The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-05
The Trustee OF the Saddle

The Trustee OF the saddle.
Among the arrivals at Oyster Bay ON
the eve Of Independence Day, besides
Senator BEvERIDGE and a cloud Of mos
quitoes, was the bearer of splendid
silver-mounted saddle of the best Berber
style, gift to the President Of the United
States from his great and good friend
and admirer, MULEY ABD-EL-AzIz, Sui
tan of Morocco.
For time, therefore, Mr. ROOSEVELT
becomes the trustee or custodian OF an
article of personal equipment intended
by the donor for his personal use and
enjoyment, but which he is prohibited
from accepting by the fundamental law
Of this Republic. The Constitution pre-
scribes, in the ninth section Of Article l:
No person holding any once of prohs or trust
under them THE United States shall. without the
consent OF tho Congress, accept OF any present
em0lument once or title, Of any kind whatever
from any King. Prince or foreign State"
The prohibition is positive, compre-
hensive, conclusive Itapplies to saddles
as well as decorations intended to be
worn on the breast or at the neck or
around the calf of the left leg. 1t APP
plies with equal force to the President OF
the United States and to the marines
who stood behind the Kaiser's chair at
Kiel, and who were properly prevented
by Admiral COTTON from accepting
the imperial gifts which WILHELM de-
sired to bestow upon them in recognition
of their gallant appearance.
Furthermore, although MULEY' 8 saddle
may remain physically in the harness
room at Sycamore Hill, it would seem le-
galy and morally to be in the possession
the Department Of State; for the Act OF
Jan. 81, 1881, provides as follows:
That hereafter any present, decoration. or other
thing which shall be conferred or presented by any
foreign Government to any officer Of the United
States. civil, naval or military. shall be rendered
through the Department of State, and not to the
Individual in person: but such present. decoration.
or other thing shall not be delivered by the Depart
ment OF State unless so authorized by act OF Con-
gress."
A very novel and interesting question
of law here arises. There is no doubt
that by special act the Ffty-eighth Con-
gress NAV authorize the President to
accept this magnificent product OF the
art of the leatherworkers and silver
smiths of Fee or Morocco; but when that
permission has been given, either at the
regular session in December, or at an
extraordinary session called earlier for
that purpose among others, can Mr..
ROOSEVELT even then, wear the saddle
upon his person without violating the
law as it stands? Here is Section 2 of the
Act of 1881:
That no decoration. or other thing. the accept
ance of which Is authorized by this act. and no
decoration heretofore accepted or which may
hereafter be accepted, by consent Of Congress.
shall b. publicly shoun opposed upon the person
of the ofncer so receiving the same"
The question Of the saddle which Mr..
ROOSEVELT now holds as representative
of the State Departm ent pending the
action Of Congress is not SO simple as it
probably seem ed to his great and good
friend MULEY ABD-EI.-AZIz when he sent
the padded luxury to Oyster Bay.
Not only must there be a special act
of Congress before Mr.. ROOSEVELT can
consider the saddle as his personal prop
erty and proceed constitutionally to use
and enjoy il AZ such, Apparently there
must also be general legislation amenda-
tory of the law of Jan. 81, 1881, before the
masterpiece can be legally exhibited in
public in immediate connection with the
Presidential bifurcation.