Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-08
CRUM'S FEES,WITHHELD
NOTIFICATION SENT TO HIM By
THE TREASURY.
Was Appointed to thenvacancy Which
Existed While The Senate
,lH
Was in Session.

DR.. w. HI. Crum, the eolored collector Of
the port Of Charlest6h,i s. c., has not only
had a hard time alt the way through his
connection with the {: position. but the.
Treasury Department has added to his
troubles by declining to pay him the fees
and commissions attaching to his office for
the month Of April. These fees and COM
missions do not amount to a great deal,
but under the ruling ofsthe Treasury De-
partment. DR.. Crum VIII receive no pay
until he has been confirmed by the Senate.
Should he not be confirmed at all by that
body he will never receive a cent for his
services unless Congress by special legis-
lation should provide for. such payment.
In submitting his accounts to the depart
ment for the month of April DIR. Crum In
ciuded the 1ees and commissions to which
he Is entitled. The department has written
him that these fees win have to be with
held. and calls his attention to section 1851
of the Revised Statutes, which Is as fol-
lows: mo money shall be paid from the
treasury. as salary, to any person appoint
ed during the recess of the Senate, 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 advice and consent of the
Senate until such appointment has been
confirmed by the Senate
= oAASA Va SOuAIudIlOns
The vacancy in the Charleston collector
ship began last September. 1t was not filled
until the Senate met, when the President
sent to the Senate the name of DR.. Crum.
The Senate failed to confirm the nomina-
ton When the extra session met the nomi-
nation was again submitted to the Senate,
but failed Of action by that body. The
vacancy. therefore, existed while the Sen
ate was in session, although, technically
speaking. 1T existed prior to the assembling
of Congress
Under the ruling of the controller and
others DIR. 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 vacancy when
the Senate was not in session.
The controller of the treasury and the au-
ditors of the department have passed upon
this Same form of claim number OF
times before Mr.. Tracewell, the present
controller of the treasury, rendered long
opinion May 8, 1899, in the case of Hamilton
G. Ewart. who had been appointed judge
of the western district of North Carolina,
but whose nomination, several times sub
mitted to the Senate, failed of confirmation.
The Ewart Case.
In this case, however, Mr. Ewart first
assumed the duties of the office during
recess of the Senate, and the controller held
that his salary could be paid him. Mr..
Ewart took charge July IL, 1898. HIS name
was sent to the Senate the following De-
cember. but former Senator Marion Butler
made such fight on the nomination that
no action was taken. April 13, 1889, Presi-
dent Mckinley issued another recess ap-
pointment to Mr.. Ewart. The vacancy in
the Judgeshp had really existed prior to
the first appointments iHasmuch as Mr.
Ewarts name was first sent to the Senate
January Ii, 1893, but he did not attempt to
take the position, pending action by the
Senate. 4f->
Judge Dick had resigned to take effect
upon the appointment and qualification of
his successor, but the Senate failed to
act Judge Dick held the place and per-
formed the duties until July 10 1898. when
Mr.. Ewart began the performance of his
duties.
So far as the salary. was concerned the
vacancy did not exist until the recess of
Congress-. ri eii~ ~
That ISL what gave Mr. Ewaart 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 sal
airy The controller held that there was no
vacancy until the resignation became op-
erative. In the Charleston eoiectorship
the recess vacancy was not filed. and the
vacancy existed when the Senate met