Birmingham age-herald., 1895-08-17
MATT RANSOM OUT IF 4 JOB By Decision of the Acting Attor-
 ney-General. WAS A MEMBER OF SENATE When the Bill Raising the Mexican Mission Passed, and That Did It-Can Be
 Reapponted

 That office was practically declared vacant today by decision rendered by MT. Holmes Conrad, solicitor-general for the United States and acting attorney general. Mir Ransoms incumbency was declared to be contrary to the federal constitution, and the acting attorney general sustained the action of Thomas HolcombS auditor of the treasury for the state department. in declining to pass favorably upon MT. Ransom's 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 MT. Ransoms appointment to the MeXi- can mission in view of the existence of section 2, article 6 of the constitution, which declares that no "senator or rep resentative 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 been created or the emoluments whereof shall have been increased during such time.
 This provision apparently fitted the case of MT. Ransom, for he was nomlna- ted by MT. Cleveland and confirmed by the senate before his term of office as senator from North Carolina had ex- pired, and during that term the salary of the Mexican mission had been in- creased S5000 year
 MT Ransom was elected to the senate in 1873 and served continuously from April 24 of that year until February 25, 1895 when his nomination to the Mexican mission was sent to the senate and inn mediateIy confirmed by that body and until the 4th of March, when his term ex- pired and his commission as minister to Mexico was signed by the president. He was a member of the senate when the .1,.. Ff,1a1fi q f n bill was passed, which contained pro vision raising the post of minister to Mexico from a mission of the second class to a mission of the frst-class, ana increasing the salary of the office from SIP. .500 to $17,500 year.
 It is due to MT. Ransom's occupancy of seat in the senate chamber at that time that he is today without an office and that he is technically debtor to the government for the amount Of sal ary he has drawn since assuming hls diplomatic post. Whether or not he voted in favor of the increase IS or 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 legal manner any federal civil office, which shall have been created or the emolu- ments whereof shall have been in- creased during the time for which he was elected senator.
 Soon after MT. Ransom's appointment to the Mexican mission there was consid- erable discussion in newspapers ana among public men as to whether ms ln- 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 gov ernment the status of MT. Ransom was not impaired. So far as can be ascer- tained MT. Ransom continues to draw his salary of ST, 300 per year, but 1t was only recently that Auditor Holcomb, when he came to pass upon the account of the minister, found himself unable to de- eide whether he could approve the pay ment of MT. Ransom's salary, in view of the fact that he had been member of the senate when it was increased. The matter was accordingly submitted to the attorney general for an opinion.
 The opinion rendered today by the act ing attorney-general also disposes of an other matter in which MT. Ransom was peculiarly interested. Nearly three months ago he returned to the United States quite ill, having leave of ab- sence of sixty days. He spent most Of the time reeuperating in the mountains of North Carolina and then obtained an additional leave of thirty days. Under the regulations of the diplomatic service MT. Ransom was entitled to sixty days annual leave stHu tO thirty QelyS oiSA leave additional a total of ninety days.
 There is no provision for further ex- tension for any reason and diplomatic and consular offices who have exceeded this quota have not received pay for the period they remained away rom thelr posts MT. Ransom's 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 ne- cessity for nor opportunity of 1t in MT. Ransom's case, as the attorney-generals decision diSposes of everything relatlng to his emOluments.
 Mr Ransom succeeded Hon. Isaac P. Gray, ex-governor of Indiana, who had died a 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 ill. The high altitude of the Mexican capital had affected his heart and accentuated a trouble from which he had been suffering for many years MT Ransom was i'll most of the time he was in Mexico, and was advised by his physician to return to the United States for treatment and re- cuperation. Following this counsel he came to North Carolina in May and has been at a health resort in that state and in his home in Weldon most of the time since He is now at Weldon.
 While at Washington last week the minister paid several visits to the state department with reference to the aues- tion raised by Auditor Holcomb. Just before returning to North Carolina he said his health had improved sufficiently to permit him to go back to the City of Mexico.
 The constitutional provision through winch MT. Ransom has been deprived of office does not debar him from being re- appointed to the Mexican mission. He could have been appointed without viola tion of the law or constitution at any hour after the hour of noon, March f. when his senatorial term expired. It is believed that President Cleveland will upon being officially notified of the con dition of affairs, reappoint MT. Ransom to the office to which every senator united in asking the president to do last winter