Birmingham state herald., 1895-10-20
MIR. RANSOM'S SALARY
Ordered Paid by Comptroller Bowler From August 29, the Date of His Second
 Appointment.

Washington, Oct. 19.-Comptrollcr Bow Ter has rendered an opinion holding that Hon. Matt w. Ransom is entitled to draw his salary as United States min ister to Mexico under his last appoint ment by the president. It was the knowl- edge of Comptroller Bowlers intended action that caused Secretary Carlisle to direct. some weeks ago that Minister Ransom be paid. The decision is dated October 19 and is regarded as important as establishing precedent. The comp troller says the facts in Mr. Ransom's case appear to be as follows:
 A vacancy existing in the office of min ister to Mexico during the last session of the senate, on February 23 the pres- ident nominated for appointment thereto Matt w. Ransom and he was duly con firmed by the senate on the same day. On the 4th of March, before the adjourn ment of congress. MT. Ransom took the oath of office as minister to Mexico at the state department. It is stated that his commission was signed by the pres ident on March 5, although dated ac- cording to the custom of the executive office, February 23, the date of his con firmation.
 Mr Ransom, until the expiration of congress on March 4, a senator of the United States from the state of North Carolina, his term expiring on that date On March, 1891. the compensation of the minister to Mexico was increased from $1200 to $17,000 per annum, and has con tinued at the latter figure from that time and including the present fiscal year. When the act increasing the salary of the minister to Mexico was passed MT. Ransom was a member of the senate. The fact that the salary of the minister to Mexico was increased was overlooked by the president on February 23, when he was nominated and confirmed and was not discovered until some time af ter MT. Ransom had been appointed. qualified and acted as minister to Mex ico. For reasons stated by the attorney general in his opinion of October 15 1894, the appointment of MT. Ransom was H. legal.
 On August 29, 1895, MT. Ransom was appointed by the president as minister to Mexico to hold that office until the end of the next session of the senate, in ac- cordance with the provisions of the con stitution. He took the oath of office upon the same day, and thereupon became the de jure as well as the de facto min ister to Mexico. The question for deci- sion is whether under the facts as above stated the vacancy which MT. Ransom was appointed on August 20 to fill was one which existed during the session of the senate within the meaning of those words as used in section 1761 revised
 
 was not. It is true, he says, the appoint ment was illegal, and in contemplation of the law it may be said that the vacancy existing during the session of the senate was never filled and continued to exist August 29, 1895, when by the legal ap- pointment of MT. Ransom it was first filled. But MT. Ransom was the actual incumbent and de facto minister to Mex ico from March until he ceased to be recognized as such by virtue of the opin- ion of the attorney general of August 15, 1895, and as such de facto officer in fact, if not in law held the office of minister to Mexico by virtue of an actual confirma- ton by the senate.
 "I am clearly of the opinion" says the comptroller, that the de facto filling of the vacancy which existed during the session of the senate by MT. Ransom under the circumstances above enumer- ated takes his present case under the appointment made August 29, 1895, out of the prohibition contained in section 1761 and that the vacancy to which he was appointed; that the latter date was not one which existed during the session of the senate within the meaning of those words as used in section 1761, but arose when the illegal designa ton of MT. Ran som as minister to Mexico was discov- cred and he ceased to be trated as such officer.
 "The payment of MT. Ransom's salary from August 20, 1895 being authorized by the foregoing reasons, the decision of the auditor Is therefore overruled."