The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-02-25
Decision That Enables the General to
Receive Pay Both as Congressman and
Retired Officer of the Army
FILIBUSTERS STILL ON TOP
Mr.. Bland Remains the Under Dog
i'm the Fight i'm the House.
He Came Within Two Votes of Securing
Quorum Yesterday, but Was Fin
ally Forced to Surrender to Reed.

WASHINGTON, Feb. 24-second Con-
troler Mansur, of the Treasury Depart
ment. to-day decided the case of Gen. Dan
iel f. Sickles. the question being his right
TO draw salary both as a member of Con-
gress and retired officer. The effect of
the decision is that Congress, by swearing
in General Sickles, when it knew by COM
mon report that he was an army officer
on the retired list, has decided that he can
be member of Congress at the same
time that he Is retired army officer,
and hence he can draw two salaries.
Controller Mansur reviews the facts as
to General Sickless election as Repre-
sentative in Congress from the State of
New York and to his having taken the
prescribed oath as such on Aug 10, 1893,
and says that the question of who shall
hold seat in Congress is one peculiar to
Congress which, under the Constitution. is
the sole judge of the qualifications of its
members. The opinion then quotes the con-
stitutional provisions prohibiting any per-
son holding any Office under the United
States being a member of Congress Con-
tinuing, Controller Mansur says:
1.-The question of who shall hold seat in
Congress Is one peculiar to Congress, ana
II ia provided, as above cited, that eacn
house shall be the judge of the election re-
turns and 1uaiicatl9ns OF of fts tho e" indre of
any court, not the President, nor any OIL
cial of the land outside of the conlolnt ac-
the member may be elected. General
Sickles was not an obscure man when
elected to Congress. on Aug & 1888, ctins, tne
through it's Speaker. took from General
SIckIes the required constitutional oath or
Office and he entered upon the dlscharge M oi
Ia. Congress,
has continued to act ever since. In DONG
this the House was necessarily compelled,
under it's constitutional duty as the Judge OF
the qualifications of it's own members, TO
pass upon the fact as TO whetner or not
General Sickles, by virtue OF being on ,1 tne
retired list, was holding any office under
the United States. and by their determina-
ton found that he did not. This was a
question wholly and solely within this Jurls-
This leads the Controller up to the state.
ment that Congress, by its swearing In Oh
General Sckles, decided that whatever the
place, the position or rank held by Major
GENERAL Sickles upon the retired list of the
army might be. still, 1t was not, in the Ian.
guage of the Constitution, any Office that
could or did inhbit him from becoming a
member of the House of REPRESENTATIVES,
I must, therefore" he ADDS, hold that the
seating General Sickles as a member there
of with or without objection, is adjudica-
tion by that body that General Siekies 1nits does
States that the action Of the House oi
REPRESENTATIVES binds every department and
officer of the government so far as this one
case and the one question under consldera'
tion Is concerned. The exclusive
jurisdiction vested by the Consti
tuition of the United States in the
House of Representatives gave 1t the sole
mower to hear and determine the qualif1ca-
lions of Major General Sickles for seat
I'm that body. and the action of the House
i'm seating Major General Sickles was an
adjudication by competent authority and
the only authority in this case under the
Constitution that the place, position, or
rank call It whatever you will, held by
Major General Sickles upon the army list
was not an office and did not qualify him to
sit as a member of Congress. 1t follows
from this that the proposition submitted by
the Paymaster-general for my decision, to-
wit: Whether or not an officer OF the
army, retired list, is to he denied the sal
ary appropriate to his rank because he
has been elected member of the House OF
Representatives must be decided negative
'In conclusion. L sum up the status of a
retired army officer to be as follows: He
may hold any civil office under the govern
ment save and except those of a Senator OF
member Of the House Of Representatives
which, by the Constitution. are inhibited
to him or to any officer, civil or military
under the United States; that he can draw
his pay as a retired officer and also draw
the salary as compensation of any civi
Office or employment he may hold under
the government, assuming always that the
duties of the civil office are performed under
and by virtue of a commission appointing
him TO that office which he holds in addi-
ton to his rank as a retired officer"