Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-13

sence to officers of the army to enable them
to temporarily engage in private business.
He Is in full accord with Secretary Her.
bert on this question, and believes that
it is not compatible for an officer to serve
the government and private firm doing bust
ness with it, at the same time. In his opinion,
an officer who prefers outside EN- sloyment be-
cause il paws better for the time being should
sever his connection With the army before
engaging in it instead of attempting it, without
risking his commission. by means of leave OF
absence.
THE GOVERNMENT AS CONVENIENCE.
1t is easy to see why officers prefer the latter
system. 1t enables them to see the practical
possibilities OF the outside ventures without
risk to the future, and they do not have TO re-
hnauish their life tenure with the government,
which they would do if they resigned in the
first instance.
The system. as it has been practiced. is an
experiment in which the government is used
only as convenience An officer gets leave OF
absence to take n job outside. III it is D success
and promises him a steady income for the
future he throws up his commission in the
army; but If 1t is only temporary. with no pros
poets. he return at the end of his leave with
out loss of standing or prestige.
NOT so MANY CASES As IN THE NAVY.
While there are some cases of this kind in
the army they are not nearly SO numerous or
fragrant as those in the navy. This Is because the
law specifically prohibits such action on the
part of an army officer. The question
is an old and offers many pre-
cedents. The most notable are the cases
Of Gen. Meade and Gen. Weitzel The
former was denied permission to act as super
intendent of parks at Philadelphia. and the lat
ter to act as receiver of Cincinnati railroad
company, on the ground that their acceptance
OF these positions was equivalent to a surrender
OF their army commissions.
THE ATTORNEY GENERALS OPINION.
Attorney General Miller gave an opinion in
July, 1890, on the question Of the employment
Of army officers on civil works, which is now
accepted at the department as the proper ex-
position of the law on the subject 1t was rem
dered in the case Of Capt George W. Davis,
fourteenth infantry. who asked for a years
leave of absence without stating the purpose
for which it requested, but its
basis, as orally made known, was
of the Nicaragua Canal Company. In his opin-
ion to the Secretary of War the Attorney Gen
eral says: with reference to Capt. Davis, the
request is for a wears leave of absence, the
quest for leave not naming the purpose but
you state, fact that it is for the purpose of
taking employment during that time with the
Nicaragua Canal Company. You also state
that the practice has prevailed in this
WAR Department to permit officers on leave
to engage in the employment Of private partie
and corporations. in the view that their separa-
ton from their regiment or corps flowed from
their leaves and not from the nature of their
employment after their leave has been granted.
IF, in the exercise Of the discretion vested in
the proper authorities OF the War Department,
a leave OF absence is granted upon satisfactory
cause shown and for military reasons, and the
officer to whom the leave is granted, during the
term OF such leave. engages in any Of the en-
ployments spoken Of in section 1924. that Sec
ton is not violated: but it, stated in this
case, the leave is asked for the very pur-
pose of enabling the officer to undertake
the employments prohibited in that sec
ton, then a granting Of such leave is a clear
evasion of the statute: an attempt to do by in
direction what tho law forbids to be done di-
rectly. and Is unwarranted."
Section 1924, Revised Statutes, referred to in
the above opinion. ia follows: ''No officer Of
the army shall be employed on civil works or
internal improvements, or be allowed to en-
gage in the service OF any Incorporated COM
pany or be employed as acting paymaster or
dIsbursing agent Of the Interior Department.
if such extra employment requires that he shall
be separated from his company. regiment or
corps, If it shall otherwise interfere with the
performance OF the military duties proper"
Section 222 of the Revised Statutes. which also
bears on this question. is follows: mo officer
of the army on the active live shall hold any
civil office whether by election or appointment,
and every such officer who accepts or exercises
the functions Of civil Office shall thereby cease
to be an officer of the army and his commission
shall be thereby vacated"
CASE IN POINT.
Notwithstanding these exploits laws there
are several officers OF the army now on leave Of
absence who are enjoying the fruits of private
employment. For some unexplained reason
:he department however, will not divulge the
names of the offenders. One case that will
naturally recur to the citizens Of the District is
that of Capt. VIM T. Rossell Of the engineer
cnrns uhn has inaf heen raliarad hr Can't