New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-25
GENERAL SICKLESS CASE.
.,r c,vvOT BE DIVESTED OF HIS PAY
AS RETIRED ARMY OFFICER

TIT tfor-sE HAVING ADMITTED THE GEN
rRA1 TO MEMBERSHIP VIRTUALLY
rorND THAT HE HELD no OTHER
orFICE-BUT. IN GENERAL.
RETIRED OFFICER IS
INELIGIBLE To
CONGRESS.
Washington Feb 24-The Secretary of War
to-day received from Second Controller Mansur
a decision in the case of General Sickes which.
Will. setting forth "A strong constitutional argu-
r,ent against the qualifications of retired
Army officer to enter Congress finds that Cen
oral Sickles cannot he Invested Of his retired pay,
amounting to $751; annually. and that he con-
t,nues 10 hold his military office However. in
this conclusion. uphclding the Constitution the
Controller shows himself to be clearly of the
opinion that General Sicklcs was ineligible to
an election as a member Of Congress. and was
moi qualified to take the oath Of office. and this
will tend 10 prevent retired officers in future
from entering Congress.
The document is composed of thirty nine closely
tvpewIitton pages. and is said to be one Of the
most volumnous decisions prepared by Treasury
officials in years.
on July I 1868. Colonel Daniel e. Sickles. at
the time holding the office of Encouragement of
volunteers lost his right leg at Gettysburg. He
President Grant. with the highest possible rank,
In November, 1892 he elected to Congress
from the Xth New-York District. taking his seat
August Z. 1898. and has since that time received
the salary and allowances of member OF the
House Of Representatives.
In June last year The Paymaster-General Of
the Army, fearing that If he continued 10 make
payments on account Of his position on the re-
tired list to General Sickles his accounts might
be thrown out by the auditing officers OF the
Treasury, raised the question as to whether an
Office Of the Army, retired list. Is 10 DE denied
the salary appropriate to his rank because ne
had been elected a member of Congress Gem
eral Sicllles propounded a broader question for
consideration. asking whether or not he really
held two Offices under the United states. 49,
Controller Mansur quotes the sections or the
Constitution providing that each house shall be
the judge of the qualifications of its own mem
bers ana that no person holding any ono unhe
the United States shall be a MEMBER OF either
house he points that nothing is said In the
Constitution of inhibiting a person from hoidlhg
two Offices at one time. nor of the vacation OF
any office held by any person prior to his cleo
ton and qualification as a member or congress.
On the contrary. it is held that the inhlpil1h Is
against any person that holds any office. who is
thereby absolutely disqualified and innlDited
from becoming a member Of either branch or
Congress- that IT, that SieheraI Hlck'es, i,e nS
were holding another Office was not quaiil''u
20 enter Congress. under the Constitution
However the House being constitutionaily the
sole judge Of its members. was necessarily com
peled to judge his qualifications before he TOOK
he required Constitutional oath Of office, and by
their determination in admitting him. virtually
found that he did not hold any office AS me
decision of Congress in such matter IS supreme
and final She Controller is powerless TO go Dehlnd
81 As thcS certificates issued TO General sexes
entitled hsn TO draw his salary without inter-
ference from any officer of the Government tne
Second Controller declares he Is spsolutey Pr p
cluded from any consideration OF Genera ".o-
kles's right to his pay member OF Congress.
The proposition submitted by the Paymaster-
General as 70 whether or not retired Army
offcer is 10 be denied mis- salary when elected 10
Congress is therefore decided in the negauve.
The Controller however holds that General
Sck,cs does hold a military office. ana asserts
n the question Of incOmpatibility were an open
one and he were in Congress with the question
nending he should be compelled 10 vote in mat
bedv that General sickles could not hold his seat
without resigning his military ONCE. ,o, r,
After announcing these opinions si VIII onv
IN the relatively immateria point that the zen
eral does not hold a military ONCE, me Con
troler ends the vouminous document WIFI THESE
words
AM ocer TO- be as Follows to Wit He may hold
any civil office under the Goyrnment say s a House
OF REPRESENTATIVES which. by the Constitution are
n nder the 70 tnae4 states that he draw his
pay retired officer and also draw the saary b pe
NAV hold under the Government assuming always
,naI ' and bv virtue of commission appointing
him 10 that Office. which he holds in addition to
his rank retired officer
All the published reports OF the proceedings OF
the House of Representatives. on Friday say tna n
Congressman Cummings declared that his colleague
General sces was too III to attend aer tne sces
looking ruddier than cherry, az martial. inpoSihs
warike robust, vigorous and healthy as ne has
looked al any time years. stumped maJestlcaly
down the aisle Of the Metropolitan Opera House
on his cruiches and took conspicuous opsteg pr
Torrance OF Faust" and appeared to be In the
proves His appearance did not to indicate
any traces OF the sickness TO which Congressman
S GENERAL sickles is extremely fond Of attending
operac and theatrical but a he the
main aisle in stately manner 70 very prominent
a h bHn an TSr o oonsa rdness Of his is not
due any press of business cares He Is weal;h ny
sessions Of Congress. is chiefly one OF leisure But
he draws upon himself as he moves in his digInl-
Ned and solemn progress down the aisle ~ Is ms
survey the whole house With the keene,t but most
House on ay n a he
cup of his m Sok sfed to IL ike s
as any person in the house.
5 s o "RpGsS TO be In rSe9ss h wheh
he said TO Tr6Gne reporter 81 am %e 70 enough say
washington for a change of air. me air at the
capital gives me pain in the had ro and con-
,inued II had such headache that was nearly
BIND Ny physician advised me to get a chang hang
people say that there is malaria in the air at the
%sn but ssss cal nj. p gscoyrv was 50 rooa as to
permit him to attend the performance at the Met
rOpo!tan Opera House without danger Friday
Evening he smiled and said: "Oh yes; / was all
~ M, as soon as got away from the noxious air
Vi tne capital"
usheral Sickes did appear to think there
r,o,,s oanger that assistant sergeant alarms
w." @ be searching for him THAT IS ali gam
bon, ne said II started that trouble In the House
bs Ss wanted 70 prevent Mr. Bland from getting
an s ohVer bill passed WashiDgtOn's Birthday l
ON an OPPOSED TO mis- bill. SO long as there is NOT
ssWyrum the bill cannot pass"
no No omcal Information Of the decision that he
M draw his pay Congressman and also his
Il. fEe flTe1
hheasned General SicAes. but he said II have no
mat the report is correct. raised the ques-
sn Ill 81 pay because ! wished 10 relieve from re-
t,pynhsiohty the dsbursing officer the Second Con-
sn vnei OF the Treasury. Really, there never was
~ uolM OF Il. The only amesti0n was regarding