Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1855-11-09
Gen. Scotia Back PAY.

/ rom the Natlondl IhtelHReHceT.
Immediately after Gen. Scott
received his commission as Lieut.. General, viz. in
March last, he filed with the Paymaster Gener-
al of the Army his claim for the pay and emou
ments of his grade, dating back from March %,
lSi7, the date of his new rank. His claims for
pay aud allowances amount to between thirty
five and forty thousand dollars. The Paymas
ter General, doubling his authority over some of
the items in the account, submitted it to the Sec
rotary of War, who retained the matter in his
hands until late in April, when he submitted it to
the Attorney General with an elaborate adverse
argument. the simple question. tchffher there Is
any lar in force firing the pay and allowances
of the grade of Lieutenant General! The ad
verse argument of the Secretary of War was not
communicated by him to Gen. Scott and not
made matter of record in the War Depart
ment. The Secretary of War; however. inform
ed Gen. Scott. that he disagreed with the latter
rs to his being entitedto any pay whatever as
Lieutenant General, but that he had submitted
General SCOTS claim TO the Attorney General,
although the Secretary had in fact only sub
mitted the single point ichether there ,cds any
lar in force, &c. Gen. Scott. having accidental
" learned that the Secretary of War bad filed
with the Attorney General long argument of his
own to enghten the law officer Of the Govern
meni, thought it necessary to meet the weight of
the Secretary's argument by counter arguments
on the question. He accordingly took the opin
ions of seven very eminent lawyers, three OF
whom were EX-Attorneys General OF the United
States. and succeeding, about forty days after
Mr.. Davis had filed his argument on the sub ject,
in procuring, through the Attorney General and
acting Secretary of War, during the absence of
Mr.. Secretary Davis, the argument OF the latter.
About the 9Th of September Mr. Attorney
General Gushing rendered his decision on the sin
gle point submitted to him. deciding that "there
is nop in force a lar, in the ffh section Of the
act Of May 25th, 1893, firing the pay Of the
grade Of Lieut.. Generdi.'
In arriving however. at this conclusion, the
Attorny General establishes other principles in
respect to the joint resolution of 1888, which
have an important bearing upon the subject, but
which appear to have been oisregarded by the
| President in making his decision on the 18th of
| October. The Attorny General says: " Then,
| taking up the second member of the resolution,
we see that its inducement is definitely stated,
namely. to acknowledge eminent services; and
| the legal consequence of statutory construction
follows that it is to receive beneficial, or, as 1t
is termed in the law books, liberal interpreta-
| ton"
! Has the President, in his decision. given to
! the Joint resolution the sort Of Interpretation
which. according to the Opinion of the Law OF
| heer of the government, the law demands !
The act of Congress of 1912. coupled with
that of 1897 and that of march, 1902, give to off
| GERS who exercise certain commands viz ito the
commander of the army. the commanders of geo
graphical divisions, and the commanders of mill
! tary departments and posts double rGfi0ns.--
! Every law on the statute book relative to doubie
rotions,or additional rations. shows that they are
given TO enable the offices TO meet the additional
expense imposed by position; they are given in
| consequence of the command exercised by the of
hcer. and not as an appurtennnce of the rank
which tho officer holds in the army. And yet
! the President decides ''No eristing statute
makes any prorision for the ailoronce Of double
| rdtions IN the case; no erisfing regulation sau-
I horizes 10, and make none" Is this a liberal
or henignant Interpretation of the act of August
I'D 1912 the act of March l6 1902. or the act
of March, 1897, the first of which allows he
double raons to 1.-THE Major General command.
| ing the army; and to every officer commanding
IN chiefa seperate army actually in the field; to
the generals commanding the eastern and western
! geographical DIVISION" &cl No one can con.
tie I'd that this decision of the President. so curt
Iyexpressed. is benignant or liberal, particularly