Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-08-03

sition held by Mr.. Gannett is an office
within the meaning OF these laws. If either
Is not an Office. the status of the other
would not ordinarily have to be considered,
but l find that more orderly and salts
factory examination of the question can
be had by considering both positions.
On March Is. 1899. Mr.. Gannett held
position in the Interior Department under
the following appointment:
DEPARTMENT OF THE INTERIOR,
Washington, June 49, 1896
Henry Gannett of Maine is hereby ap-
pointed a geographer in the geological sur
vey at a salary OF thirty-six hundred dol
lars per annum, to take effect July 1, 1895,
by transfer from chief topographer, at
5000 Temporary nHny = fe sTiru s.ou..
On that date he received from you the
following appointment:
Department of the Interior.
Census Office
WASHINGTON, D. c., March Is. 1899.
Henry Gannett Of Maine Is hereby ap-
pointed geographer in the census office,
without compensation, to take effect when
he shall file the oath of Office and enter
on duty, to fill an original vacancy
NV. r. MERRIAM, Director"
In transmitting. at my request. a copy
OF the foregoing you say In your letter Of
the 18th ultimo:
This commission was issued with the
understanding on both sides that section 2
OF the act Of July 81, 1894. prohibited Mr.
Gannett from receiving the salary attach
ed by Congress to the position of geogra-
pher. The commission accordingly was
made to read without compensation In
case l have mistnterpreted that statute,
and on that point l have asked you to
rule, | presume that / have authority to
substitute for the commission, a copy of
which Is tnclosed. another commission dat
ing from the time your decision is received
and reading at an annual salary of 81 800
In case ! have mis,nterpreted that statute
l may also be bound to pay him arrears Of
low 49, 1sr~~r
mission which has been issued him. On
both of these points have the honor to re-
quest a ruling"
Geological Survey Appointment.
The general provision of law to which
you refer In your first letter as the author
ity under which Mr.. Gannett was appoint
ed geographer in the geological survey is
found in the act Of July Z, 1884. and is as
follows:
And the scientific employees Of the geo.
logical survey shall be selected by the d.
rector, subject to the approval Of the Sec
rotary Of the Interior, exclusively for their
qualifications professional experts"
The specific provision Of law under which
he was employed and paid was evidently
the appropriation made in the sundry civil
act Of June II. 1896. which provides. among
geographer at $2,7O0 and one at $500 per
annum In the geological survey
When 1t Is considered that specific pro-
vision was made by Congress in the same
$2.7OO and s.. 500. respectively, 1t Is difficult
to see in the act Of July Z, 1881. supra, or
In the above provision for the pay of
temporary employees in the field and Of
flee" any authority for the permanent en-
ployment Of a geographer at an annual sal
airy Of s. 600. especially in view of the
stringent provisions Of section Of the
act Of August s. 1882. However, the ques-
80 x6n nf NJ
ployment and payment in the geological
survey is not now before me.
Your appointment OF Mr.. Gannett as Re-
ographer in the census office was made by
virtue Of the act Of March 3. 1862 to pro-
vide for taking the twelfth and subsequent
censuses
1t is manifest that the question involved
in this case hinges on the meaning OF the
word office as used In the act OF July 81,
1894. supra II the positions held by Mr..
Gannett are both offices In tn. meaning of
that act his appointment to the office Of
geographer In the census Office was illegal;
nor do think that an appointment with.
out compensation" would cure the illegal
ity. The prohibition In ths act Is not
against receiving the compensation of the
second office. but against beirg appointed
to or holding the office IL compensation is
attached thereto
The controller then discusses me meaning
OF the word office as interpreted by the
several acts of Congress. opinions of the
Attorney General and decisions Of the SUI
preme Court. and concludes as follows.
Appointment Illegal.
1.-THE distinction between an office within
the meaning of the Constitution and one
not within Its meaning Is obvious enough
IL one Is looking for finely drawn distinc-
tions in the meaning OF the word office,
but / do not see in that word as used In
the act OF 1894 any such finely drawn or
narrow meaning. Congress was legislating
l~s til
tablish a policy believed to ba wise, and
I am unwilling to adopt q construction or
to make a ruling which will tend to defeat
that object,
free from doubt feel constrained to hold
that the appointment by you Of Mr.. GAM
nett as geographer In the csasus Office was
Illegal, and that he 10 not entitled to tDy