The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-05-09
CRUM TURNED DOWN.
His Claim for Fees and Commits
siOns Not Allowed.
BY r. NJ. Larner.

Washington, May s. - Collector
Crum's demand upon the Secretary of
the Treasury for his April salary, in
the shape of commissions and fees, has
been turned down by the accounting
officers of the department.
When Crum was struggling for a
place at the public crib, he declared
that it was not the compensation of
the office, but the glory of being a fed
eral officer that he Was after. These
fees and commissions do not amount to
a great deal, but under the ruling of
the Treasury Department, Crum
will receive no pay until he has been
confirmed by the Senate. Should be
not be confirmed at all by that body,
he will never receive a cent for his
services, unless Congress. by special
legislation, should provide for such
payment.
In submitting his accounts to the de-
partment for the month of April,
Crum included the fees and commits
sions to which he is entitled. The de-
| partment has written him that these
fees will have to be withheld, and calls
his attention to Section 1,761 of the
Revised Statutes, which is as follows:
mo money shall be paid from the
| treasury, as salary, to any person ap-
| pointed during the recess of the Sen
ate to fill a vacancy in any existing
| office if the vacancy existed while the
| Senate was in session, and as by law
required to be filled by and with the
/ @Jrvtz i 3 1,
| til such appointment has been confirm
| ed by the Senate"
History of the appointment.
| The vacancy in the Charleston col
| lectorship began last September. 1t
was not filed until the Senate met,
when the President sent to the Senate
| the name of DR.. Crum. The Senate
| failed to confirm the nomination. When
| the extra session met the nomination
was again submitted to the Senate, but
| failed on action by that body The
vacancy, therefore, existed while the
Senate was in session; although tech
nically speaking, it existed prior to the
assembling of Congress.
Under the ruling of the controller and
others, Crum could have been paid his
fees had the President appointed him
when the vacancy was first created.
This would have been the filling of a
vacancy when the Senate was not in
session.
The controller OF the treasury and
the auditor of the department have
passed upon this same form of claim
number of times before. Mr.. Trace
well, the present controller of the
treasury rendered a long opinion May
9, 1899, in the case of Hamilton G.
Ewart, who had been appointed a judge
of the Western District of North Caro-
lima but whose nomination, several
times submitted to the Senate, failed
of confirmation.
A Precedent Is Found.
In this case, however, Mr.. Ewart
first assumed the duties of the office
during a recess of the Senate, and the
Controller held that his salary could
be paid him. Mr. Ewart took charge
July Is, 1898. His name was sent to the
Senate the following December, but
former Senator Marion Butler made
such a fight on the nomination that
no action was taken. April 49, 1899,
President Mckinley issued another re-
cess appointment to Mr.. Ewart. The
vacancy in the judgeship had really
existed prior to the first appointment,
inasmuch as Mr.. Ewart's name was
first sent to the Senate, Jan. 10, 1898,
but he did not attempt to take the
kOSItlOIlJ pSllu1llS dCllOn ny the Sen-
ate.
Judge Dick had resigned to take eff
feet upon the appointment and quail
ification of his successor, but as the
Senate failed to act Judge Dick held
the place and performed the duties un-
til July Is, 1898, when Mr.. Ewart be-
gan the performance of his duties.
So far as the salary was concerned
the vacancy did not exist until the re-
cess of Congress. That is what gave
Mr.. Ewart his salary. If he could have
entered upon the duties when his name
was first sent to the Senate he would
not have been entitled to the salary
The Controller held that there was no
vacancy until the resignation became
opera tive. In the Charleston collector
snip the recess vacancy was not filled
and the vacancy existed when the Sem
ate met.