The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1869-11-30
POSTMASTER GENERAL CREsswELL
STOPS A SICK CLERKS PAY AND
DISCHARGES THE REN0NsrRANr.

The following document is signed b.
gentleman who, some mouths sine
furnished the APPEAL with some higbl,
interesting letters from Washington
and ne is therefore already we'll know
to our readers 1t is not much to tn,
credit of the Postmaster General tina
be took umbrsge at this respectful pro
test and discharged Mr.. Ware who ha!
rendered many and valuable services te
the Postal Department during the pas'
FIVE years, he having been to England
in that time on business of great i'm.
portance and transacted it with signal
ability and also having distinguished
himself by Lis conduct of case in
voiviug points Of great delicacy before
the Canadian Courts; and being, be.
sides, an ardent and thorough Republi-
can. Mr. Ware il the son of Hon.
Ashur Ware of Portland, Maine, the
distinguished Admiralty Judge. We
quote as follows from the Washington
Morning News:
To the Honorable George S. BoaaceH,
Secretary of the Treasury. Respectfully
showeth your petitioner
l. That he is a fourth class clerk in the
office of the Sixth Auditor.
g That his salary is fixed by law at $500
per year.
3. That there was deducted from his pay
during the month of September last pro
rata sum for seven days, during which time
he was sick, and furnished physicians's cer-
tihcate to that fact.
4. That such deduction is not contemplated
BY the various acts establishing clerkships
and providing salaries for those appointed
thereto, and upon this point he respectfully
submits the following suggestions:
A departmental cierkship is the creation
of statute. The contract between the United
States and its department officers is not
C ,n.ract at common law. 1t is purely statu-
tory.
Congress has ordained that there shall be
certain Offices of honor and profit, and has
declared what shall be the emolumeDts
thereof. II has decreed that clerks of the
fourth class shall receive yearly salary of
> l,ooo-t1iiS suIii, anu nOtuIuS iuOIc uVI
less. The right to this salary accrues to any
person appointed by the appointing power,
and that right continues during the incum-
beucy of the Office, and during such incum-
bency can only be altered or abridged by the
power. The lawful holder of the
commission is entitled to the profits and
emolumen:s of the office. Congress alone
can abridge, increase or tax the salaries al
lowed by law. The vested right of person
duly appointed) in the Office indicated by
his commission is clearly laid down in Mar
bury rs. Madison, Cranch, 1877, (see par
tieularly PIP. l6l. l62 His right to his le-
gal salary is not decided, but is admitted as
OF course in all the authorities, (see Bright
iy's Federal Digest, page 500, IS ia to 147.)
Congress has from year to year made appro-
priations TO pay the salaries Of officers Of the
class to which your petitioner belongs, and
even were that appropriation insufficient. he |
would be entitled to his compensation before [
The Court of Claims, (see GrGhass ~. the |
United States, ] Mott and Huntington, $780,
Your perinener claims, therefore. that he |
5 eutiiltd to his salary al the rate Of D, 500