The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-17
MEXICAN MISSION VACATED.
MIR. RANsOM's INCUMBENCY THERE
OF DECLARED UNCONSTITU-
TIONAL.

Expenses and Is Sustained by the
Attorney GeneraI-An Unusual and
Interesting Case-The Decision
Made Under Section =, Article OF
the Constitution, which Is said TO
Cover the Case Completely.
Washington. Aug 16.-Hon. Matt W.
Ransom of North Carolina is no longer
minister of the United States to Mexico
That Office was practically declared va
cant to-day by a decision rendered by Mr..
Holmes Conrad, solicitor general of the
United States and acting at
torney general Mr. Ransom's in
cumbency was declared to be
contrary to the federal constitution,
and the acting attorney general sustained
the decision of Thomas Holcomb. audi
tor Of the treasury, in declining to pass
favorably upon Mr.. Ransom's vouchers
for salary and expenses.
The decision of the acting attorney gen
eral was based on question raised by
Auditor Holcomb as to the legality Of
Mr.. Ransoms appointment to the Mexi-
can mission. in view of the existence Of
Section 2, article Of the constitution,
which declares that mo senator or rep
resentative shall, during the time for
which he is elected, be appointed to any
civil office under the authority OF the
United States, which shall have been ere
ated, or the emoluments whereof shall
have been increased during such time"
This provision apparently fitted the case
of Mr.. Ransom, for he was nominated by
ant an
Senate before his term Of Office as sena-
tor from North Carolina had expired, and
during that term the salary of the Mex
lean mission had been increased 5000
year. Mr.. Ransom was elected In lSl2 and
served continuously from April "A OF that
year until Feb. 23 1885, when his nomina-
tion to the Mexican mission was sent to
the Senate and confirmed by that body
until March A. when his term expired and
his commission as minister to Mexico was
signed by the President. He was MEM
Der Of the Senate when the diplomatic
and consular appropriation bill was pass
ed which contained a provision raising
the post of minister to Mexico from
mission of the second class TO mission
Of the first class and increasing the sal
airy of the Office from Sl2,500 to $l7,JOO
year.
1t is due to Mr.. Ransoms occupancy OF
-a.seat in the Senate chamber at that tAples
that he is technically a debtor to the gov
ernment for the amount of salary he has
drawn since assuming his diplomatic post.
| Whether or not he voted in favor of the
! increase is of no consequence; the fact
that he was member Of the Senate when
it passed the diplomatic and consular bill,
as stated, operated against him in hold
ing in a legal manner any federal civil
office, which shall have been created, or
| the emoluments whereof shall have been
increased during the time for which he
was elected senator.
Soon after Mr.. Ransom's appointment
| to the Mexican mission there was con-
siderable discussion in the newspapers
and among public men as to whether
his incumbency of the office was legal
! The matter was considered informally by
the President and members of the cabinet,
/ but as no formal question on the SUD-
ject was raised by any officer of the gov
| ernment the status of Mr.. Ransom was
not impaired So far as can be ascertain
ed Mr. Ransom continued to draw his
salary of $17,500 a year, and it was only
/ recently that Auditor Holcomb, when he
| came to pass upon the accounts of the
minister found himself unable to decide
whether he could approve the payment
of Mr.. Ransoms salary in view of the
fact that he had been member of the
Senate when it was increased The mat
ter was accordingly submitted to the At
torney General for an opinion.
The decision rendered to-day by the
acting Attorney General also dsposes of
another matter in which Mr.. Ransom was
pecuniarily interested. Nearly three
months ago he returned to the United
States quite Ill, having obtained sixty
days leave of absence. He spent most
of the time recuperating in the North
Carolina mountains and then obtained an
additional leave of thirty days.
Hinder the regulations of the diplOmatic
service, Mr.. Ransom was entitled to six
ty days annual leave and to thirty days
sick leave additional total Of ninety
days. There is no provision for a further
extension for any reason and diplomatic
and consular officers who have exceeded
this quota, have not received pay for the
period they remained away from their
posts.
Mr. Ransoms ninety days are nearly
up and last week he came to Washington
to ascertain if his continued i'll health
would secure for him a further extension
with pay That question was not dispos-
ed of and there is now no necessity for an
opinion on it in Mr.. Ransom's case, at
least, as the acting attorney generals
decision disposed of everything relating
to his emoluments.
Mr.. Ransom succeeded Hon. Isaac p
Gray, ex-governor of Indiana, who had
died a short time before. After a visit
TO North Carolina, returning to Washing
ton to receive instructions, Mr.. Ransom
left here for the City Of Mexico on March
80. He arrived at his destination quite i'll.
The high altitude of the Mexican capital
had affected his heart and accentuated a
trouble from which ne had been suffering
for many years. Mr. Ransom was i'll most
Of the time he was in Mexico and ne was
advised by his physician to return to the
United States for treatment and recuper-
alton. Following this counsel he came to
North Carolina in May and has been at
a health resort in that state and at his
home in Weldon most of the time since.
He is now at Weldon.
While in Washington last week the
minister paid several visits to the state
department In regard to the question rails
ed by Auditor Holcomb. Just before re-
turning 10 North Carolina he said his
health had improved sufficiently to permit
him 20 80 back to the City Of Mexico In
about a month.
The constitutional provision through
which Mr. Ransom has been deprived Of
Office does not bar him from being re-
appointed TO the Mexican mission. He
could have been appointed without viola
lion of the law or constitution at any time