New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-17
RANSOM PUT OUT OF OFFICE
HIS APPOINTMENT AS MINISTER TO
MEXICO ILLEGAL.

ACTING ATTORNEY GENERAL HOLMES CONRAD
DECLARES 1T UNCONSTITUTIONAL BECAUSE
Mr.. RANSOM WAS A SENATOR WHEN
THE SALARY OF THE MISSION WAS
NEUTRALITY-SUSPICIOUS. CLEvE-
LAND LIKELY TO AP-
POINT HIM AGAIN.
Washington. Aug l6-Matt w. Ransom. OF
North Carolina. is no longer Minister from the
United States to Mexico That office was prac-
tically declared vacant to-day by decision
rendered by Holmes Conrad. Solicior-General of
the United States and Acting Attorney-GeneraL
Mr.. Ranscris lncumbency was declared to be
contrary to the Federal Constitution and the
Acting Attorney General sustained the action or
Thomas Holcomb. Auditor CT the Treasury for
the State Department. in declining to pass favor
ably on Mr.. Pansom's vouchers for salary ana
expenses.
The decision OF the Acting Attorney-General
was based on q question raised by AUDITOR
Holcomb as to the legality Of Mr. Ransoms APP
pointmcnt to the Mexican Mission. in view or
the existence OF Section 2. Article W. of the Con-
sttution which declares that mo 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 beer created 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 President
Cleveland and confirmed by the Senate before
his term OF office as Senator from North Caro-
lima had expired. and during that term the
salary OF the Mexican Mission had been in
creased 5000 year
WHY HE WAS OUSTED
Mr. Ransom was elected to the Senate IN S'z
and served continuously from April "a OF that
year until February g, 1895. when his nomination
10 the Mexican mission was sent to the senate
and Immediately confirmed by that BODY ana
until March T. when his term expired and his COM
mission AZ Minister TO Mexico was signed by the
President. He a member OF the Senate when
the Diplomatic and Consular Appropriation Dill
was passed which conta ned provision raising
the post Of Minister to Mexico from mission OF
the second class to a mission or the nrst CLASS
and increasing the salary OF the office from sl2,5OO
10 $lI.500 year. 1t is due TO MI. Ransom &C.
cupancy OF a seat In the Senate chamber at that
time that he is to-day without an Office, and that
he is technically a debtor to the Government for
the amount of salary he has drawn since assum-
ing h g diplomatic post. Whether or not he voted
In favor OF the Increase is of no consequence; the
fact that he was a member OF the Senate when IL
passed the Diplomatic and Consular bill. as
statei operated against him in holding in legal
manner any Federal civil office (which shall nave
been created or the emoluments whereof shaH
have been increased" during the time for which
he vas elected Senator
Son after Mr.. Ransom's appointment TO the
nexican Mission there was considerable discus
sion IN the newspapers ana among puuilc nien @
IN uyta fharh hic tncn nrph of
legal. The matter considered informally
by the President and members of the CABINET
but as nc forma! question on the subject was Vas
raised by any officer of the Government. the
status OF Mr.. Ransom was not impaired 90
far be ascertaned. Mr.. Ransom contin-
ued to draw his salary OF sl7.50O a year, but 1t
was only recently that Auditor Holcomb, when
he came TO pass on tn. accounts Of the Minister,
found himself unable % decide whether he could
approve tie payment If Mr. Ransoms salary, In
view of the fact that he had been member of
the Senate when 1t was increased. The matter
was accordingly submitted Il the Attorney-Gen-
eral for opinion
ANOTHER QUESTION DISPOSED OF.
The decision rendered to-day by the Acting
Attorney General also disposes of another matter
in which Mr.. Ransom was pecuniarily interested.
Nearly three months ago he returned to the
United States Ill, having obtained sixty days
leave Of absence. He spent most of this time re-
cuperating In the North Carolina mountains, and
then obtained an additional leave OF thirty days
Under the regulations of the Diplomatic Service,
Mr.. Ransom was entitled to sixty days annual
leave and to thirty days sick leave additional.
total of ninety days There is no provision for
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.. Ransom's
ninety days are nearly up, aad last week ne came
10 Washington TO ascertain If his continued III
health would secure for him further extension
with pay. That question was not disposed OF,
and there is now no necessity for an opinion on
IT, In Mr.. Ransoms case AT least, as the Acting
Attorney Generals decision disposes OF every
thing relating 10 his emoluments.
Mr. Ransom succeeded Isaac p. Gray, ex-Gov-
ernor Of Indiana who had died short time be-
fore. After visit TO North Carolina. return
Ing to Washington TO receive instructions. Mr..
Ransom left here for tn. City Of Mexico on
March 3d. He arrived at his destination III.
The high altitude OF the Mexican capital had af-
fected his heart and accentuated trouble from
which he had been suffering for many years. Mr..
Ransom was III most Of the time he was In
Mexico. and he advised by his physicians
to return to the United States for treatment
and recuperaton. Following this counsel. he
came To North Carolina in May and has been
at 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 Depart
ment with reference to the question raised by
Auditor Hocomb. Just before returning to
North Carolina he said that his health had inn
proved sufficiently 20 permit him to go back 10
the City OF Mexico in about month.
HE MAY BE REAPPoINTED.
Mr.. Ransom has been deprived Of office does not
bar him from being reappointed to the Mexican
mission. He could have been appointed without
violation Of the law OF Constitution at any time
after the hour Of noon on March hast. when his
Senatorial term expired. II believed that
President Cleveland Will. on being officially in
formed Of the condition Of affairs reappoint Mr.
Ransom to the office Nearly every Senator
united last winter In asking the President to
make the appointment.
NO UNION WITH TIE UTDSOy RIVER.