Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-12
MAJ. THROCKMORTON'S CASE
His Idea of the Meaning of the Phrase
Active List
The Department., However, Regards
His Pleas as Technical and Will
Hold Him Strictly to Account.

The case of Major Charles B. Throck-
morton, second artillery, now before Secre-
tary Lamont presents some very novel
features. This officer Is under suspension
as the result of trial by court-martial, on
charges of financial irregularities. He swas
sentenced to suspension from rank and duty
for period of three years. This was two
years ago, so that his sentense has but one
year more to run. In view of his enforced
idleness and consequently reduced pay, his
friends endeavored to aid him by securing
him some outside employment of a tempo
rary character that would not conflict with
his position in the army They were very
successful in their search, and were able to
offer Major Throckmorfon the position of
assistant superintendent of street cleaning,
New York city, with a good salary attach
ment. Major Throckmorton was perfectly
willing to undertake the duties of the office
and receive the salary appertainnig therto,
provided he could do so without running
counter to section 1000 of the Revised
Statutes. THIS section Is short and pointed
1t reads as follows: mo officer of the army
on the active list shall hold any civil office.
whether by election appointment, and
every such officer who accepts or exercises
the functions of a civil Office shall thereby
cease to be an officer Of the army, and his
commission shall be thereby vacated"
Defining the Active List.
Some Of his friends tried to persuade
Major Throckmo-ton that the position of as
sistant superintendent of street cleaning is
not an "office'' within the meaning of the
statute, but so far they have been unable
to remove his doubts on that point. He is
said to have discovered a better way out of
the dilemma. 1t is not known where he got
the idea, but 1t undoubtedly originated with
a member Of the legal profession but re-
CARELESS of its source, Major Throckmorton
has apparently adopted it as his own, and
has made 1t the subject of a communication
to the War Department. He discards the
contention that the civil position in New
York city Is not an office but boldly
makes the claim that he can accept the
place without violating section 1222 for the
reason that it applies only to officers on the
active list and that an officer under sus-
pension cannot be considered in that cate
CORY on the ground that he is not permitted
to perform active duty. He says that he
has not accepted the civil place. but would
like to do SO provided the department saw
no improperly in 1t.
1t is not likely that the department will
ever rule on the point raised by Major
Throckmorton, as effort has already
been made in his behalf for it's withdrawal
on the ground that it is hardly worthy of
serious consideration. There are but two
lists in the army known to the lawviz: The
active list and the retired list, and every
officer in the army belongs to one or the
othe- According to one authority at the
War Department, the fact that Major
Throckmorton is under suspension does not
take him off the list of officers on the active
list of the army any more than would his
absence from his post of duty on leave and
he will continue on the active list so long
as he remains in the army until he goes on
the retired list: or, in other words while he
remains in the army he will be either on
the active list or he will be on the retired
list.