St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-25
CAN DRAW TWO SALARIES.
GEN. OAN SICKlE S, AS A MEMBER or
CONGRESS-
ALSO RETIR ED oFFICER,

Can Put Both Hands Into Uncle
Sans Cash Box - Treasury
Comptroller Mansur Decides
an Important Case-1he Old
Warrior Now Has n Good ]
Graft.
WASHINGTON. Feb.24-Second Comp
troller Mansur, of the treasury DEPART
ment, today decided the case of Gen. D.
E. Stickles, the question being his rigat-
to draw salary both as a member OF con-
grcss II a retired officer. After q lorrga
opinion, tho comptroller says: "In
conclusions, l sum up the statuss
of a retired aruiry officer to be
as follows, to-wit: He may hold
under any civil Office under the govern
ment save and except those of a senator
or member of the house of representa-
tives, which by the constitution are
inhibited to him, or to IL officer, civil
or military. under the United States:
that he can draw his pay as a re-
tired officer, II also draw the sal
airy or compensation of any civil office
government; assuming always that the
duties of the civil office are performed
under and by virtue of a CON-
mission appointing him to that
office, which he holds in addition
to his rank as a retired officer"
The effect of the decision is that on
gress. by swearing in Gen. Sickles,
wnen it knew by the common report
that he was an army officer OH the re-
tired list, has decided that he can be ii
member of congress at the same time
that he Is a retired army officer, and
hence he can draw two salaries. Comp
troller MaUsur reviews the facts as to
GEN. SICKLES' ELECTION
as a representative in congress from the
state OF New York, and as to his having
taken the prescribed oath as such on
Aug. Is, 1898, and says that the question
of whO shall hold a seal in congress
is Il peculiar to congress-. which.
under the constitution, is the sole
Judge of the qualifications of its mem
bers. The opinion then quotes the con-
stltutional provision, prohibiting any
person holding any office under the
United States being a member of COLI
greSs.
Continuing, Comptroller Mansur says:
The contention of who shall hold a seat
III congress is one peculiar to congress,
and it is provided as above cited, that
each house shall be the judge of election
returns and qualifications of its own
members. not the comptroller. nor the
Judge of any court, not the president
nor any official Of the land, outside of
the cOnJoint action of the members of
the house, TO which the member be
elected. Gen. Sickles was not an Oh
seure man when elected to con-
greSS. On Aug. Z. 1898. the house
III its organized capacity, act
ing through its speaker, TOOK from Gen.
SlckleS the required constitutional oath
OF office, and he entered upon the dis
charge of his duties as a member
of congress-, and has continued to
act eyer since. This was a queS-
tian wholly and solely within their
jurisdiction to determine. This leads
the comptroller up TO the statement that
congress, by its swearing iii OF Gen.
SickleeS, decided that whatever the
place, the position. or the rank held by
Maj. Gen. Sickles upon !
II RETIRED LISTS
of the army might be, still it was not,
in the language of the constitution, any
Office that could inhibit him from be-
coming a member OF the house OF repre-
sentatives. 1t must, therefore, he adds.
"hold that the action OF the house
OF representatives in seating Gen.
SickleS as a member thereof, with or
| WIfhnIf nh1pRfinn IC 9dJnhioatinn Inv
that body that Gen. Sickles does not
hold amy Office under the United
States,' that the action of the
house of representatives binds every
department and officer of the govern
Inent SO far as this one case and the one
question under consideration is CON
cerned. The exclusive jurisdic-
ton vested by the constitution of
the United States in the house of
representatives gave it the sole power
to hear and determine the qualities
Of Maj. Gen. Sickles for a seat In
that body. and the action of the house
in seating Maj. Gen. Sickless was an
adjudication 10y competent authority
aud the only authority in this case
under the constitution that place, posi-
ton or rank, call it whatever you will.
held by Maj. Gen. Sickles upon the
army list, was not al Office and did not
d%isqualify him to sit as a member of
congress-"
1t follows from this that the PROPOSE
ton submitted by the paymaster gener-
al for my decision, to wit: whether
or not an officer of the army, retired
list. is to be denied his salary appro-
pirate to his rank, because he has been
elected a member of the house of repre-
sentatlyes," must be decided negatively