Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-20
MIR. RANS0M'S SALARY
OPINION RENDERED. by COMPTROL-
LER BOWLER on THE SUBJECT.
The Miuistcr Entitled to Draw His
Pay Nc Uncle Sans Representative
mt Mexico Under the Appointment
of August Goth.

WASHINGTON, october l9.--Comptrol-
Ter Bowler has rendered an opinion hold
ing that Hon. Matt W. Ransom is en-
titled to draw his salary as United States
Minister to Mexico under his last appoint
ment. 1t was the knowledge of Comp
tro!ler Bowler's intended action that
caused Secretary Carlisle to direct some
weeks ago that Minister Ransom be
paid. The decision is dated October 18th.
and being a precedent, is regarded as i'm
portant.
The Comptroller says the facts In Minis
ter Ransoms case appear to be as fol-
lows: A vacancy existing in the office OF
Minister to Mexico during the last ses-
sion of the Senate on February I'D, the
President nominated for appointment
thereto Matt w. 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 Minis
ter to Mexico, at the State Department.
1T Is stated that his commission to that
office was signed BY the President on
March 9Th, although, according to the
custom OF the Executive Office, February
I'D was the date of his confirmation.
Mr.. Ransom was, until the expiration
OF Congress. on March 4th. Senator
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
from $1,000 to $500 per annun, and has
continued at the latter figure from that
time I'D to and including the present fiscal
year. When the act Increasing the salary
OF the Minister to Mexico was passed.
Mr. Ransom was member OF the Senate.
The fact that the salary Of the Minister
TO Mexico was increased while Mr.. Ran
som was q Senator was overlooked. both
py the President and the Senate on Feb
ruary I'D. when he was nominated and
confirmed, and was not discovered until
some time after Mr.. Ransom had been
appointed and had qualified and acted as
Minister to Mexico.
For the reasons stated by the Attorney
General in his opinion of August IS, 1882
the appointment of Mr.. Ransom under the
circumstances was Illegal, being in viola
ton OF paragraph 2, section 8. OF Article
/. OF the Constitution. which provides
that mo Senator or Representative
shall. during the time for which he was
elected. be appointed TO any civil Office
urder the authority Of the United States
which shall have been created. or the
emoluments whereof shall have been In
creased during such time"
on August 70, 1885. Mr.. Ransom was
reappolnted by the President as Minis
ter to Mexico, 10 hold that office until
the end OF the next session Of the Sen
ate. in accordance with the provisions or
the Constitution. lie took the oath OF
office upon the same day. and thereupon
became the de jure. as well as the de
facto, Minister to Mexico. The question
for decision is whether. under the facts
as above stated, the vacancy which Dir.
Ransom was appointed on August 18th to
fill was one which existed during the SEES
sion of the Senate, within the meaning
OF those words, as used in section lI6l,
Revised Statutes.
ct IS true" says Mr.. Bowler that the
fret appointment was Illegal, and, in
contemplation Of the law, null and void,
and therefore, in contemplation of law,
II may be said that the vacancy which
| existed during the session OF the Senate
was never filed and continued TO exist
until August %. 1926. when BY legal APP
pointment of Mr.. Ransom. it was first
| filled"
But Mr.. Ransom was the actual incum-
bent, and de facto Minister from March
4tb, until he ceased to be recognized as
such by virtue OF the opinion of the
Comptroller, and. in fact. held the office
Of Minister to Mexico by virtue Of an
actual, If not legal, appointment Of the
President, made in pursuance OF an ac-
tual II not a legal nomination, and con-
firmation by the Senate.
II am clearly of the opinion says the
Comptroller. that the de facto filling or
the vacancy which existed by the appoint
ment of Mr. Ransom came within the
meaning OF section l16l."
The payment OF Minister Ransom S
salary from August 29th. being authoriz-
ed, the decision Of the Auditor is. there
fore oyerruled.