New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-01-14
THE SILCOTT REPORT IN.
ADVISING THE HOUSE THAT THE SALARIES
LOST BY MEMBERS BE REPAID.
ARGUMENT OF THE SPECIAL coMMIrrEE-ME.

ARGUMENT OF THE SPECIAL COMMITTEE-MK
HOLMAN SUBMITS MINORITY REPORT.
Washington, jan 1.-THE report presented to the
House to-day by Chairman Adams, from the select
Committee appointed to investigate the Silcott de-
facation begins with statement Of the facts of the
defalcatlon. and continues:
The question is whether, according to the rules OF
plain, substantial Justice ought 10 be assumed that
when TINS money was Pa1Sed S,,r0u oy ' tSel,
Up to that instant the United states Government owed
certain sum for Congresslohal salaries. Din inc
United states Government at that instant, ana by
the act of the Treasury teller In paying and the act
Of slcott in receiving me MONEY aof Sc sre s %1
not then and there receive the money due them.
The United states Government dd n9t tnen ana there
of the List Congress, or to any one OF them.
The committee then goes into long argument to
demonstrate that cott could not be regarded as the
agent Of the members, reciting that many of the
members who lost salaries had never sat in any
Congress mp to the time when silcOtt ran away,
and had simply signed their certificates, as they
had reason 10 suppose In compliance with
the law under which their salaries TO be paid.
To say that by signing these certificates they created
the relation OF principal and agent between them
selves and any person whatever is forced and I'M
natural argument which, remarks the committee.
would not stand before any jury any Judge in
the United states Sill more unnatural is it 10
infer that they thus appointed private agent a
person not named in the certificate itself and not
appearing on the face Of the certificate to have any
right to the custody of the certificate after 1T had been
signed by the member. II is far more reasonable to
regard the scrccantat public officer, charged
originally by custom. and afterward by sanction of
the statutes with the duty Of discussing salaries OF
members.
The committee then enters into historical review
OF tho system Of payment, beginning with the first
Congress- and asserting that the mode Of payment
which prevails day is in substance the same which
Tho Of
or seventy years. Many statutes cited, contain
ing less direct references to the discussing
officers Of the Senate and House, to establish the
character of the sergeant arms a discussing
officer.
In conclusion the committee expresses the belief
that Delegates and Members Of Congress are
entitled T. receive the amount Of the salaries allowed
thcm by law. for the period ending December i. lisp
and not yet received 10y them. not" thstanding the
fact mat November - and 80 large sums of
money intended for the payment Of said salaries
we're, 10y the cashier OF the Treasury placed IN the
hands OF {, r. slcot cashier "i tnc Eltc 9cr-eHhl At
Arms. IN his official capacity ana ia the regular course
OF d., Official business ana were W sald S!icou IL
legally appropriated 10 h~ personal use. III" com
mitlcc believe, that the cash lately in the vault Of
The once Of the sergeant al Arms ilcIud, sum De
IN fun the Liabilities oi said oiice account OF such
private deposits. and that said Liabilities ought to be
Mr.. Holman, in his minority report says that he
/, unable & concur n ia" opinion expressed BY the
Majority mat the sergeant al Arms II dlsh.r,lnS
Officer OF the United Statcs. There Is no Act Of Con
gfc-S authorizing MIN Ia receive puulc money LOT
disbursement. or requiring him Ia civ" bond for the
-'fr keep NJ and d -bur~"ucut * iuud' tidt sH?ud
come i.to his hands. After entering NJ length INTO
the history oi the legislation on the subject. MI iiol
man says That hr finds responsibility rests upon the
officers - tine Treasury Department. and that the th1
cmbezllcd the money If the Member and Delegates
ana n" INC fnds Of INC tinted tatscs in The naGfs
Of dl~iuSing officer. Probably the liOusc has noth
u, with The matter Int. II any action be taken
the subject. II does not appear thai any OF tne
fund, placed IN N" custody OF the sergeant AZ Arms
mad" -pccia deposits. nh" money received Nv nm
should Dee rcclried a. common fund ana IN cgu t,o
the fund ought - be- divided pro rata among thc
Member, and Delegates Interested