Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-19
Mr.. RANSOM'S CASE
The Recent Decision May Affect
Several Other 0mceholders.
JUDGE M'KENNA OF CALIFORNIA
He Was Appointed While Repre-
sentative in Congress.
N M p q RT UT d nTNu1
AN IMP ORTANT POINT

The recent decision of the acting attor-
ney general in the case of Minister Ransom
Is apt to have an important bearing upon
the cases of several other persons holding
important positions under the general gov
ernment whose appointments were made
under almost Identical conditions. Proba-
bly, the most important case of this Kind
is that of Judge Joseph McKenna, circuit
judge for the northern district of Cali
fornia. He was appointed to that Office
March II. 1892. while he was Representa-
tive In Congress from the San Francisco
district, AID after having served during
the session when the legislation was enact
ed which created the office to which lie
was subsequently appointed. In fact, it
was necessary for him to resign his Office
as member of Congress to acccot the
judicial position which he now holds.
Judge McKenna's Case.
Such an appointment is contrary to the
terms Of the Constitution according to the
decision of the Department of Justice in
the case of Mr.. Ransom. No question has
ever been raised officially against the le-
gality of Judge McKenna's appointment.
and 1t is not known that It will bc done
me recent action Of the Department of
Justice applies only to the case of Minis
ter Ransom, but. according to general gos-
cision apply with equal force to the case of
Judge Mckenna and all ex-membcrs Of
Congress who are holding offices created
curing their service in Congress or in
which the compensation was increased dur
ing their congressional career. 1t is not
likely that the administration will do any-
thing to prevent the continuance in Office
Oh Judge Mckenna, and the probabilities
are that the only way in which the question
OF the validity of his appointment 10 the
bench viii arise will be through the action
oI some litgant dissatisfied with Judge Nc
kenna's decision in case in which he was
interested. In that way the question would
be brought before the courts for judicial
determination. An adverse decision would
vacate the office now held by Judge Nc
kenna and give the present administrat ton
another important appointment to bestow.
There is considerable doubt as to the effect
such decision would have upon the acts
OF Judge Mckenna in his judicial CAPACITY
Another Complication.
The news from the City of Mexico of
the serious illness of Mr.. Butler, charge
d'ahaires, adds another complication to the
Ransom case, and may have the effect of
Fastening action in the matter of his re-
appointment. The legation at Mexico is
seriously crippled. and there is now no
one there outside of Mr.. Butler authorized
to perform the necessary diplomatic func-
tcEs. The State Department has not been
advised of the illness of Mr.. Butler and
until it is will take no action ia the mat
ter. 1t is possible. however that the Pres!-
dent may be required to designate some
one to temporarily represent the United
States in q diplomatic capacity at Inc
capital OF Mexico until either Mr.. Butler
recovers his health or all doubt as to the
legality of Mr.. Ranscm's appointment shall
have been removed by his reappointment
VI der new commission.
An Important Point Settled,
One important point with reference to
inf fr,sp
sion in the case of Minister Ransom is
the time when a federal appointment is
an accomplished fact. Mr.. Ransom's COM
mission is dated February %, and the au-
ditor says the legal presumption is that
the signing and sealing were accomplished
at the same time, unless rebutted by proof
to the contrary, whio h he says he has been
unable to obtain.
1t has been claimed in Mr. Ransom's
he half that the appointment was not COM
plete till he took the oath of office, but the
auditor says all the legal authorities prove
the contrary.
Among these cases is that of Marbury
against Madison, which was decided in
1893 by Chief Justice Marshall. In that
decision it is held that the confirmat ton
by the Senate OF a nomination practically
makes an appointment complete, the COM
mission afterward issued being merely
reriunctory. Other cases cited insist that
positively the last step is the signing and
sealing of the commission. so that under
the most extreme view, the auditor holds,
the appointment of Minister Ransom was
complete on the 23d of February, while he
was yet Senator.
Ex-senator Buffers Opinion.
In discussing the case of Judge McKenna
ex-senator Butler said that there was no
question about the position taken by the
department being correct. The Constitu-
tion was very explicit on the point. If :he
case Of Justice Mckenna was similar to
that of Minister Ransom; il during the
term for which he was elected he was ap-
pointed to an office created during thai
term. or Of which the emoluments had been
increased during the term, the appointment
was invalid and the Office vacant. The
Senator said that while the circuit justice.
ship would be vacated, IL such were tine
circumstances of the appointment he die
rot think il would follow that the Judicial
acts of the incumbent of the office would
be vitiated, because. as long as he held the
office without his title being disputed, he
was justice de facto.
Strength of the COrean Army.