for that purpose.

In availing himself of the opportunity thus afforded him to present
evidence in defense or explanation of the matters charged against him
he examined no witnesses and contented himself with presenting his own
statement, containing little more than a reiteration of statements he
had already made before the board at previous hearings, supplemented by
slight documentary evidence which established no new facts in his favor.

The board thereupon reviewed all the evidence and proofs which had been
submitted during the entire examination, and after full consideration
decided that there was nothing in the additional evidence produced to
warrant a modification of the original finding, and the board therefore
again certified and decided that the candidate had not the moral
qualifications to perform efficiently the duties of the grade to which
he sought promotion.

The Secretary of the Navy transmitted the record, proceedings, and
findings of said examining board to the President, with a recommendation
that the same be approved and that the candidate be discharged from the
Navy with one year's pay, pursuant to a statute passed on the 5th day of
August, 1882, directing a discharge from the service in such cases.

Thereupon, and on the 19th day of February, 1887, the record,
proceedings, and findings of said board were approved by the President,
and Passed Assistant Paymaster Yorke was ordered discharged from the
naval service with one year's pay.

The bill now under consideration provides that the action of the
examining board above recited "be set aside and declared null and void."
It also authorizes the President "to appoint the beneficiary to the
office to which he would have been promoted but for said action and to
retire him in that grade as of the date he was wholly retired."

The authority attempted by the bill to be given to the President to thus
make an appointment to the office of paymaster in the Navy without the
interposition of the Senate appears to be inadmissible under that clause
of the Constitution which only permits the President to appoint certain
officers "by and with the advice and consent of the Senate."

The bill provides for the immediate retirement of the beneficiary.
He is now but 47 years old, thus lacking fifteen years of the time
when he would be entitled to retirement on account of age. There is no
suggestion that he is physically incapacitated. On the contrary, when
he was e