Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-17
He Will Promptly Be Reappointed
by the President.
BIS ACCOUNTS SETTLED TO JULY lST
Attorney General Harmon Said to
Indorse the Opinion.
MIR. BUTLER AS CHARGE

1t is understood that aside from the in
convenience which will be occasioned to
Minister Ransom by the failure to receive
his salary promptly, and the necessity for
his reappointment, there will be no other
complications attached to a decision which
has been rendered by the solicitor general
that, under the Constitution. Mr.. Ransom's
appointment was irregular, because made
during his term as Senator.
Mr.. Ransom has understood for six weeks
that the solicitor generals decision would
be against him, and. while he was fore
warned to this effect, he was notified at
the same time that soon as practicable
after the decision should be rendered he
would be reappointed. 1t was this knowl-
edge of the effect of the decision which has
caused Mr.. Ransom to remain in this coun-
try as long as he had, but the assurance Of
his reappointment has been made so plain
that he has made all preparations to return
to Mexico toward the close of the present
month. The provision of the Constitution
under which the treasury refused to audit
and allow his account will rot apply to a
reappointment, and there will be no fur
ther difficulty In the matter.
Settled With to July L.
The minister's accounts were regularly
allowed up to the 1st of July, that at
present the government is indebted to him
ent time. 1t is not doubted in any quarter
that Congress will afford him relief in this
respect through an appropriation in the
first urgent deficiency bill which becomes
law after the beginning of the next ses-
sion. At the time OF Mr.. Ransom's appoint
ment u question was raised, and fully eX-
plotted in the press, as to whether or not
his appointment was regular, and then the
opinion was expressed at the White House
that his case old not come within the legal
prohibition, and that even If 1t should be SO
held, the Presidents right to reappoint
linn after Congress adjourned was clear and
indisputable.
Recess Appointment.
1t is expected that the President will in
few days issue a commission for Mr..
Ransom to serve as minister to Mexico
during the recess of Congress, which COM
mission will run until the Senate shall have
acted en- Mr.. Ransom's nomination, which
will be sent in early in December. Until
Mr.. Ransom receives this recess appoint
ment, the United States will be represented
at the capital of Mexico by Mr.. Butler, who
was regularly designated and recognized as
charge d'affaires at the time of Mr.. Ran
som's departure for home a few months
ago. The new complication over the legal
ity of Mr.. Ransom's appointment will have
no effect whatever on the diplomatic rela-
tions between the United States and Mex
leo. as NJ. Butler is fully authorized to rep
resent this country in diplomatic capacity
in any business with the republic OF Mexico.
Mr. Ransom had an interview with Acting
Secretary McAdoo last Saturday, and left
for his home in North Carolina with the
full understanding that he would be unable
to return to Mexico in his former official
capacity until after all doubt as to his legal
status had been removed by his reappoint-
ment by the President.
The Department Of Justices Opinion.
Although the opinion Of the Department
of Justice in regard t. Mr.. Ransoms case
bears the signature of Solicitor General
Conrad, it is understood that the opinion
was approved as sound by Attorney Gen.
eral Harmon and Secretary Olney before it
was officially rendered. Attorney General
Harmon's recent visit to the President at
Gray Gables Is believed to have relation to
this case and that it was then concluded
that the best way out of the legal entangle-
ment was the issue Of an entirely new COM
mission to Mr.. Ransom.
How the Question Was Raised.
The decision Of the acting attorney gen.
eral was based on a question raised by
Auditor Holcombe as to the legality Of
Mr.. Ransoms appointment to the Mexican
mission in view of section 2, article 9, Of
the Constitution, which declares that mo
Senator or Representative shall. during
the time for which he was elected, be ap-
pointed to any civil Office under the author
ity of the United States which shall have
been created or the emoluments whereof
shall have been increased during such
time"
This provision fitted the case Of Mr.. Ran
som, for he was nominated by President
Cleveland and confirmed by the Senate be-
fore his term of Office as Senator from
North Carolina had expired, and during
that term the salary of the Mexican mis-
sion had been increased $1,000 year.