The sun., 1909-02-26
The IneligibiIity of 4. r. stewart.

The latest edition of Who's Who in
America, bearing the date Of the pres
ent yeur 1909. reports as follows concern
ing fhe contemporaneous business ac.
tivities of Mr.. FRANKLIN MACNEAGH OF
Chicago;
" Abandoned law! practice bccsuss OF ~
health snd came TO Chicago. establishing in whole
eel, k'eoeIy.at head Of which be continues"
Just forty years ago next Friday. on
the day after the Inauguration of Gen
erar GRANT for his first term as Presi-
dent. he sent to the Senate the nomina-
tonS,f ALEXANDER r. STEWART to be
Secretary of the Treasury. The APP
pointment OF the great wholesale and
retail dry goods merchant Of New York
was immediately confirmed by the SEN
ate. along with the rest of GRANT 3
Cabinet nominations. Soon after there
came Unexpectedly to the notice of
the President. Of Mr.. STEWART himself
ond of citizens generally the subioined
statutory provision contained in the
eighth section of the Act of September ?.
liS0, establishing the Treasury Depart
ment.
No ptTson appointed to any once Instituted
ny this act shall dlrecuy or indirectly be con.
rsrnod or Interested in carrying on the business
Of Irsds or commerce.
There was more in the section in the
way Of limitation. blu the foregoing pro-
vision is all that need he cited. The dis
covary OF Mr.. STEWARDS legal disquali-
ication for the Office of Secretary of the
Treasury while continuing business pro-
duced a sensation which had no prece-
dent and has had no parallel subsc-
quently until the singular case of the
constitutional ineligibility of Mr.. KNOX
required the ingenious remedial efforts
of the Congress. Mr. STEWART, how
ever. had actually been appointed and
confirmed when the legal obstacle was
first discerned.
To overcome the disqualification
President GRANT sent a message to the
Senate requesting that Mr.. STEWART
he exempted. by joint resolution of
the TWO houses. from the operations"
or the Act OF 1850. This was on March 6.
Senator JoHH SHERMAN introduced a
hill repeating the inconvenient pro-
vision Of the old law Mr.. SUMNER
objected 10 its present consideration
and the bill was laid over. The con-
isnlplatsd repeal was not then effected.
we believe II has never since been
effected.
u had also been suggested that the
legal ineligibility of Mr.. STEWART might
he removed by his withdrawal from all
psrticipatiop in the profits of his vast
business He was willing and anxious
10 make this sacrifice in order 10 serve
in General GRANTS Administration. !
hut the measure was deemed made !
qGa,e. At the Presidents request MIR. |
STywART wrote three days later letter
rcsiCning or declining The Office to
which ne had been appointed and con-
frncd He said:
Coulj ~ difficulties presented b. the pro
,'y6ny OF inc NJ .: iTSo. which 10 organizing the
department oi r- Treasury prohibit the Secre
;ISy from h'ius dire 'ty or indirectly concerned /
o. Interested IN carrying on the business Of trade
Ur commerce, he overcome by any reasonable !
hcdice personal ~ my sef would gladly make
i,. I woulG promptly transfer 10 'fe hand. OF
pcuuenen IN whom the public have frt conn.
deuce every interest IN The gain, and pron,,
thst cpalj possibly accrue 10 myself 10 IN. husI
mss ~ n house dVrius m o~c,sl term,
hut serious differences ~ opinion have been -
pressed IS 10 uhetaer 'hat ours' would satisfy ,ht
requirements of IN. law rsnnot con
,-nt 20 enter uno- th- 81 niulsiraro NJ laws by
any act o, course ma M, hc construed into
disregira or 'loa'cr of lav and whl. there i
tore. regret hat tnr plan proposed IL deemed
tnAdeeuete 10 reliev- 'ne from Legal and a. u A
teens TO me technical dSahNi'Ic'. ,icld TO the
h-tl.s 'utrren' ~ o'hrrS rather than seem IN
ee ptIl,nt N '~crr' thr position in dl~rp,pc,, -
rv~
SO Mr. STEWART stepped aside. for
the reasons stated, and NIr. BOUTWELL,
of Massachusetts was nomns ted and
confirmed as Secretary
SNe assume that Mr. TAFT has not even
been considering as q possibility the
= appointment Of Mr. FRANKiIN MAC .
NEA6H ot Chicago. that estimablc gen
tieman and most reputable merchant.
without having first satisfied himself
that the state of facts and law in the
preaeil, case will he such a. 10 require no ,
remedial legislation il Mr.. MACyEAGY
anou!d finally be his choice for Secre-
tSry of the Treasury.