New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-20
GENERAL RANSONS DIFFICULTY.
EVEN IF REAPPOrNTED HIS SALARY WILL De
PEND on Ills CONFIRMATION BY
THE SENATE.


THE SENATE.
Washington Aug 10 (specaD.-It is probably true,
as asserted by the friends Of General Matt W.
Ransom that he could have been appointed Minister
to Mexico withou: violation OF the Constitution or
OF statutory at time AFTER the nour OF noon
on March 4 last. when his Senatorial term expired
but II the appointment had been withneld unii
after the Senate adjourned II the Senate had not
acted favorab,y on the nomination prior 10 It's ad-
tournament on March l. General Ransoms appoint
ment at any time afterward would not have carried
with 1t any Of that essential accompaniment lhe
1880 salary. And so II VIII be II the PRESIDENT he-
cides now to appoint General Ransom to the Mex-
can mission This the President may do now with
out running counter to the constitutions prohoition
against appointment OF a Senator or Representative
in his term Congressman 10 an once under the
United States which shall have been created or the
emouments whereof shall have been increased IN
that time.
Such an appointment made in the recess OF the
Senate would be temporary appointment, on
commission to expire at the end OF the next ses-
sion OF the Senate. Under the law, payment or the
sa.ary Of the appointee in such a case. must De
postponed until he has been confirmed by the Sem
ate Section l.7sl Revised Statutes, provides that
mo money shall be paid from the Treasury as sal
airy to any person appointed during the recess OF the
Senate TO III; a vacancy in any existing office, II
the vacancy existed while the Senate was IN SEES
sion. and by law required to be fled by ana
with the advice and consent OF tho Senate. un'h
such appointee has been confirmed by the Senate
II has however. been contended In this instance
that the action OF the Senate in confirming the NOM
nation of General Ransom before the close OF the
last session removes this from the category
comprehendad by the section Of the law Just quoted
On this point the we.l-estab.ished decision OF me
Department OF Justice is that the nomination
and confirmation OF an ineligible person must De
treated as null and acts upon which an APP
pointment OF the person may be afterward mace
u,han his decentralization ceases That decision
was given In a case which presented precisely the
same points as those involved in the Ransom case
The Attorney General after quoting the prohibit On
In Section g. Article !. OF the Constitution. against
appointment to office OF Senator or Representative
In the time for which he was elected, gave MS opn-
ion that ''by the OF this provision Senator or
Representative, in the there mentioned IS
made ineligible tor appointment TO the ONCE during
the time for which he elected. Does IL not I'M,
p,iedy render him also ineligible for nomination ana
Confirmation thereto these acts being necessary ana
nclpent steps appointment? Can the Presl-
dent appoint a person 10 office which. at me
time of his nomination and continuation. ne was
DISQUALIFIED 20 fill? II is submitted that section =
Article II OF the Constitution. which provides mat
the President shall nominate and by and with tne
advice ard consent OF the Senate shall appoint etc
contemplates that only such persons as are Quail
fed 10 hold office shall be nominated as Wei as
snnonted Agreeabiy this view, the nomination
and confirmation OF an ineligible person must De
treated az null and not acts upon whicn an ap-
nointment OF the person may be afterward mace
when his disqualification ceases.