The National tribune., 1882-09-02

brought out by the committee, and which most
seriously compromised two of the Board OF
Commissioners. To make the matter worse
Gen. Sturgis had nothing to do with inaugur-
ating the investigation of the Senate. 1t was
ordered six weeks before he arrived in Wash
ington to enter upon his duties. He had no
communication with any member of the COM
mittee on the subject until he was summoned
as witness. He thereafter co-operated fully
with thr aommittee in enabling them to dis
cover ,.e methods by which the Home had
been mansged and the disposition made of its
funds and its products.
The question whether the Secretary of War
is bound by the action of the Commissioners of
the Soldiers Home when they recommend the
removal of the Governor and the appointment
of another officer to fill the position it appears,
is not fully decided. Senator Conger who had
several interviews with Secretary Lincoln,
during which his action was fully discussed,
finally suggested that the matter be referred
to the Attorney-General for an opinion as to
what is contemplated by the provisions of the
Revised Statutes relating to the management
of the Soldiers Home. The question is,
whether the Secretary can exercise any author
ity in the premises against a majority of the
Board. 1t is understood that the Secretary
holds that under the law he is compelled to
carry out these recommendations, without re-
gard to the points involved. He holds that the
members of the Board are responsible for the
management of the Home, and control its ex-
penditures and appointments by virtue of the
power given them by Congress, which they ex-
ercise eT-oficiO, and that the Secretary of War
cannot interfere with their management.
The statement which has been made, that
Secretary Lincoln gave his consent to the rec
concentrations of the Board under misappre-
hension or upon false presentation of the
facts in the case, is characterized by that gen.
tleman as entirely erroneous. He says that
he thoroughly understood the subject when the
papers came to his attention, and acted with
the full consciousness of his obligations in the
matter. He did not regard it as a question
which he should take into consideration. He
could not reverse the doings of the Board The
law, in his opinion, left him no option He
was required to carry out the recommendations
of this Board the same as he would acquiesce
in recommendation for the expenditure of
money on the authority of General Wright, the
Chief of Engineers, under provisions of the
river and harbor bill. " 1t has been asserted"
he said, I" that the Secretary of War could use
his discretion in the expenditure of these sums
But he could find no authority for the assump-
. tiOn of this power. So in this case he could
find no authority to justify the interference of
the Secretary of War with the recommendations
of the Board of Managers of the Soldiers Home
The section of the law which relates to
changes of officers at the Soldiers Home, upon
which the Secretary bases his opinion, reads as
follows: "The officers shall be taken from the
army and appointed or removed from time to
time, as the interests of the institution may
require, by the Secretary of War, on the rec
ommendation of the Board of Commissioners"
Section 1853, which regulates the appointment
of retired officer as Governor of the Home,
prescribes that it may be done upon selection
by the Commissioners, approved by the Secre-
tary of War. In this case the independent &C
ton of the Secretary is clearly provided for.
General interest is felt in the opinion which
the Attorney General is to give.