Show WILL MAKE TEST CASE I Fine Question Arises Over Nominations Nomina-tions Sent to Senate During Technical Recess Washington Dec 7 President Roosevelt today sent to the Senate the nomination of Gen Leonard Wood to be a MajorGeneral of the army and tho nomination of 1U7 other army officers offi-cers whose promotions depend on that oC Gen Wood Accompanying these r nominations were those of about I twentyfive civilian appointees including includ-ing that of Dr W H Crum to be Collector Col-lector of the port of Charleston S Cv and some others whom the President nominated In the last recess N These appointments are considered by the President and his advisers I to be recess I re-cess appointments The question of their status has been discussed thoroughly by J the President with the best lawyers connected con-nected with J the administration and In Congress j The conclusion has been reached that between the titan of the falling of Presi Ii j dent fio Tern arrjes gavoi signifying I = tho conclusion of the extraordinary session ses-sion and the calling to order of the Senate in the regular session oC Congress Con-gress iu appreciable lapse of time occurred Jr the time this appointments appoint-ments technically were made They arc regarded by the administration os recess re-cess appointments and the appointlccs therefore will receive the pay and exercise exer-cise nil the authority of the rank to which they are promoted I The commissions OL the army officers have been made out on this understanding understand-ing All of them arc dated back to the time last summer when the appointments I appoint-ments originally were made Secretary Root and 1 Secretary Moods had u con tcrcncc wllh the President today before I the appointments were sent to the Senate 4 Sen-ate In the niittter of the appointments appoint-ments their views as lawyers aid as members of the administration coincides with hut of the President < I With a view to securing a legal decision de-cision however Secretary Root has authorized the PaymasterGeneral to make a test case and bring It to the attention at-tention of the Comptroller of the Treasury J ury at the earliest possible moment r |