43 NYTimes OCT 2 6 373 Advise and Reject By Tom Wicker History is open to interpretation, IN THE NATION but Elliot Richardson appears to be the first Cabinet officer since Secre- ground rules, when openly violated by tary of State William Jennings Bryan Mr. Nixon in discharging Archibald in the first Wilson Administration to Cox, forced Mr. Richardson's resigna- have resigned on a matter of principle. tion. That, in turn, alarmed and out- Ironically enough, Mr. Richardson raged the country as it had not previ- might well have been, instead, the first ously been by the Watergate scandal Cabinet nominee since Lewis Strauss —a reaction soon felt by both Con- in 1958 to have been refused confir- gress and the White House. That reac- mation by the Senate. tion assures that an independent in- Mr. Richardson won Senate approval vestigation will be carried on in some only after his crucial pledge to ap- manner as yet to be determined. point an independent investigator with Meanwhile, bath houses of Congress, complete authority to look into the due to the new 25th Amendment, have Watergate affair. When Richard Nixon before them Mr. Nixon's nomination of ' ordered him to violate that pledge, Gerald R. Ford to replace Spiro T. Mr. Richardson resigned rather than Agnew as Vice President. Both houses so dishonor himself. must confirm it. This offers either or This sequence- of events derived both the opportunity to hold Mr. Ford from the crucial but often neglected as a political hostage to be exchanged power granted by the Constitution to for White House cooperation in the the legislative branch in the form of Watergate matter; but since Mr. Nixon the Senate's right to "adVise and con- probably does not much care whether sent" on Presidential nominations to he would be succeeded by Mr. Ford high office. The power of confirmation or by House Speaker Carl Albert, who thus conferred has often been no is now first in line of succession, the more than a rubber stamp, but not in real importance of the Vice-Presiden- the Nixon years. tial vacancy may be that it gives Con- It has yet to be demonstrated that gressional Democrats some bargaining Harry Blackmun is superior to Clement power in seeking Republican votes for Haynsworth, the first Nixon nominee impeaching Mr. Nixon. rejected by the Senate for the Supreme Over in the Senate, moreover, the Court; but clearly Mr. Justice Black- situation of last spring has been re-es- mun is a considerable improvement tablished; when Mr. Nixon sends up on the second man whose name Mr. a new nominee for Attorney General Nixon sent to the Senate, G. Harrold (in fact for any high office that may Carswell, who also was rejected. When also become vacant), the Senate in two other high court seats became its current mood clearly will not con- vacant, moreover, the Senate's demon- firm until it exacts a price in Water- strated willingness to fight helped gate cooperation from the White House. move Mr. Nixon away from a ghastly All this to some extent derives from list of inferior candidates to two far the unusual historical circumstance more qualified men, Justices Powell that, despite his two national vic- and Rehnquist. tories, Mr. Nixon has not been able Early this year, the battle of a few to bring in a Republican Congress; Senators and some press critics against and from the lamentable fact that what was thought to be the easy Richard Nixon is personally disliked, confirmation of the well-meaning but and bitterly so, in the Democratic weak L. Patrick Gray 3d as director party and in Congress. of the F.B.I. resulted not only in Nevertheless, the power of confir- his ultimate withdrawal but in some mation is specified in the Constitution, major breaks in what was then the and in the last five years Congress embryonic Watergate scandal. The has shown what a substantial power temporary director who followed Mr. it can be when wielded with deter Gray, William Ruckelshaus, later mination. There is no doubt a danger, played a major rale in further Water- even, that an overweening Congress gate developments, particularly the might deny some President the neces- disclosure of the break-in at Daniel sary leeway to set up a coherent Ad- Ellsberg's psychiatrist's office and the ministration; but the natural divisions discovery of seventeen wiretaps of that always beset Congress will usual- dubiods legality on newsmen and ly guard against that. Administration officials. Whether Mr. A more promising possibility is that Gray would have acted as Mr. Ruckel- recent experience may cause Congress shaus did is highly questionable. to take the oonfirmation power more When Mr. Richardson's nomination seriously. It long has been routine to to be Attorney General arrived in the force nominees to divest themselves of Senate last spring, the Judiciary Com- entangling financial interests; insuring mittee went to great lengths to delay high standards of official character confirmation until he agreed to elabo- and public service ought to be just as rate ground rules for a special, inde- much a goal of those who can adviser pendent Watergate prosecution. Those and who must consent.