Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1895-08-17

Representatives to civil Office, the emoluments
of which we're received during the term ior
which they were elected, was based on the
question whether an appointment dated 1rom
the time of nomination or from the Time Inc
commission was signed. In deciding Mt. Ran
SONS case the acting attorney general iald
down the rule that the appointment of civil
officer in the federal service dates from his
confirmation by the Senate, which is con-
strued to mean the completion of the appoint
ment according to the Constitution. Mr. Kan
som was nominated February 23. The Treas
ury Department records show that ex-senator
Ransom has drawn in salary and expenses IS
Minister to Mexico about $4,000, of which
$4,276 was for salary up to June /. The
last payment made to him was on June "
for Si,49O, which included his May
salary. Now that the legal phase of
tue case has been settled adversely
to Mr.. Ransom, Auditor Holcomb, who
is responsible for all moneys wrong
fully paid through his Office. will, following
his usual custom, in case Mr.. Ransom is re-
appointed, Withhold his salary until the ae-
emulation equals the amount wrongfnlly
paid him. This only, of course. in case Mr.
Ransom does net straighten out the matter
by returning all the oney heretofore paid
him and appeal to Congress for the payment
of the salary thus returned. The decision of
Solicitor General Conrad on the Ransom case,
while not yet officially announced, goes even
further, it is said, than the mere declaration
that Mr. Ransom was disqualified. Incident
ally it touches upon the powers of the audi
tors of the Treasury and Comptroller to hold
up accounts when the law is unconstitutional,
and lnferentiaily. if not in words, inclines to
support the position taken by Comp
troller Bowler in the sugar bounty claims.
Mr. Ransom was appointed minister
before his term of office as Senator had
ended, but his commission was not signed by
the President until March 5, the day after he
ceased to hold the legislative position There
is nothing in the commission, however, to show
when it was signed. 1t bears date of Febru-
airy %, and apparently left no loophole to de.
decide that Mr. Ransom's appointment was con-
stitutional on the ground that his Senatorial
term had expired before the Presidents sig
nature was actually attached to the commits.
sion. The Constitution provides that the
President SHALL nominate and by and with
the advice and consent Of the Senate shall ap.
point, ambassadors, etc" 1t IS understood
that the acting attorney general con-
strued the consent or confirmation OF the
Senate to be the consummation OF Mi.
Ransom's appointment and that as this took
place. DciOTS inc terul lUI Wulon no was oiSS'-
ed expired, his assumption of office was con-
trary to the Constitution. Mr.. A. A. Adee,
the Acting Secretary of State, declined to say
anything this morning about the Ransom de-
cision. &c was asked if the opinion of the
Acting Attorney General would DO given out
by tho State Department and answered that
he would prefer to let Mr.. Olney,. who is at
Falmouth, Mass, answer all questions OF that
class It is probable that Il o text of the opin.
ion will be made public as soon at copy OF 1t
can reach Mr.. Ransom at Weldon, N. G.
Ex.Congressman Young, secretary of the
executive committee of the silver democrats,
says the appointment of the chairman OF the
Virginia committee of the democratic silver
ties has been left to Senator Daniel, and that
he supposes Congressman Otey will be ap'
pninted