Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-12
MADE VACANT BY LAW
Customs Collectors to Be Immediatel,
Relieved of Duty
A Legal Point Made-Customs Omcers
and Their BOndsmen Not Responsf-
BILE After Their Terms Expire.

Several leading customs officers, includ-
ing Collector Beard of Boston and Collector
Clark Of Chicago, will be relieved of their
official duties as quickly as possible. 1t is
stated at the Treasury Department that
they will be subject to no legal liability
after the expiration Of their terms. The
term Of Collector Beard expires on Friday
next. and that of Collector Clark has al
ready expired. President Cleveland and
Secretary Carlisle would have been in no
special haste to name their successors but
for the important legal question of their
liability on their bonds which has Just been
raised by the commissioner of customs
The collectors of these and other ports
have recently made application in the reg
ular course of business for an allowance for
salaries and other expenses for the imme-
diate future, but Commissioner Pugh has
refused to grant the requisition. He has
brought the matter to the attention of Sec
retary Carlisle and Assistant Secretary
Hamlin and suggested that on the expira-
tion of the term of collectors, naval officers
and surveyors, they should be at once re-
heved OF their duties, and the office placed
In charge of a deputy. The Secretary ap-
preciated the Importance of the legal point
as soon as 1t was brought to his attention.
and all other appointments will be postponed
for the present for the consideration of
these vacancies, which imperatively need TO
De nlled Tor the protection of the rights and
interests of the government
The Statute.
The statute governing the terms of these
officers is that of May 10, 1890, which has
never been repealed and is embodied in the
Revised Statutes as follows:
Section 26l3. Collectors of the customs.
naval officers and surveyors of the customs
shall be appointed for the term of four
years.
The references in the Revised Statutes in
clude the case of U. s. vs. Eckford's exec
utors, Howard, go, in which the Supreme
Court of the United States declared that
Under the act Of 1870 collectors can only be
appointed for four years. At the end of
this term the office becomes vacant and
must be filled by a new appointment" {"
OtheI decisions of the Supreme Court, of
tne district and circuit courts and opinions
OF the Attorney General are in conformitxy
with this declaration.
II was declared. IN the case Of Preston
ng' Nlng' VINO mad been collector Of customs at
New York, against Charles p. Clinch- ..It
Is also well-established principle that no
oincer is entitled to the emoluments of AN
once Tor any longer period than the period
LOT which he holds the office. and the legis-
lation OF Congress is to this effect" Anoth-
er case, in which Attorney General Will
nafns made a careful examination of the
precedents, and reported to Secretary Rich
aus asuson, unuer oate OF June IL, 1873. was
that of the resignation of Surveyor Cornell.
VINO ceased to perform his duties on Janu-
airy 81, but claimed emoluments until the
date OF the qualification of his successor
follows: is as
The right of an incumbent of any office
established under the government of the
Sni.eu olates 70 continue therein after the
eApafauon OF his term until the appoint
ment or his successor depends upon wheth-
er Congress has thus provided; so thar
where Congress has not authorized the off,
Ger to hold over, his incumbency must he
seemed 10 cease at the end of his term
though no appointment of a successor NAV
then be made.
The Liability of Bond.men.
Other decisions declare that the liability
OF bondsmen terminates with the expiration
of the term of the official for whom the
bond is given. so that the government is
absolutely without protection and without
legal interest in the administration of Of
ficers whose term has expired. The COM
missioner Of customs did not care to as
sumo the personal risk Of granting reouisi-
uons In such cases, and if appointments
cannot be decided upon at once, the deputy
collectors will probably be instructed TO act
secretary Carlisle had long conferences
with the President Friday, at which the act
OF $50 was discussed, and the papers of an
plicants for collectorships Were gone over
II Is expected that a number of important
nominations, perhaps including those for
Chicago and Boston, will be sent to the
Senate today.
1t Is said that the Chicago customs COL
lectorship Will be filled by appointment this
week, and 1t is asserted with more than the
usual degree of confidence that the an
polntment Will fall to Mr.. Jacob w. Rich
ards The matter was fixed, so il is said.
at The conference at the White House Sat
urday; between the President and the big
three OF the Windy City,