The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-10-20
RANSoM'S PAY AS A MINISTER.
CONTROLLER BOwLEs RENDERS
HIS DECISION.

He Holds That the Minister f. Enti-
tied to Receive Under His Last APP
Continent the salary Attaching TO
the Ofice-An Important Precedent
Established BY the DecisiOn-A Re
view of the circumstances sur
rounding the appointment.
Washington. Oct ls-Controuer Bowler
has rendered an opinion holding t.lat
Hon. Matt W. Ransom is entitled TO
draw his salary as United States minis
ter 70 Mexico under his last appoint
meht by the President. 1t was Controller
Bowler's intended action that caused Sec
rotary Carlisle TO direct some weeks ago
that Mr.. Ransom be paid.
The decision is dated oct. 70 and as
establishing a precedent is regarded as
important. The controller says that the
facts in Mr.. Ransom's case appear TO
be as follows: "A vacancy existing in the
office OF minister TO Mexico during the
last session Of the Senate, on Feb. 3,
the President nominated for appointment
thereto Matt ". Ransom. and he was
duly confirmed by the Senate on the same
day On the afternoon Of the Attn Of
March, after the adjournment of congress,
Mr.. Ransom took the oath of Office as
minister to Mexico at the state depart
ment. 1t is stated tina his commission
to that Office was signed by the Presi-
dent on March 8, although dated accord
ing to the custom of the executive Of
fee, Feb. q. the date of his confirmation.
Mr.. Ransom was, until the expiration
OF congress on March 3, a senator Of the
United States from the state of North
Carolina. his term expiring on that date.
On March 3, 1891, the compensation of the
minister to Mexico was increased TO Sl1,-
800 per annum, and has continued at the
latter figure from that time 10 and in
GLIDING the present fiscal year. When
the act Increasing the salary of the min
ister to Mexico was passed Mr.. Ransom
was a member of the Senate. The fact
that the salary of the minister TO Mexico
was increased while Mr.. Ransom was a
senator was overlooked both by the Pres
ident and the Senate on Feb. % when he
was nominated and confirmed, and was
not discovered until some time after Mr..
Ransom had been appointed, quahned
and acted as minister to Mexico. For
the reasons stated by the Attorney Cen
eral in his opinion of Aug. 10, 1895, the APP
poiniment of Mr.. Ransom under the CIR
cumstances was Illegal, being IN viola
ton of paragraph 2, section of article l
OF the constitution, whlch PROVIDES; NO
senator or representative shall, during
the time for which he was elected, be
appointed to any civil office under the
authority of the United states which
shall have been created, or the emolu-
ments whereof shall have been increased
during such time
ION aug. 20, 1895. Mr.. Ransom was re-
appointed by the President as minister 10
Mexico. to hold that Office until the end
of the next session Of the Senate, in ac-
cordance with the provisions of the cOnsti-
tuition He took the oath Of Office upon
the same day, and thereupon became the
de lure as well as the de facto minister to
Mexico The question for decision is
whether under the facts as above stated,
the vacancy which Mr.. Ransom was APP
pointed on Aug. % to fill was one which
existed during the session of the Senate
within the meaning of those words, as
used In section 1,1bl, revised statutes"
The controller holds that it was not. 1T
is true. he says, that the nrst appoint
ment was illegal and in contemplation of
the law, II may be said that the vacancy
existing during the session of the Senate
was never filled. and continued to exist
till Aug. %, 1895, when by legal appoint
ment of Mr.. Ransom II was first filled.
But Mr.. Ransom was the actual incum-
bent, de facto minister to Mexico from
March until he ceased to be recognized
as such by virtue of the opinion of the
Attorney General of Aug. 10, 1898, and as
such de facto officer in fact, If not in law,
held the office of minister to Mexico by
virtue of an actual, If not a legal appoint
ment of the President made in pursuance
of an actual. II not legal nomination to
and confirmation by the Senate
Il am clearly of the opinion" says the
controller. that the de factO filling of
the vacancy which existed during the ses-
sion of the Senate by Mr.. Ran
som, under the circumstances above enum-
Grated takes his present case, under the ap-
pOintment made on Aug. 29, 1895, out of
the prohibition contained in section ,76l
and that a vacancy to which he was ap-
pointed on that latter date was not one
which existed during the session of the
Senate within the meaning of those words
as used in section 1851, but first arose
when the illegal designation of Mr. Ran
som as minister to Mexico was discov-
cred and he ceased to be treated as such
officer.
1.-The payment of Mr.. Ransom's salary
from Aug. 20. 1895, being assessed for the
foregoing reasons the decision of the au-
ditor is therefore overruled."