Birmingham age-herald., 1895-08-18
MIR. RANS0M'S CASE.
The Question Hinges on the Date of His Com mission-Amount of Salary He
 Has Received.

Washington, Aug. 17-The opinion of Acti5g Attorney General Conrad that Senator Ransom was disqualified from appointment to the Mexican mission be- cause of the constitutional provision re- lating to the appointment of senators and representatives to civil offices, the emoluments of which were raised during the term for which they were elected; was based on the question whether an appointment dated from the time of nomination or from the time the commits sion was signed. In deciding MT Ram soms case the acting attorney-general laid down the rule that the appointment of a civil officer in the federal service dates from his confirmation by the sen=' ate which is construed to mean the com pletion of the appointment according to the constitution. MT. Ransom was nom mated February 23 last, before his office as senator had ended, but his commlsr sion was not signed by the president until March 5. the day after he ceased to hold the legislative position. There IS nothing in the commission, however, 10 show when it was signed. It bears the date of February 23 and apparently left no loop hole to decide that MT. Ransom's appointment was constitutional on the ground that his senatorial term had eX- pired before the presidents signature was actually attached to the commission.
 The constitution provides that the president shall nominate and by anu with the advice and consent of the senate shall appoint ambassadors" etc. It is understood that the acting attorney-gen- eral construed the consent or c9nffma- ton of the senate to be the confirmation of MT. Ransoms appointment, and that as this took place before the term for which he was elected expired his as. sumption of the office was contrary to the constitution.
 MT. A. A. Adee, the acting secretary of state, declined to say anything today about the Ransom decision. He was asked if the opinion of the acting attor- ney-general would be given out by the state department and answered that he would prefer to let MT Olney, who is at Falmouth Mass, answer all questions or that class. It is probable that the text of the opinion will be made public as soon as copy of it can reach MT. Ransom at Weldon, N. c.
 The records show that ex-Senator Ran som has drawn in salary and expenses as mini ster to Mexico about $5000, of which $4275 was for salary up to June l. The last payment made to him was on June for $1490, which included his May salary Now that the legal phase of the case has been settled adversely to MT. Ransom Auditor Holcomh, who is re- sponsible for all money wrongfully paid through this office will following his usual customs, in case MT. Ransom is re- appointed withhold his salary until the accumulation equals the amount wrong fully paid him.
 This is only, of course, in case MT. Ran som does not straighten out the matter by returning all the money heretofore paid him and appeal to congress for the payment of the salary thus returned.
 The decision of Solicitor-General Con rad on the Ransom case. while not yet officially announced, goes. even further, it is said. than the mere declaration that Mr. Ransom was disqualified. Incidently it touches upon the powers of the auditors of the treasury and comptroller to hold up accounts when the law is unconstitu- tional and inferentially. if not in words, inclines to support the position taken by Comptroller Bowler in the sugar bounty o1a ai,,,c