The evening world., 1894-03-13
NO PAY, BUT He WILL STICK.
Willis Told to Hold Office Until
His Successor Is Named.
No New Naval Officer Appointed,
but His SALARY Is stopped.

There is II very serious difference ~
opinion existing between the chicr OH.
clals OF the Custom-lionsc of this port
and the heads of Tho Treasury Depart
ment at Washington.
1t IL all over Naval Officer Theodore
b. Wills, whose salary has been unorre-
moniously ordered stopped. Mr.. Wills
Insists, however, in holding his position
until his successor Is appointed.
Prior to 1920 naval officers of any port
heiu office indefinitely. ON May IL III
that year the four-year-term was made
IL law. section 2,6l3 Of the act relating
particularly to the ava officers.
The first question, as 10 whether such
an official, or, In fact, any Government
official other than those affected by spe-
cinl law, could hold over in office after
his term had expired. arose II 1897. Ben
iarnn f. Butler, then Attorney General,
decided that for the sake of public con-
Ven.cnce, 1t was proper to allow such an
official In office until the appointment OF
his successor.
In 1870, however, when Samuel Swart.
won't, then Collector Of the Port, became
a defau;ter for a large amount of money,
the supreme Court, OF the United States
ieE,ded' and the decision Is printed In
volume J., page $50 Of Towards Reports,
mat Swartwout's bondsrcn could not
DC held responsible for any defalcation
which occurred after the expiration OF
MS fJur years term.
1t turned out thai, much OF the money
mad been m.sappropriated while Swart-
won't was holding over In office. In
lst5, when surveyor OF the Port A. h.
cornelIs term expired. he held over for
SIX weeks until George A. Sharpe was
sworn In to succeed him. Meantime Mr..
Cornell was elected to the Assembly.
Acknowledgment Williams in a volu,
could not claim pay for the six weeks In
The four years term applies to collec-
tors OF ports, naval officers. surveyors
or ports, district-attorneys and mar
sha's. A special law governs post
collectors OF internal revenue
anu pension agents.
About the middle of last December
by President Cleveland, and was imme-
forwarded. The following letter
OF acceptance forms the ground on
as Naval Officer n demand his salary:
Treasury Department,
Washington, u. e.. Dec. ~. 1893.
SIR; ny direction OF the President your resigna-
ton as Naval ofncer Of Customs for the Port Of
New York, as rendered In your letter OF the 18th
inst. Is hereby accepted to take effect upon
.he appointment and qualification Of your success
~ 'AnLlSIE,
No successor has been appointed, and
While the counsel to the local customs
iepartmert thinks the Treasury Depart
year law Is correct, still he also thinks
hat the condition Implied in the letter
acceptance Ia tantamount to a reap
In other words, the r~eslgna-
tlon was accepted condltlonally, but the
condition has never been fulfilled.
Another peculiar phase OF the case
up to-day; Mr.. Willis has drawn
HI ' saiiSy fS for 'Msn a y = rna E%Gbrna fSr
which Is made on the first day OF the
month. has been ordered stopped. Ii
turns out now that the requisitlons for
salary have been dlsallowed. The Ques-
tion was asked yesterday among several
OF the officials and law advisers, will
Collector kilbreth have to stand the loss
All officials In the Custom-House seem
to think that Mr.. Willis has been treated
very shabbily. He was told to Keep at
and without even receiving personal
notification from the Treasury Depart
ment his salary Is ordered stopped at
the Collectors office. while the pay
roll OF Mr.. Willis's subordinates Is APP
-. Another muddle which may cause trou-
BILE arises here. II; w. Gour!ey Is Special
49," ',"'' p"S' i' hhs pt'u IT,
appointed by each succeeding Naval
Officer. The counsel referred to above
stated that II MIR. Willis had been
Illegally holding his position since Jan.
!. when his term expired, then Mr..
Gourley's position was also invalid, and
all the business transacted and papers
signed by, him were Illegally executed,
The position carries with 1t no salary,
being merely the creation OF the Naval
Officer from some other position for
which salary Is being paid.
Both MIR. Willis and Mr.. Gourley Will
hold on to their desks while the war
goes on or until some one discovers that
clerk in the Department at Wash
lngton has made an error.