Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-10-20
RETIRED ARMY OFFICERS.
Their Eligibility to Hold Civil Office
Opinion by Attorney General Devens.

Their Eligibility to Hold Civil Omce-An
Opinion by Attorney General Devens.
The question of the eligibility to Congress Of
retired army officers. as presented in the case
of Gea. Catlin and Gen. Sickles. nominated by
the democrats in New York for Congress-
appears to be new one and excites
much interest at the War Depart
ment. The legal officers Of the department
sav that the question has never been presented
10 the department in like .orm and consequently
there i no precedent to serve a basis of
opinion
In an opinion given July IL. 1877, Attorney
General Devens held that retired officer of the
army does not vacate his commission by accept
ing civil Office unless il be an Office in the
Diplomatic and consular service.
This decision. Of course. applies to all civil
Offices. including those within the gift of q state
OF municipality, but the general opinion at the
department. l. That in the case Of Representa-
tive IN Congress. the Constitution makes an
army officer, active retired, ineligible, unless
he surrenie-s his commission.
GEN. RosEcRASs' OPINION
Gen. Rosecrans ought 20 know something
about the legal status Of army officers who are
on the retired list. Gen. Rosecrans is one of
them. and he is also register of the United
States treasury. He Told STAR re-
porter that Gen. Sickles any other general
WHO i on Tue retired list anu VINO sets up the
claim that he is not an officer of the United
States Is very far from correct In his conclu-
siOns.
The constitutional provision on which the
controversy hinges" said Gov. Rosecrans. lis
very plain. In section 6, article !. it is stated
that no person holding any Office under the
United states shall be a member of either house
during his continuance in Office Now Gen.
sickle- claims that he does not hold off ce; that
he simply holds rank and draws a salary. Let
u what the law saws about that. Section
1856 Of the Revised Statutes saws: "Oficers re-
tired from active ssryice shall be entitled to wear
the uniform of the rank on which they may be
retired. They shall continue 10 be borne
on the army register, and shall be
subject to the rules and articles Of war and to
TRIALS by general court-martial by any breach
thereof Would the law provide for trial by
court martial OF any one not an officer Of the
I United States?'
Which means tina. Gen. Rosecrans is satisfied
that Gen sickles cannot be a member Of Con-
rress and remain on the retired list Of the
Army.
! IL will be observed that in Gen. Roeecrans'
view the prohibition respecting retired army
| officers extends only to seats IN Congress. Gen.
Rosecrsns does not think place ON the retired
list dis4ualites person from holding other
| civil O.ice.
He said to the reporter that the United States
| Supreme Court had recently decided that the
| retired pay was IN the nature of a pension and
that retired officers Of the army were not SUBJ
/ jeet 20 orders from the President unless they
expressly volunteered for service
ANOTHER AND DIFFERENT VIEW.
Some experts in constitutional law here be-
lieve that Gen. Catlin made mistake in de-
Ginning the nomination for Congress on the
democratic ticket in the third district