New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-29
SURVEYOR LYONS STAND.
HE REFUSES TO GIVE INFORMATION TO THE
FAIRCHILD INVESTIGATING COMMISSION.

FAIRCHILD INVESTIGATING CoMMlSsloN.
~ prpry TO SECRETARY CARLIsLEs ORDER.
HE SAYS THAT THE BODY HAS NO LEGAL
rx1srENoE-HE QUOTES THE STATUTES
IN SUPPORT OF HIS POSITION.
A.,er Grover Cleveland was elected President,
ana Of the first decisions which he and his ad-
v;sor. reached was that places must be found
,.r some of the "Ant-Snapper" Democrats In
This state without violating the civil service
,r.t.nsions 1t was then determined that the
best thing TO do was to get up some sort of an
investigation into the customs service at TINS
port and to bring in a onc-slded report upon
which the Secretary of the Treasury could make
all the vacancies that political pressure requircd
Thereupon Mr. Cleveland looked around for men
who were willing to conduct such an lnvestlga-
tion. He found them quickly in Charles s.
Fairchild. his former Secretary of the Treasury ;
Daniel Magone. formerly Collector of the Port
of New-York Wallace Macfarlane, previously
unheard-of lawyer, and PoindeXter Dunh' Oh
Arkansas. They were appointed by Secretary
Carlisle MIR. Fairchild hesitated Tor time be-
fore accepting the position because he did not
consider the appointment at all commensurate
with the amount of work that he had done to
This commission finally went to work and sent
far witnessed and examined them as if il had full
mower 10 do So George w. Lyon, the Surveyor
of the Port is the first of the Government
officials TO bring ont the fact that this commission
has no legal existence. Mr.. Lyon shows con-
clusivey that the commission is "a nameless and
powerless enc.
About ten days ago Mr.. Lyon received letter
signed by Charles S. Fairchild, the chairman OF
the commission, telling him to give certain infor-
nation regarding the appointment, qualifications,
names. etc, of the men in his division. 10 this
letter Surveyor Lyon replied that he had re-
oeived no official information Of the appointment
or existence of any commission TO investigate MS
department, and as Government official sworn
to prsteot the Governments interests he could
not give the facts demanded.
It il supposed that the members Of the COM
mission communicated Immediately with Secre-
tary Carlisle, told him of the refusal and asked
him "a order Mr. Lyon to give the desired in
formation Approaching the weakness of their
positton they could do nothing else. A letter
in reply from the Secretary of the Treasury was
receiyed by Surveyor Lyon yesterday BY IL
the Surveyor is directed TO turn over to TINS
commission the information desired Mr. Lyon
had made close study Of the law and he im-
mediately sent letter TO the Secretary refusing
to obey that order and giving his grounds Tor
90 doing His reasons were that the commission
had no legal existence and that under no con-
struction of the statutes could il call upon any
prominent official to give testimony on any SUD
;ect whatsoever Surveyor LYON appealed TO the
United States Revised Statute. first quoting the
section under which the members o. the COM
mission say they have power TO act. IL Is
section No. 1873 and is as follows:
~ The damn ments W.
fully detailed TO investigate frauds or attempts TO de-
fraud on the Government, or any irreguariy or mis-.
conduct Of any agent OF the United States shall
have authority administer an oath to any witness at
tending to testify depose In the course OF sucn IN
vcsugaron.
Mr.. Lyon admits that any officer or clerk
Of any of the departments" has power TO investigate
hut these officers or clerks must be Government
officials In support of his view that this com
mission is not composed of Government officers
Mr. Lyon quoted In hiA letter number OF statutes
The first TO which he referred describes the classes
into which the employees in the departments are
divided The sections quoted are as follows
Section 1OS The clerks in the departments sh'l b.
arranged In four clases, dl'theushcd as Se nS' son
third and fourth classes.
Sec 1Gi. No clerk shall be appointed In any depart
ent in either OF clTsses above designated until
he has beea examined and found qualified by board OF
three examiners consist Of the chief Of The bureau
or office into such clerk is to be appointed an'
two o.her clerks selected by the head OF The department
Sec 1o7 The annual salaries Of clerks and employees III
the Department, whose compensation not Otherwise PIE
scribed shall be as follows:
t,rst-To clerks OF the fourth class 81 500.
Second-To clerks OF the third class ST.
Thrd-To clerks Of the second class, $l4oo.
Fourth-To clerks OF the hrst class, Sl?oo.
Fifth-To the employed In duties OF ci'r'ca
character subordinate those consigned TO clerks e
6,,s class including copysts and counters or temporarily
empoyed TO perform the duties Of a clerk, 5000
Sixth-To messengers. Ss4o
Scventh-To assistant csscngers s'-o'
Eighth-To laborers, $40
Ninth-To wetchmcn, s72O
Sec 100. Each head of department Is authorize
70 employ his department such number OF CLERKS o
Tie severn, classes recognized BY law, and such nesse
os assistant messengers copyis,s. wathmen. laborer
and other employees. and at such rates OF compHnao'
respectively as may be appropriated Tor by 0ohgies
from year 70 year. ,, 49,
Sec l7o No money shall be paid to any clerk on
Moved IN either department annual salary a
compn.aon for oXta services unless eNp'e's au'hO'
tied by law.
section III no extra clerk shall be employed IN aN
department bureau once at tn scat oil "o'erhne
exfept during the session OF Congress. o whch ino's
pensasly necessary answering some cal made S c'
House OF Congress at one session u DC a'N" ~" :"
another: nor then except by order OF the hcau o' u"
depart in which, or Ia some bureau OF o"'" "
which such extra clerk shall be employed. ALd h'
extra employed in either Of the DEL afmeht> 'n
compensation except for time ac'uaiS anu nc -
safly employed, nor any greater co"lc"'""'' ~ -
day copying, or 81 day Tor any othef Ser'i0t'
Sec l72. No messenger assistant messenger. isoorcs
nor other subordinate assistant shall be employed III any
Department oice at the scat on government
iad out fund appropriated 10 sueh DC
Hureau Or office unless employment Is au
thorized 70 carry INTO enec, 'oh
object for which appropriation has been 'pccihcal
made. -
sec. 7G0 No money shall be paid from inc treasury
any person acting assuming act AZ an ohicer c'li
military naval salary. in any office when The once
no, authorized by prcyiouiy existing law, nnlcs
snch ence IL subsequently sanctioned by law
ss. 3G7s. All Appropriated Ter the Naiiou
honcbes of expenditure ia public service hal be op
pcd solely To objects which they are rcpcctve
made, and other.
Sec 3,6Sl. No accounting disbursng oniccr oi I'M
Government shall allow or pay any account or charg
xh,t~yer eroying out Of or in any WAY connected with
my commission or inquiry, courts martial Q