238 



CONGRESS. (SUSPENSIONS FEOM OFFICE.) 



from unjust and fraudulent competition and 

 consequent loss, if not absolute ruin. 



"4. This legislation is necessary because the 

 States have not been able thus far to either 

 suppress or properly control the great evil of 

 which I have spoken, and as sufficient remedy 

 can be found nowhere, in my judgment, save 

 under the Federal Government." 



The argument in opposition to the bill was 

 based mainly on the theory that, if it was not 

 a revenue measure, there was no constitutional 

 authority for passing it, and upon the fact that 

 no new revenue bill was needed. 



The measure was amended by making the 

 tax per pound on oleomargarine provided for 

 in Section 8, two cents instead of five. The 

 vote on the adoption of this amendment was 

 33 yeas to 28 nays. Among the amendments 

 proposed and rejected was one prepared by 

 Senator Butler, of South Carolina, in the na- 

 ture of the original bill, applying all of its pro- 

 visions to the traffic in impure liquors. 



The bill passed the Senate, on July 20, by the 

 following vote : 



YEAS Aid rich, Allison, Blackburn, Blair, Camden, 

 Cameron, Chace, Cockrell, Conger, Cullum, Dawes, 

 Dolph, Edmunds, Evarts,' Gorman, Hale, Harrison, 

 Hawley, Hoar, Ingalls, Logan, McMillan, Mahone, 

 Manderson, Miller, Mitchell of Oregon, Palmer, Payne, 

 Platt, Plumb, Sawyer, Sewell, Sherman, Spooner, 

 Stanford, Teller, Wilson of Iowa 37. 



NAYS Beck. Berry, Brown, Butler, Call, Coke, 

 Colquitt, Eustis, Gibson, Gray, Hampton, Harris, 

 Hearst, Jones of Arkansas, Maxey, Pugh, Kansom, 

 Kiddleberger, Vance, Vest, Voorhces, Walthall, Whit- 

 thorne, Wilson of Maryland 24. 



ABSENT Bowen, Fair, Frye, George, Jones of Flor- 

 ida, Jones of Nevada, Kenna, McPherson, Mitchell of 

 Pennsylvania, Morgan, Morrill, Pike, Sabin, Sauls- 

 bury, Van Wyck 15. 



On July 23 the House concurred in the Sen- 

 ate amendments, and on August 2 the President 

 approved of the measure. 



Suspensions from Office. One of the most im- 

 portant political incidents of the session was 

 the controversy between the President and the 

 Senate, over the right of that body to informa- 

 tion on file in the departments in regard to sus- 

 pensions from office. Issue was joined on the 

 case of George M. Duskin, District Attorney of 

 the Southern District of Alabama. The Presi- 

 dent suspended him from office July 17, 1885, 

 and on the same day designated John D. Bur- 

 nett to perform the duties of the office. Decem- 

 ber 14, 1885, the President nominated Burnett 

 to be District Attorney of the Southern District 

 of Alabama in place of Duskis, suspended. The 

 nomination was referred to the Committee on 

 the Judiciary of the Senate, and Feb. 18, 1886, 

 the majority of the committee, through its 

 chairman, Senator Edmunds, made a report in 

 which the foregoing facts were first set forth. 

 The report then went on to say : 



Since the passage of the act of March 2, 1867, " re- 

 garding the tenure of certain civil offices," it has been 

 the practice of the Committee on the Judiciary when- 

 ever a nomination has been made proposing the re- 

 moval from office of one person and the appointment 

 of another to address a note to the head of the de- 



partment having such matters in charge (usually the 

 Attorney-General), asking that all papers and infor- 

 mation in the possession of the department touching 

 the conduct and administration of the officer proposed 

 to be removed and touching the character and conduct 

 of the person proposed to be appointed be sent to 

 the committee for its information. This practice has 

 through all Administrations been carried on with the 

 unanimous approval of all the members of the com- 

 mittee, althougn the composition of the committee has 

 been during this period sometimes of one political 

 character and sometimes of another. In no instance, 

 until this time, has the committee met with any de- 

 lay or denial in respect of furnishing such papers and 

 information, with a single exception, and in which 

 exception the delay and suggested denial lasted for 

 only two or three days. 



"The committee has thus hitherto been enabled to 

 know the character and quality of the administration 

 of the office in charge of the incumbent proposed to 

 be removed as well as the character and quality of the 

 person proposed to be appointed, so far as the papers 

 in the department could furnish information in regard 

 thereto. 



In the instance now particularly under consideration 

 the committee, according to its standing course, on 

 Dec. 26, 1885, through its chairman, addressed a note 

 to the Attorney-General in the same form and asking 

 for the same papers and information that it had been 

 accustomed to do. Alter sundry delays and explana- 

 tions it became evident to the committee that it could 

 not by this informal method obtain an inspection of 

 the papers and documents in the Department of Jus- 

 tice bearing upon the subject. It accordingly, on the 

 25th of Januarv, 1886, reported to the Senate for its 

 adoption a resolution in the following words : 



" Resolved. That the Attorney-General of the United 

 States be and he hereby is directed to transmit to the 

 Senate copies of all documents and papers that have 

 been filed in the Department of Justice since the 1st 

 day of January, A. D. 1885, in relation to the manage- 

 ment and conduct of the office of District Attorney 

 of the United States of the Southern District of Ala- 

 bama," which on the next day was adopted by the 

 Senate without a division. 



The Attorney-General, on the 1st day of February, 

 1886, sent to the Senate a communication in the fol- 

 lowing words : 



DEPARTMENT OF JUSTICE, January 28, 1886. 

 The PRESIDENT pro tempore of the Senate of the United 

 States : 



1 acknowledge the receipt of a resolution of the Sen- 

 ate, adopted on the 25th instant in executive session, 

 as follows : 



" Kesolved, That the Attorney-General of the United 

 States be and he hereby is directed to transmit to the 

 Senate copies of all documents and papers that have 

 been filed in the Department of Justice since the 1st 

 day of January, A. D. 1885, in relation to the manage- 

 ment and conduct of the office of District Attorney 

 of the United States of the Southern District of Ala- 



in response to the said resolution the President of 

 the United States directs me to say that the papers 

 which were in this department relating to the fitness 

 of John D. Burnett, recently nominated to said office, 

 having been already sent to the Judiciary Committee 

 of the Senate, and the papers and documents which 

 are mentioned in the said resolution and still remain- 

 ing in the custody of this department, having exclu- 

 sive reference to the suspension by the President of 

 George M. Duskin, the late incumbent of the office of 

 District Attorney of the United States for the South- 

 cm District of Alabama, it is not considered that the 

 public interest will be promoted by a compliance with 

 said resolution and the transmission of the papers and 

 documents therein mentioned to the Senate in execu- 

 tive session. 



Very respectfully, your obedient servant, 



A. H. GARLANI*, Attorney- General. 



