The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-18
CASE OF MINISTER RANSOM.
TREASURY ACTION AS To THE
MONEY PAID HIM as SALARY.

ment Dates From His Conarma-
tion by the senate-Hfs Commission
Signed the Day After His Term as
Senator Had Expired-The Amount
WrOnEfuIIy Paid salary May Be
Returned to the Treasury.
Washington. Aug. 1.-THE opinion Of
Acting Attorney General Conrad that ex-
Senator Ransom was disqualified from ap-
polntment TO the Mexican mission, be.
cause of the constitutional provision re-
lating to the appointment of senators and
Representatives to civil Office. the emolu4
ments Of which were increased during tha
term for which they were elected, waa
based on the question whether an appoint.
ment dated from the time Of nomination.
or from the time the commission was
signed. In deciding Mr.. Ransom's case, the
acting attorney general laid down the rule
that the appointment to a civil office In
the federal service dates from his cons
armation by the Senate, which Is cons
strued TO mean the completion Of the
appointment according to the constitus
tion. Mr.. Ransom was nominated Feb.
% last before his term Of office as a
senator had ended, but his commission
was not signed by. the President until
March, and on che day after he ceased "a
hold the senatorial position.
The commission bears date OF Feb. q.
and apparently left no loophole TO decide
that Mr.. Ransoms appointment was cons
stitutional on the ground that his sena-
torial position had expired before the
Presidents signature was actually at.
tached to the commission. The constitu>
ton provides that the President shall
nominate and by and with the advice and
consent of the Senate shall appoint am.
bassadors. etc"
1t is understood that the acting attor-
ney general construed the consent or
connrmatfon OF the Senate to be the con-
summation OF Mr. hAnsom's appoints
ment, and that as this took place before
the term for which he had been elected
had expired, his assumption OF office was
contrary 10 the constitution.
Mr.. A. A. Adee, the acting secretary OF
state, declined to say anything to-day
about the Ransom decision. He was
asked II the opinion Of the acting attor-
ney general would be given out by the
state department, and answered that he
would prefer to let Mr.. Olney, who Is
AT Falmouth, Mass, answer all ques-
lions OF that class. 1t is probable that
the text Of the opinion viii be made pub
lie as soon as a copy of 1t can reach Mr..
Ransom at Weldon, N. C.
The treasury department record show
that ex-senator Ransom has drawn in
salary and expenses as minister to Mex
leo about 5000, of which $4,275 was for
salary to June !. The last payment made
to him was on June %, for 1880, which
included his May salary. Now that the
legal phase Of the case has been settled
adversely to Mr.. Ransom, Auditor HoI-
comb, who is responsible for all moneys
wrongfully paid out through his Office.
will, following his usual custom, in case
MIR. Ransom Is reappointed, withhold his
salary until the accumulation equals tina
amount wrongfuly paid him.
This is only, Of course, In case Mr..
Ransom does not straighten out the mat
ter by returning all the money hereto-
fore paid him and appeal to congress for
the payment of the salary thus returned.
The decision of Solicitor General Con-
rad on the Ransom case, while not yet
officially announced goes even further.
1t is said, than the mere declaration thac
Mr.. Ransom was disqualified. IncidentaI-
ly 1t touches upon the powers Of the au-
ditors of the treasury and the controller
to hold up accounts when the law is uncon-
stitutional, and inferentiaIly, If not in
words, fnclines to support the position TAX
en- by Controller Bowler in the sugar
bounty claims.
Weldon, N. c., Aug. Ex-senator RAM
som Is at Blowing Rock with his family.
The news Of his being declared out Of Of
fee as minister to Mexico is q greas
surprise to his home people. Mr.. RAM
som Is greatly improved in health.