Omaha daily bee., 1906-10-25
rAcrs ARour FoLLANp.s sArAnY
Congressrsn from FIRST District
Drew nnTv VTlu Due

Congressman from First District
Drew Only WIS Due.
LINCOLN. oct. eL-Chairrlan Teegarden
Of the First district congressional repub-
hcon committee has been sending out
circular letter to voters replying 70 at
taciS5 made on Cougre ssinsn Pollard In con-
nection with his Faiarv. Mr. Teegarden
cites the rules OF congress end the statute
OF the United States on the topic, showing
that Air Pollard merely conformed to the
rules and the law ~ his action. and violated
no precedent whatever $50.
The circular sets forth this fact: Senator
Burkett did not resign his seat in the
house until March 4. 1895, when the va
concy occurred To M this vacancy Mr..
Pollard WAS elected. The rules Of the house
and the law Of the United states provide:
when member Is elected TO Ill q
vacancy caused by death or resignation. his
salary is computed from when the vacancy
occurs The clerk Of the house Of rep
resertatives az Washington writes TO MT.
Pollard In regard TO YOUR pay. YOU
only received what. you were clearly en-
titled 70 both in law and in equity and
all precedents arc in YOUR favor" The
sergeant at arms of the house. who is
the. dis6ursing officer Of that body, writes
to AIR Pollard. Permit me to say that
you were paid salary from March 4. 1905,
under the customs and rules uf the house
OF representatives IN all like cases"
THE court of claims OF the United States,
passing on a similar claim, says: Re
ferring now to the words OF the statute.
we find that they refer to other vacancies
than those caused by death; whenever
vacancies, occur by death or otherwise
are the words Vacancies nsy occur by
death, resignation or expulsion; they may
also occur by action Of the house. and the
term otherwise is a comprehensive one
intended to cover all other causes The
statute does not make an indiscriminate
provision for the payment of members of
congress. 1t apportions one salary to each
district OF seat. and its plain purpose is
that the whole of that salary shall go
to the member of successive members who
represent that district or occupy that seat,
and that no part OF the salary shall fall
back into the treasury"
In another case which was passed upon
| by the court of claims, and in which this
same language was used. appeal was taken
| to the supreme court OF the United States
/ and the decision Of the lower court was
sustained. The Teegarden circular goes on:
In brief the situation is simply this:
/ The salary OF congressman is dved nv stat
! ute, and If the congressman Is paid the
salary fixed by the statute it can not be
/ morally wrong since It Is legally right,
unless the democratic nominee contends
that congressman should be paid on a
basis of the value of their services and
not as provided by the statute, in which
| event democratic congressman would
! have difficulty in establishing his right or
claim to any salary. IL Is quite generally
| known that the present administration
has been busy doing things for the general
good Of the people, and a democratic con-
gresham from this district at this time
would be in the way, No one claims that
he would help the president or congress in
the work to be done. 1t must be admitted
that he would be in the way of getting
the work done. and for that service, il he
| would not avail himself Of the statutory
salary, he would not get any salary.