National Affairs: Too Late
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"The President is making every effort to secure the confirmation of Mr. Warren. . . . He has decided on no other appointment. [In case Mr. Warren is not confirmed] he will offer him a recess* appointment. He hopes, however, that the unbroken practice of three generations of permitting the President to choose his own cabinet will not be changed. ..."
This aroused the ire of the opposition even more. Senator Walsh exclaimed on the floor:
"The Senate itself is under a test as to whether its power, given by the Constitution, shall be disregarded."
Unable to yield with dignity, the Senate once again rejected Mr. Warren, 46-39. In this debate Senator Gillett made his maiden speech, defending Mr. Warren; Senator Borah, learned, eloquent, before packed galleries, espoused the Senatorial right to reject Mr. Warren.
*There is only one Senator Walsh in the Senate now Thomas J. Walsh of Montana. Senator David I. Walsh of Massachusetts has retired in favor of Senator Gillett, who defeated him last fall. *A recess appointment is a temporary appointment which the President has power to make when the Senate is not in session (Constitution of the United States, Art. II, Sect. 2, clause 3).
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