New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-01-03
.cAINST Actions PROTEST..
THE sI1B.rRgAsuRY VAULTS OPENED.

rorr Yesterday beyond the usual hour OF opening,
10 the refusal Of Assistant Treasurer Thomas G. Acton
90 surrender tho olhce aud money except
nnaer protest. Mr. Acton has been anxious
90 DO relieved of his responsibility, but mas
,aavored TO protect himself and his bondsmen. The
fnsa OF John Bigelow to accept the appointment TO
,no office has caused the Administration much embar
ss,,ent and the holiday OF Congress- which ex
,rrd over the expiration Of Mr. Actions term. added
,o,hjs II was decided at Washington that the United
st,,es Treasurer should take charge Of the office
On preserence TO designating some one to act
s Assistant I'D interim or TO permitting Mr.
,ciou TO hold over until the reassemblng of Congress
The published report that such course was contcm
Ioted by the Government led Mr.. Acton TO consult
counsel the legal questions attending such change
Tho vaults of the sub Treasury sealed al the close
., business on Thursday by H. A. Whitney
cashier of the Treasury. in behalf OF the United
states Treasurer, and by Mr.. Acton for himself
Treasurer Jordan with Solicitor McCue, Cashier
whitney and large number OF expert counters from
the Treasury Department at Washington were at the
sn.Treasury before O'Clock yesterday morning. Mr..
Acton and his officers there to meet them Colonel
George Bliss, of his counsel. was sent
Gov af,crward. A discussion which lasted for more
than Nv hours ended in formal protest by Mr. Acton
and the breaking OF the seals the vaults by the United
states Treasurer The Washington counters at once
went to work. and soon as money could be turned
over to the tellers business was resumed.
The term of office Of the Acknowledgements
expired, according to his commission. on De-
cember 90, aud. according 10 the Treasury Depart
meut at the end of tie year because Mr. Acton did not
take charge OF the Office until January l, 1882. The
opn;on of George Bliss and Ehu Root, whom Mr..
Acton consulted has been since confirmed by other we'll
known counsel. 1t is as follows:
NEw-YoRK. Dec. 80, 1885.
Hon. THOMAS c. ACTON. assistant Treasurer
DEAR SIR: We have considered carefully the FACTS
ed ~
commission that you wcre in terms appointed Assistant
treasurer TO hold Office for four years from December
90 ISL but that did not qualify and enter
mon your duties until January l. 1oS2. The Hon John
Egelow recently nominated ana confirmed ny Inc
seae as your but has declined the Office The
press contains statements that 1t Is assumed by the au
borties at Washin that your term OF Office expires
on December 81 1850, and that you Will necessarily DC
called upon that day 10 turn over the once anu le
hundred and eghtySiN lhllllohs ~ your Ih"So :"
some person who has not been dominated by the Ircsl
dent aud confirmed by tue senate as your i
tOns they should be received PROVIDED YOU can 90 SO
consistently with your duty to yourself and your pohds
We advise you that your of Office expired on De
ccmber 20 1883, that have since Dce hOldn OVER
and that Your relations in this respect will not change
on January 1856 that you have 10 legal right 10 I0h
any person not nominated by the President and con-
frned by the Senate and that You caunot safely ohcy
amy order so TO do. No person not confirmed by the
Senate as your can give you proper receipt
OF release you "a, and yon. nnar Tour c Control
Were II necessary that you should assume Inc RESPONSE
s ob ih enate in order that the operations Of
he eTeat Office OF Assistant Treasurer should be
brought to staHdsti you would doubtless. as good
cit,1en feel disposed to any order to that Ell ct.
but the operations of the office have gone ON Tor ten
days since your term expired, we see no reason Why
th:y may not in the same way for few days
until the President and Senate can act H., .,,, 49,.
In view OF these considerations we hardly thlnK that
tie authorities at Washington can be contemplating me
action reported by the press but IT would DC Wei iof
ycu call their attention TO the views entertained D!
yourself ana your counsel Your obedienl servants
ELIHU Roof.
When Cashier whitney reached the city Thursday
afternoon he brought from the Secretary of
the Treasury and from the United States Treasurer
The secretary's letter was as follows:
TREASURY DEPARTMENT Dee 30 1885.
Mr. THOMAS ACTON, assistant treasurer OH"ed H"'tS'
SIN: As YOUR bond as Assistant Treasurer will expire
on the 3lst inst. and no successor mas quahed. you
viii surrender the office to the of the United
States Nh C. y jordan upon his arrival Tor The purpose
A careful and accurate count will be made OF all
moneys your possession due The treasurer ana oh'r
officers OF The United States. for which sum Mr. jordan
Will receipt after veTlhcaloh al me close OI inc
count 4 schedule viii likewise be made OF public prop
erty books papers and accounts belonging 10 the sub
Treasury. the schedule representing the accounts OF hc
officers a. well as the scheou Tor property elc.
ana the receipts for the moneys should be made ana
signed in rircate; one copy for your use one 10 DC
filed among the records of the Office and one to DC Tor
You viii close all accounts which you may have had
with the Department III your capacity as dlsDursihE
agent such as the FOR the payment OF salaries,
contingent eAprnscs and Louisville and Portland Canal
Companys bonds by depoNItlrc TO the crcGit Oh thc
Treasurer OF the United states any balance which may
be due on these accounts forwarding the accounts WIN
the vouchers and the originals of all certihcates OF C
post for such balances 10 M" GnSe Eesrcc1y
yours, d. MANN'' 9c'Ic'"'!
MIR. Jorian's letter introduced Mr.. Whitney formally
and then said:
l have dispatched Mr.. Whitney for the purpose Of
snprrnteuding tire sealing OF the vaults on
thc 81 and Will thank you to cause your sa 10 pt
acd on he vaults Of the Office In addition 10 the seals
placed thereon by Mr. whitney.
The Assistant Treasurer Mr.. Whitneys arrival pre-
sented to him a written statement that he had sent
letter to the Department with the opinion Of MS counsel
The statement This:
sent last night to the Secretary Of the Treasury lc
s 1fr n fS'sr ecSan,c M feg Bliss and EooI
Iep"rt Of What was Intended TO be done aud to the
erect that have authority TO hand my Office alc tho
iny successor 6y proper authority The letter pres
ent looks to turning tue office over on SATURDAY to te
hat purpose iultncr 20 eo iint co"no'" ,h hn
The nestme 9ayc COW no soo O hf sba, ne Nd
vsed that cannot safely comply win me letef OF the
10 break the seals Oh Saturday morning. 800
desire 70 pay al duo respect To- me 3rder OF taS
10 LEGAL authority to issue ] am advised that
should be prOectrdln Obeying IT: ana mat TO turn
over e money In my charge even to the Treasurer
TIE United States the order OF the Secretary wien
the nny have no authority in Law TO receive ana the
other no authority to direct do, would not pro-
icct me. Whether the one has such an-
thority receive and the other authority to Directs
matter which before Saturday purpose further
10 consult council
Yesterday, when Treasurer jordan appeared to take
charge OF the Office Mr. Acton refused to break the
seals which hal been placed the vaults by the Treas
urers order and finally protested in the following
terms
January ., 1856
Zen. C. y. JOEDAN, Treasurer United StuhS:
DEAR SIR have received letter from the Hon.
Daniel Manning Secretary OF the Treasury, directing
ms to surrender the office OF Assistant Treasurer OF the
Unfe1 States to you. ! have made careful e1amina-
the provisions the law governing the Offices OF
the Treasurer ~ the United States aud OF Assistant
Treasurer OF New York.
You now desire TO take posse sion of this Office
the various funds I'm my charge rs Assistant
Treasurer. and. Dasing your action upon the Ieter
OF the Secretary OF the Treasurer demand from me
my consent TO aud cooperation In this action on
your part IN reply have 10 say that am here ready
continue the performance OF the duties OF this Once
end by word act 70 the assumption OF