The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-17
Auditor HoIcomb of the Treas
ury Department Raised
the Question
AND MR.. CONRAD APPROVED IT
The Diplomat a Senator When the
Pay Of His Subsequent Offlce
Was Increased.

Matt w. Ransom of North Carolina IS no
longer Minister from the United states 10
Mexico. That office was practically de-
clared vacant to-day by decision rehoeleu
by Mr.. Holmes Conrad, Sollcltor-General
of h, United States and acting Attorney
reral. Mr.. Ransom's incumoency was
declared to be contrary to the Federal con-
stitution and acting Attorney General
Conrad sustained the action OF Thomas
HoIconb Auditor of the Treasury for the
State DEPARTMENT, in declining to pass
favorabIv mon Mr.. Ransom vouchers for
salary and expenses:
The decision of the acting Attorney
General was based on a question raised by
Auditor %Holcomb as to the legality of Mr..
Ransom's. appointment to the Mexican
mission, in view of the existence of section
Q article VI of the constitution, which de-
clares that "No 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 be 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 Carolina had expired, and
during that term the salary of the Mexican
mission had been increased $1,000 year.
Mr.. Ransom was elected to the Senate in
1872, and served continuously from April
q of that year to February %, 1895, when
his nomination to the Mexican mission
was sent to the Senate and Immediately
confirmed by that body, and until the 4th
OF March, 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 passed
which contained a provision raising the
post OF Minister to Mexico from mission
- OF the second class to a mission of the first
class, and increasing the salary of the
Office from S12, 500 to SIT, 500 year. 1t is
due to Mr.. Ransom occupancy OF 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 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 holding
in a legal manner any Federal civil Office
(which shall have been created. or the
emoluments whereof shall have been in
creased" during the time for which he
was elected Senator.
Soon after Mr.. RANSOM appointment to
the Mexican mission there was consider
able discussion in the newspapers and
among public men as to whether his in
cumbency 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 subject was
raised by any officer of the Government
the status of Mr.. Ransom was not i'm
paired.
AS far as can be ascertained Mr.. Ransom
continued to draw his salary of S17, 800
year, but 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 mem
Der of the Senate when it was increased.
The matter: was accordingly submitted to
the Attorney General for an opinion.
e The decision. rendered to-day by the
acting Acknowledgement also disposed of
another matter in which Mr.. Ransom was
pecuniarily interested. Nearly three
months ago he returned to the United
States quite i'll, having obtained sixty
days leave of absence. He spent most of
the time recuperating in the North Caro-
lima mountains and then obtained an ad-
ditional 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 addi-
tional, a total of ninety days. There is no
provision for further extension for any
reason, and diplomatic and consular Off
GERS who have exceeded this quota have
not received pay for the period they re-
NAMED away from their posts. Mr.. Ran
SONS ninety days are nearly up and last
week he came to Washington to ascertain
if his continued i'll 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.. Ransom's case at least, as the
acting Attorney-Generals decision dis
poses of everything relating to his emolu-
ments.
Mr.. Ransom succeeded Hon. Isaac P.
Gray, Ex-Governor of Indiana, who had
died short time before. After visit to
North Carolina, returning to Washington
to receive instructions, Mr.. Ransom left
here for the City of Mexico on March 30.
He arrived at his destination quite i'll. The
high altitude of the Mexican capital had
affected his heart and accumulated trouble
from which he has been suffering for many
years.
Mr.. Ransom was i'll most of the time he
was in Mexico, and he was advised by his
physician to return to the United States
for treatment and recuperatiop. Follow
ing this counsel he came to North Caro-
lima in May and has been at health re-
sort in that State and at his home in We'll
don most of the time since. He is now at
Weldon.
While in Washington last week the Min
lister paid several visits to the State De-
partment with reference to the question
raised by Auditor Holcomb. Just before
returning to North Carolina he said his
health had improved sufficiently to permit
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