Evening journal., 1913-05-26
NEW NEWS OF YESTERDAY
General Spinner'S Account
Of the Back Pay Agitation
By Holland

By Holland.
The late David b Hill was elect
ed in 1891 United States Senator by
the New York State Legislature. At
that time Mr.. Hill was Governor Of
New York. His term as United States
Senator began on March 4, succeeding
his election. He, however, retained
the Office of Governor during the en-
tire year, only leaving it few hours
prior to the inauguration Of his sue
cessor, the late Roswell Pettibone
Flower.
There was then nine months when
Governor Hill was entitled to receive
salary as United States Senator,
while, at the same time, he was re-
ceiving salary as Governor of New
York. Some criticism was publicly
expressed and a good deal circulated
in private, for 1t was feared that
Governor Hill contemplated accept
ing both salaries, there being nothing
in the law to prevent his doing that
He silenced all criticism, however,
when he took his seat in the United
States Senate by instructing the sec
retary Of the Senate, or whoever the
proper authority was. to return to
the United States Treasury depart
ment all Of the salary which had ac-
cumulated between March and the
first of January following, which
q A
At that time IL was the opinion of
some lawyers that although Mr.. Hill
had covered this money i'm the treas
ury, yet either he or his heirs could
draw 1t out, If so disposed, for it still
stood as a credit to him.
While this discussion was in prog
ress asked the late Noah Davis.
who was for many years chief Justice
OF one branch Of the Supreme Court
Of New York State, what his opinion
was respecting the ability of Mr.. Hill
or his heirs to withdraw that money
from the treasury.
Instead of answering me directly,
Judge Davis narrated to me an anec-
dote which he said was told to him
by General Francis Spinner, who was
treasurer of the United States fer
nearly fifteen years. beginning with
President Lincoln's administration.
General Spinner told me-" said
Judge Davis, that while he was
treasurer OF the United States there
were innumerable attempts to get
money out of the treasury but only
one voluntarily to get money into it
He said, Judge, you remember what
row was stirred up because Con-
gress, about 1871, adopted a reslu-
tion by which the pay Of members of
Congress WAS increased from $4,000
to $4,000 year.
I'm addition to this increase, the
resolution made the increase retro
active Therefore Congress- not only
got the increase of $4,000. but the in
crease dated back to the beginning
of that Congress That gave TO each
member about $4,000.
Well great cry went up
through the country. congressman
were called salary grabbers and back
pay robbers. A good many of the
members of Congress got frightened; T;
they were afraid these charges would
cause their defeat for reelection.
They did not know at first what to
do. At last somebody suggested that
this back pay be returned TO the
treasury department
"I remember that Senator ,Iohn
Sherman was especially worked up
about this. He came to see me, to
find out how he could turn into the
treasury department the back paw.
about $4,000
"I looked up the law and told
him that there was nothing to pre-
vent his turning the money in. but il
would be his money just the same.
and the treasury department would
be no more than its custodian.
He asked me If at any time he
could draw IL out or If his heirs could.
] told him it could unquestionablv
be done. The treasury department
would have to honor his draft for the
three thousand dollars. He told me
that he should return the money, and
he was certain that neither he nor
any Of his heirs would ever ask for IL.
Well. members of Congress made
my life miserable for many of them
came TO see me about the matter, and
/ could not tell them anything diff
ferent from what | had told John
Sherman.
good many of them did return
their back pay into the treasury de-
lhNAhfiNf anu IL Was Anfit MHtM I
resigned. Unless Congress finds some
way to cover it absolutely and perma-
nently in the treasury department,
there his back pay will stay until
doomsday, or as long as the treasury
department lasts. unless by and by
when the storm blows over, Congress
men venture to draw it out
81 never knew" continued Judge
Davis. whether legislation was OBJ
tanned or any ruling by which this
back pay or by which the salary
which Governor Hill returned to the
| treasury department passed absolute
| ly into the treasury department"
! Copyright. 1913. by f. j. Edwards
All rights reserved.
Tomorrow Mr.. Edwards will tell o
THE Virginian Who Was True to His