso., in Ber wick 011 Frlduy June 86, 1HM, at eleven o'clock In the foreuoon and Mrtoriii the duties of his appointment: When and where all persons Interested In the wild estate and the fund for distribution are requested to appear. Failure t0.SpPy4r u,,d m"kt! cllllm "u'y anthentlcated, fund Purtlt'8 rrom ever coming in on said May SO, Ml, K.H.LITTLK, Auditor. toim ms- you coutemplate ut- endlng Commercial t.ov..tt,,eltO(-,,KTriT,VNsVKit'S a t h n h deciding where, though you may live of the list ol commercial schools In Its eharaet- lorce, us a medium nir supplying the business men of the country with .'r'1 A,tt olttlo assistants, as a means ot ill Y, "S ""'bltlouH young ineu and young women (m the hlKh roud to success, and In tin" extent. An.L.hwtLI ." 1 l'KKS The Twenty-seventh Auuuui Catalogue will be mulled to uuy address. Williams & Rogers, 10N.1JY.TKli' PARKER'S ..... wnj iiTBuiuisf lit flIT. I minute J m Itikurinnl sm.uth Mover Palls to Bstor Gray Hair to Its Youtiijul ColorV CUfWl fULlp CiiaVftaWi It hftlr UiUltjJ, l e Purkoi-'d Giucr .'onto. It iu. II. t wor.i Citiivji, I,"'it!l,l'i,'i!kJ 111 Uina, aitrl. HINPERCORNS. ft. .ir luraaoftftr Caraa. VOJtal'U., ti.X. t
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