The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-25

R-, sesous Cs-ptrener Ss-s-r says ne
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Bet sesous Cs-ptrsiier Nsssur ssys NE
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WASHINGTON. Feb 2A-Ths Secretary Of
War to-day received from Second Comptroller
Mansur decision in the case OF Gen. Bickles.
which, while setting forth strong constitu-
honal Arguments against the qualifications OF
. retired army ofiieer TO enter Congress. hnds
that Gen. sickles cannot be Invested OF bis re-
tired par, amounting 10 f5.625 annually. ana
that he continues to hold his military once.
In this conclusion. however. the Comptroller
shows himself TO be clearly Of the opinion
that Gen. sicKles was Ineligible to election as
a m ember Of Congress. and was not qualified
TO take the oath Of Office, and this will tend to
prevent retired officers In future from enter
ing Congress. The document IL composed OF
thirty-nine closely typswrlttsn pages. and 10
said to be ono OF the most voluminous dect-
slons prepared By Treasury offcisls in years
On July ]. 1863. Col Daniel E Sickles. at the
time holding the once Of Maior-Gsneral OF
Volunteers. lost his right leg at Gettysburg.
He was subsequently placed on the retired list
By President Grant. with the highest possible
rank. In November. 1892. he was elected to
Congress from the Tenth New York district
taking his seat on Aug z. 1893. and has since
that time received the salary and allowances
OF member OF the House OF Representatives
In June last year the Paymastsr- General Of the
army, fearing that II he continued to make
payments to Gen. Sickles on account OF his
be thrown out bv tho auditing officers OF the
Treasury. raised the question as to whether
an 9csT o. the Sr tst re hi. ran. si,er se
has been elected member OF Congress: Gen.
sickles propounded a broader question for
held two ofilcea under the United states
Comptroller Mansur quoted the sections OF
ahall be the Judge oil the aincations OF its own
members. and that no person holding any Of
Der OF eIther House He points out that there
is nothing in the Contribution inhioiting
person from holding two ofIce Sy at n one time
prior to his election and qualification as u
member OF Congress- On the contrary IT is
thereby absolutely disqualified and Inhibited
from becoming n member OF either branch
he were holding another office. Was not quail
fed to enter Congress under the Constitution.
the HG 81, S1Rs Sas
compelled to Judge his aualincations before
o of% v'I ths dssiaion q ccnsTe:s 10 :Seh
10 poweriess to 60 be hlnd It..
As the ,eertihcates Issued to Gen. sickles
ference from any officer OF the Govern emit.
the Second Comptroller declares that he is ab.
sn ash
Congress. The proposition submitted By the
Paymsster-G General as to whether or not q re-
tired army officer is to be denied his salary
when elected to Congress Is Therefore decided
in the negative. The Com ptroller, however.
holds that Gen. sickles does mold military
Office and asserts that II the question OF In
eompatibility we're an open one and he were IL
be compelled to vote In that body that Gen.
sickles could not hold his seat without resign
ing his military off!ce.
after. announcing these opinions, which are
10 the relatively immaterial point that the
General does hold military ofice the Comp
troller ends the voluminous document with
those words:
In conclusion. 1 sum up the status OF re-
tired army officer to be as follows, to Wit: He
may hold any civil ONCE under the Govern
ment save and except those OF N Senator or
mem Der Of the House of Representatives.
which, by the Constitution. are Inhibited to
him, or TO any offieer. civil or military. under
a retired officer and also, draw the salary or
compensation OF any civil ONCE or employ
ment he may hold under the Government: as
suminr always that the duties Of the civil
once are performed under and BIZ virtue OF
commission appointing him to the ONCE which
he hold. In addition to his rank 40 retired
officer"