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 Oflcrr Appointed,
but His Salary Is Stopped.

There is a very serious difference ~
opinion existing between the chief OH
Gals OF the custOm-IiOuse Of this port
and the heads Of the Treasury Depart
inent at Washington.
1t Is all over Naval officer Theodore
b. Willis. whose salary has been uncere-
moniously ordered stopped. Mr.. willis
insists. however, In holding his position
until his successor IL appointed.
Prior to 1920 naval officers of any port
held office indefinitely. On May Is in
that year the four-ycar-,erm was made
IA law, section 2,Gl3 OF the act relating
particularly to the naval officers.
The first question, as to whether such
an official. OF. in fact. any Government
oficial other than those affected by spe-
clal law. could hold over In Office after
his term hal expired. arose II 1897. Ben
jamm +. Butler. then Attorney-General.
decided that for tn sake Of public con-
v"niencr, 1t was proper to allow such an
official in office until the appointment of
MS successor.
IN 1870, however, when Samuel Swart-
won't, then Collector of the Port, became
"a d"faut"r for a large amount of money,
lhe supreme Court Of the United States
decided. and the decision is printed In
volume /. page $50 of Towards Reports,
that Swartwout's %bondsnen could not
he held responsible for any dcfalcation
Mhlch occurred after the expiration Of
his four years term.
II turlei out that much OF the money
nhi Dern misappropriate1 while Swart-
,w1nt vas holding over. in office. In
Cornelrs term expired, he held over for
slN weeks until George A.. sharpe was
sworn Ia TO succeed him. Meantime Mr..
.ornrIl was elected to the Assembly.
minous opinion decided hat Mr.. Cornell
couii not claim pay for'the SIX weeks In
The four years term applies to collec-
tors Of ports. naval officers. surveyors
OF ports. Observation-Disclosures anl mar
sna,s. sprclal law governs pos
masters. 'ollectors Of internal revenue
ana pension agents.
About the middle OF Last December
Mr Wlllis's resignation was asked for
by President Cleveland. and was iinmc-
Of acceptance forms the ground ON
which AIR. Willis viii continue 10 act
as NLva officer and demand his salary:
w,. Tr",aury department.
SIR ny direction ot the President. your rosisna-
ION as Naval ohircr u Customs for The port NJ
New YORK. ns rendered In your letter Of the 18th
inst, /" hereby accented To take eject upon
the appointment aud qualification NJ your success
for' Respectfully yours. J. q. CARLISLE,
Secretary.
No successor has been appointed. and
while ~" counsel 10 the local customs
1ephrtniert thinks the Treasury depart
meni IN ITS interpretation of the four
hat the condition Implied In the letter
Of acceptance Ii tantainount to A rcap-
%polntment. In other words. the rrsigna-
ll1il Was accepted conlitLonally, but the
condition has never been fulfilled.
Another peculiar phase of the "a sa
turned up to-day. Mr.. Wills has drawn
~ salary for January and February.
which is, made on the first day OF the
month. has been ordered stopped. IL
,urns out now that tine acquisitions for
January and February for MIR. WIlIs's
saii"y have been disnilowcd. The Ii"s,
tlnh was asked yesterday am >ng several
Of the officials md law advisers. viii
Collector kilbreth have to stand the loss
All officials II the custom-lIousr seem
to think that MIR. Willis has been treated
very shahhily. lie was told to keep at
and without even receiving personal
notification from the Treasury Depart
mrnt his salary Is ordered stopped at
the Collectors office, while the pay
roll OF Mr.. Wlllis'S subOrdinuteS is APP
proved.
Another muddle which may cause trou-
bic arises here. IL W. Gourlsy is Special
thirty years past, lie has been re-
appointed by each succeeding Naval
Omcer. The counsel referred To above
stated that If MIR. willis had been
Illegally holding his position since Jan.
I. when his term eXpirei, then Mr..
Gpurl"y'S position was also Invalid, and
all III. business transacted and paners
signed by him were illegally executed.
The position carries with 1t no salIr",
being mrielv thu creation ~ the Naval
officer from some other position for
which salary is being paid.
Both MIR. Wills and Mr.. GGurley viii
hold on to their desks while the war
goes on or until some one discovers that
some clerk ~ the Department ut Wash
ington has mad an error.