The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-23

Probably the Senate did right in adopting
the resolutions calling on the secretary of
war for information relative to the charge
that certain United States army officers
performing civil duties in Cuba are receiv-
ing extra pay. We say probably. because
there is an aspect of the case that makes
IL doubtful whether Congress has any juris-
diction of the matter The situation In
Cuba is entirely different from that In
Porto Rico. Neither the Constitution nor
any Of the laws of the United States apply
in Cuba. and Congress has no more right
to legislate for the island than II has for
Jamaica or Gibraltar. The work which the
President is doing there is by virtue of his
office as commander-in-chief of the army,
and the powers he is exercising are nee
essarily arbitrary and discretionary. The
situation is without precedent, the position
of the President is without precedent, and
many of his acts must necessarily be so.
If Congress had not intended that the
President should assume responsibility IL
should not have declared war against
Spain and given him unlimited power, as
IL did, by resolution. ito the entire land
and naval forces of the United States to
such extent as may be necessary to carry
these resolutions into effect" When Sena-
tor Daniel of Virginia, asked in the run
ming debate in the Senate, do not the acts
of Congress control in Cuba?" he showed
his ignorance. and Senator Plat was ex-
~. TT.
fore. it is very questionable whether Con-
gress has any right to NEEDLE with the
Presidents administration of affairs in
Cuba pending our temporary occupation of
the island
But. waving this point 1t was probably
well enough for the Senate to adopt the
resolution of inquiry. This Is the peoples
government. and, as a rule, unless public
interests forbid, they have right to know
how il is being administered and what is
going on. Especially have they right to
know If any fraud or wrong is being per-
petrated. Publicity is a great preventive of
wrongdoing. and it is always in order to
turn on the light. In this case there has
been no violation of law, and 1t Is evident
there is no ground for the charges regard
ing IAN army scandal" etc. This is what
has been done. A few officers, detailed
by the President to perform important and
onerous civil duties in Cuba, have been
granted extra allowances out of the Cuban
revenues In addition to their regular pay
as officers. If they had been paid two sal
aries out of the United States treasury
that would have been a violation of law,
1t being forbidden by act of Congress.
Neither could they have been allowed extra
pay for the duties performed in Cuba If
the island belonged to the United States.
But that is not the case, and the extra
pay allowed them, whatever it amounted
to. was part of the legitimate expense of
administering the affairs of the island.
payable out of its revenues, during our
temporary occupation. AS the officers were
necessarily under considerable extra ex-
pense, not to speak of the important civil
duties they were performing, an allowance
OF extra pay seems both just and proper,
especially as it came out of the island rev.
enues and the pockets of the people for
whom the services were being rendered.
There will be much quoting of the law
which forbids any officer of the United
States, either civil or military. from draw
ing two salaries or receiving extra pay for
extra duties, but this law applies only to
payments out of the United States treas
ury. In the present case there has been no
violation of law, and fair-minded people
extra allowances were only made to four
officers. and aggregated only about $4,000
a year. even the Cubans have not much to
complain Of