New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-26
A RuMoR THAT HE Is TO BE MADE sUPERINT@N-
a. COAST SURVEY.

A RuMoR THAT HE Is TO BE MADE SUPERiNI"N-
DENT OF THE COAST SURVEY.
WAsnIxGToN, Feb 25 CSpeciab.-Thc rumorcd
retirement of General John Newton from the
head of the Department of Public Works at
New-York is said to be for the purpose
of his accounting the position of superintendent
of the Coast Survey, the duties OF which
have been performed by Mr.. Thorn since the re.
tirement of Superin: endent iilyard. Inc absence
OF the PRESIDENT, who has the appointment OF the
officer renders il impossible to verify this ruinor.
Al the Treasury Department this morning ~ was
learned that there several applicants for the
POSITION, but that nothing VIII probably
that the fact that General Newton isalrcadv draw
ing salary from the Government as retired Army
officer would not prevent his acceptance OF the
other place as he United States Supreme Court has
decl1ed that where two positions are speclncaiIy
provided for by law, and the duties are not lncom
patible there If no bar to the drawing OF TWO Bal
aries.
CAN GEN. NEWTON GET TWO sALARlEs'
TO the Editor Of TIE Tribune.
Sir: In a Washington dispatch In THE TRIBUNE D"
Thursay it was stated that General Newton was aDou'
to resign Commissioner of Public WORKS 10 acccp'
Government position in connection Win the iia0n
River improvements. This is confirmed by "epcr"'
Newton's own statements In several papers ,oo's'
Now the question in my mind is: Can General Newton
accent Government position unless he resigns MS
Army commission, being now upon the retired hst
Section 250 OF the Revised Statutes reads ketIren
officers OF tho Army may be assigned TO duty al inc
Soldiers upon selection by the commissioners Oh
Il AZ institution appro by the Secretary OF war; ana
a retired officer shall not be assgnaDie 10 any o'her
duty" go -,
It may bs argued that while the supervision OF the
Harlem River comes under the direction or
the Army the positOn which General Newton Is TO be
supposedly that OF consulting engineer Il prac
tically be a civil But Sections 763, ,7oi ana
16j the Revised Statutes would seen 10 debar him
from draw ing the salary he retained Lis commission N
the Army. These statutes prohibit any ohcer III any
of the public service receiving two salaries from
the Government. hope that General Newton VIII not
resign. H.
Now York. Feb. "a, 1888.
General Newton called on last evening by re-
porter OF THE TRIBUNE and shown the sections quoted
ty H." He said that he had been assured that there
was nothing prevent his accepting civil employment
under the Generai Government. An exception was
made in the case OF hmbasslno lie instanced the
ease OF General Sickles While he was Minister TO spain
the question was raised and !: was decided that an
officer OF the Army the retired list could not DC an
envoy to foreign country and retain his place on the
retired list. But there had been many Instances OF
officers on the retired list who had been appointed
The General said that he must stu decline to gi'e any
particulars place which he might possibly accept
Nothing positive had been determined upon ana would
/ not be IL tho Prcsi lent returned from the South
Newton has been confined 10 MS apartments
with a severe cold for several days, but IL much I'M
proved expects to be cut and at the Department OF
Public Works tomorrow.