The New York herald., 1878-01-15
STATEMENT OF The PAYMASqER GENERAL
Startling Evidence Of Fraud in the
Venezuelan Award.
THE REFORMS IN THE INDIAN SERVICE.
Secretary Sherman's Bill to Provide a
Deposit for Savings.
FROM OUR SPECIAL CORRESPONDENT.

WAsmxGToN, JAM IL, 1878.
THE RUNxLE CAsE-PRksIDENr HAYES ACTION
AND INTERPRETATION OF THE LAw-PER
coNTnA DECISIONS OF THE SUPREME COURT.
One point In the case Of Major Runkle, which is
about to bs by the Senate will upon
tho legal question, Who is in the contemplation OF
the iaw proper revsionary authority for the action
Of court martiali Tho finding OF the court martial
which sentenced Major Runkle to 1ne imprisonment
and dismissal was approved, NOT by President Grant,
but by the Secretary Of War; Il Is understood that
President Hayce under the advice Of the Attorney
General, hold that the sentence Of the court
was not legally confirmed, that the Presi.
dent could not lawfully delegate his authority
10 Cabinet officer such matter, and
that, as the proper revisonary authority had not,
formally. approved the finding OF tho military court
the sentence not OF lawful iorcc and the whole
subject was open to his consideration to approve or
disapprove. Further, that when he disapproved It
the action Of the Court fell to the ground and Major
Rhnkle stood once where stood before the tr,a,
and was therefore entitled, without further action
and matter of course, to his position and pay.
Those who disagree with the President quote two
cases-tho first that OF Wilcox against Jackson u
which the plaintiff claimed title to piece OF land.
which denied the ground that II had been set
apart for Indian reservation. Tho claimant made
tho point that the law required the President to order
such reservation, and that as matter Of fact the
Secretary OF War had ordered it, and not tho Pres
dent and that the act therefore irregular and
void. Tho Supreme Court Of tho United States held
on this that
The President speaks and acts through the heads of
appertsin to their respective duties.
Hence consider the act OF tho War Department In
ns 10 Os aaa 70 Ss ,ns act Of
thus made was in loyal cncct reservation made by
order Of the President within the terms OF the act OF
Congress-
The other case is tnat OF McElra.h va the
United States, decided in the Court Of Claims last
year. MeElrath was an officer of tho Marine corps,
who dismissed tho In 1866 for being ab-
sent without leave, the sentence OF dismissal being
approved by Secretary Welles In 1873 Secretary
Robeson revoked tho order OF dismissal and accepted
McElratn's resignation, whereupon he applied for
pay during the interval between his dismissal and
restoration Tho accounting officers allowed him half
pay, which no accepted under protest, and brought
suit for the other halt On these facts the Court
heidi
Fyrst-That the President may dismiss military and
naval officers without the concurrcnce Of tho senate.
Second-That I'M order dismissing an officer OF the
Marine corps issued BY the Secretary Of the Navy as
tion OF tho President nevertheless legal effect
tho order Of the President
Thiyd-That the officer could be restored only by
regular appointment TO Oil o vacancy.
Judge Loriug, who delivered the judgment. said -
1t contended for the petitioner that tho order
Of dismissal in this case VAS not In legal effect the
order OF the President because rc.er-
ence TO his authority, and was signed only 'Gdeon
Weilss, Secretary OF the Navy but this point was
cuse the Supreme Court decided that direction signed
by the Secretary Of War with hts name only, ~. G.
was tho order Of the President In that case, as in
this, the power exercised belonged TO the President
and did not belong 20 the Secretary. and he could
nltU mi 1v thA 1ft thn
and the presumption OF law wns therefore that he
used II.
p II will also be montained that President Grant did
actually upon the finding OF the Court BY remit
ing part of the sentence. tho nee and imprtson-
ment, and that having thus officially shown that be
had taken cognisanco OF II must be supposed that
he Secretary OF War approved the remainder Of tho
sentence by order, and that this constituted the
aormal approval by tho proper revsionary authority
demanded BY the statute" 1t is evident that there
will DO work for tho lawyers in this
On the Presidents side 1t is asserted In opposition
10 oil this, that while the signature OF Secretary is
sufficient in common administration business In regard
to tho findings OF courts martial tho President as
in.Chiet OF the Army and Navy, has judi
eai functions 10 perform which he delegate 10
any other person. In any the result OF this In
quiry will probably dcnne tho exact duties OF tho
Executive in such matters and will relieve the Presi.
dent of q multitude OF applications tor revision of
sentences
4 MEASURE TO PROMOTE rHE DEPOSIT OF
SAVINGS AND THE REFUNp1Na OF THE Ma
TIoNAL DFBr-sECRErARY sHERMAN's BILL.
Secretary Sherman some days ago wrote to tho
Committee OF Ways and Means that he would like to
appear before them at carly day TO explain bill
"to promote the deposit of savings aud the rcfundng
OF the national debt" which has drawn up under
his instructions. and which he desires the committee
examine and report The following is Secretary
Sherman's BILL
An act TO promote the deposit Of savings and the
refunding of the national debit
Any holder OF United States notes may deposit them
at any postal money order Office the United States
ceve therefor OF charge aposta order the Treas
urcr OF tho United States the necessary blanks to DO
prescribed and furnished 10 each Postmaster by the
Secretary OF the Treasury, and the money received
for such orders to be accounted Tor by the Post
master master under regulations to be prescribed By the
Secretary OF the Treasury and the Postmaster General
and such postal orders, when presented to the
Treasurer az Washington in Gums OF $40
any multiple OF that sum, shall be veribic
into certncatcs of deposit OF the United States Of
kind and description herein provided. and such
tincatcs may also be issued in exchange for United
States notes the Treasury Of tho United States at
the Office OF any Assistant Treasurer any desig-
mated depository OF the United States
The certificates OF deposit herein provided for shall
be issued by tho Secretary Of tho Treasury OF such
form and description as he may prescribe and OF tho
bear interest ut tho rate OF a65 per cent per
Annum, or one GENT on 500 for each day
after its issue. for tho term Of one year
longer and shall be received and redeemed by
the United States only In the payment for bonds as
herein authorized
And the Secretary OF the Treasury is boreby au,ho-
rzed to either United notes or the postal
ORDERS certificates OF deposit herein authorized at
their market value, IN coin, In pay ment of United
States bonds issued under the authority OF law or in
lieu OF such bonus q registered bond similar In
character leaving interest 10 DO compounded every
six months.
All United states notes received into tho Treasury
under this shall Ue applied exclusively to the pay
mont of any bonds OF the United States redccmabc at
the pleasure OF the United states tho purchase of
coin or bullion to be applied exclusively to tho pay
ment Of sucn bonds and all expenses incurred under
this nct shall DO paia out oil tno fund created under
the Rcfunding act or from appropriations for engrav
ing and'prnting the public securities.
The committee has appointed tomorrow, at eleven
o'clock 10 hear the Secretary this bill
II will be hat the not only encourages
"a q Ia IL