The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-31
HAYES and Rnnkle.

The conclusions reached by the Judiciary
Committee OF the Senate in the RuNKLE
case, just made public in printed form, add
one more to the list OF lawless acts OF which
Mr. r. b. HAYES has been formally proved
guilty since his fraudulent Inauguration.
ADMINISTRATION into this case was ordered
by the Senate, on motion of Mr. CoNKLING;
the report of this investigation was made
Just before the Forty-ifth Congress ad-
journed and the pith OF it is that in re-
storing Major RUNKLE to the army, without
receiving or even asking the advice and con-
sent OF the Senate, Mr.. HAYES has been
guilty OF violating the laws.
Major Benz p. BUNKLE was cashicred on
the 10th OF January. 1873, in accordance with
a trial and findings by court martial. The
question whether the findings and the SEN
tence were just has nothing TO do with the
illegal assumption Of power by Mr.. HAYES
Enough 10 say that, more than four years
after the sentence was pronounced and car
ried into effect and very soon after HAYES
came into power, Major RUSKLE employed
lawyers, who argued before HAYES sundry
techncalities, the main point OF which was
that the sentence had been approved by the
Secretary Of War under GRANT, but not by
GRANT himself; and that as the law required
a sentence Of that gravity to be approved
by the President" before being carried into
effect, it was really never carried into effect,
and was still pending.
II this argument be looked at, its falacy
will be instantly apparent. 4 Secretary OF
War is in effect the President FOR the per-
Torrance Of an enormous mass Of routine
duties. Were 1t otherwise, the public bust
ness could not be done. What, otherwise. is
the need Of Cabinet Besides, We're the
contrary doctrine TO be maintained, the set
ting up OF this technicality would restore 10
rank and pay in the army very many other
cashiered officers, whose sentences have
been approved in the same way.
The Judiciary Committee Of the Senate,
headed by Senator EDMUNDs, had no doubt
whatever on this matter. They reported
that Major RUNKLE ." was regularly tried
and sentenced" and that the sentence Of
the court was duly effectually, regularly,
and lawfully approved by the President Of
the United States" even though Gen.
GRANTS personal handwriting did not APP
pear In endorsement. The same conclusion
had long before been reached, after careful
examination, by udge-Advocate-G General
DNNfef if FAlAp fAAlSAh9tPh ihh p'Nn
reached also by Gen. DEvENs, member OF
HAYEs's own Cabinet, and a lawyer Of high
repute. Both Of these official opinions, and
corroboratye ones, were put before HAYES,
who brushed them aside Was not he also u
lawyer and military man!
To say the truth, the shrcwd suggestion
that the final disposition of the case must
be made "by President" in his own hand
writing, seems to have appealed with enor-
nous force 10 HAYEs-eager, as he was, 20
take every opportunity 70 act like a regular
President. He decided that the sentence
had never been properly approved, and then
he proceeded TO disapproye it, and TO under
take to restore Major RUNKLE to the army
Now, when Major RUNKLE was dismissed
from the army for criminal misconduct IN
connection with the Freedmen's Bureau, the
court martial also imposed on him fine OF
$500 and four years Imprisonment. But
I'm consideration Of RUNKLE's war scry ices,
President GRANT, through the War ONCE
RENTED the heavy fine and Imprisonment
When HAYES performed his Illegal act OF
restoration, he also order1d that RUNKLE
should have the pay and emoluments Of his
rank for all the years since the sentence OF
1873, RUNKLE therefore, went back to his
rank with about $4,000 Of back pay, for
which he had rendered no service whatever
Thus Mr.. HAYEs's defiance OF law, in face
OF the decisions Of the Supreme Court
which had been brought TO his notice has
cost the country thousands OF dollars. What
makes the case worse is that the back
pay for which there was no appropriation
was illegally supplied, in bulk, out OF the
surplus fund created under the law OF july
II, 1870, concerning the use Of uncxpended
appropriations. The object of this actor
was, OF course, TO secure the back pay, II
any event. whatever the result OF the in