The times. [volume] (Richmond, Va.) 1890-1903, 1895-10-20
MR.. RtNSOM'S SALARY.
1T DATES FROM AUGUST *oIH ~
MIR BOVLER'S DECISION.
The Case Reviewed in the Dccislon-Bow-
Ter Says the First Appointments
Was Unconstitutional.

WASHINGTON, Oct. l9.-Comptroiler
Bowler has rendered an opinion, holding
that Hon. Matt. w. Ransom Is oniy
entitled TO draw his salary as Onitea
States Minister to Mexico, under ms
last appointment. 1t was the kno"icusc
Of Comptroller Bowler's intended action
that cause Secretary Carlisle some weeks
AGO 10 order that Minister Ransom be
maid. The decision is dated October
18TH and being a precedent. Is regardeu
as important.
The Comptroller says the facts IN MIN
lister Ransom's case appear 10 DC as
follows:
A vacancy existing in the office OF
Minister TO Mexico during the last ses-
sion of the Senate, on February go. the
President nominated for appointment
there. Matt w. Ransom, and he was
duly confirmed by the Senate on inc
same day. s
on the afternoon OF the Atm OF March'
after the adjournment OF Congress, Mt.
Ransom took the oath of Office as M'h-
lister to Mexico, at the State Department.
IL is stated that his commission 10 'h@t
office was signed by the president oii
March 9Th. although. according TO the
custom of the executive office, FEBRUARY
ed was the date Of his connrnal'oh'
Mr.. Ransom was until the expiration OF
Congress, on March 4th, a senator iIOIi
he state of North Carolina, his term
expiring that date
At rNcRrAsiSG THE salary.
On March 3, 1891, the compensation,
NJ the Minister to Mexico was lncreaseu
from $1,000 to 1880 per annum, anu ,'"s
continued at the latter figure from thal
time up to and including the present
fiscal year. - ,,o,,.
When the act increasing the salary
of the Minister 10 Mexico was passed.
Mr.. Ransom was a member or the zen
ate. The fact that the salary OF lne
Minister TO Mexico was Increased wiz
MIR. Ransom was a senator was ~
looked both by the President ana the
Senate on February I'D, when ne "as
nominated and confirmed. ana was Ao'
discovered until some time al1ei -"i
Ransom had been appointed, quahiisu,
and acted as Minister TO Mexico. VI
tho reasons stated the Attorney-peh-
oral i'm his opinion of August 10, lo'''
tho anpointment of Mr.. Ransom, uhuer
Tho circumstances, was Illegal being III
violation Of paragraph :, section ., VI
Article l., OF the Consutution' VINO"
provides: .ou
"No senator or representative SNAIL
during the time for which he was eject
ed. be appointed to any civil once unueI
the authority OF the United states which
shall have been created, or the enlo'u
ment whereof shall nave peeh ii'0' -'"0'
during such time
on August =. 1895. Mr.. Ransom was re-
annoiuted by the President as Mlnlste'
10 Mexico. to hold that office until the
end Of the next session of the senate
IN accordance with the provisions OF the
PROSTITUTION. He took the oath OF Of
flee upon the same day, and thereupoh
became the de jure as well as the ue
facto Minister TO Mexico. the question:
for decision is whether. under the fact5
as above stated, the vacancy whlch MI
Ransom was appointed on August %'lh
ia I'M was one which existed during the
session of the Senate, within the mean
ing of these words as used IN Sectioh
1861, Revised Statutes:
AZ ILLEGAL AProISr MT.
at is true" he says, that the hrst
appointment was Illegal, and In conten-
plation of law null and void, ana there-
fore that. in contemplation of law. IL
may he said that the vacancy eNlstlhR
during the session OF the Senate, was
never filed. and continued to exist unul
August %. 1925, when, by legal appoint
rnent of MIR. Ransom. il was first nlled.
"Rut Mr.. Ransom was the actual IN
cumbent and de factO. from March 4lh
until he ceased 70 be regarded as such
nv virtue Of the opinion of the comp
trolIer. and in fact held the once OF
Minister to Mexico by an actual II not
a legal appointment Of the President
made in pursuance Of an actual If not a
legal nomination and confirmation by the
Senate. A..
81 am clearly Of the opinion" SAYS ire
COMPTROLLER. that the de facto ming Oh
the vacancy which existed by 'he az
pointment Of Mr.. Ransom, came "i'''in
the meaning Of section lI6l
orb navment Of Minister Ransom from
August oath being authorized. the de-
c's,on Of the Auditor is therefore over