The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1925-03-09

Virginia legislators Action
Raises PerpIexing Legal
Question

One of the strangest legal tam
giles ever known on Capitol Hill
may follow the refusal Of Con-
gresham Henry st. George Tucker
q Lexington, Va to accept the
$500 : year salary increase voted
BY the Senate and House, it be-
came known today.
The question Of whether mem-
Der Of Congress can refuse to ac-
cept the salary offered him By
law viii be referred to the Comp
troller General Of the United
States, who is expected to make
q ruling this month. Under the
law Congressman Tucker may be
forced to accept the increase,
which has been ordered paid by
the highest law Of the land and
which cannot be extended for any
other purpose.
Wanted . Record Vote.
Congressman Tucker opposed the
legislative rider providing an in.
crease OF the salaries OF Senators
and Congressman from $500 to
$4,000 when It was called up on
the floor of the House. At that
time he voiced his regret that no
opportunity would be given for a
record vote.
Al few days later he obtained con-
sent to extend his remarks In the
Congressional Record and published
q statement criticizing the action or
Congress in slipuing the increase
through without warning and with
out giving members an opportunity
20 90 on record.
1t was learned today that Con-
gresham Tucker has written to
Joseph Rodgers. segeant-at-arms Of
the House. who has charge Of pay
ment Of salaries to members. direct
ing that his monthly pay check be
continued on the old basis Of 81
500 a year and that the 81 500 be
returned to the Treasury.
Grandfather Acted Same.
This unusual request recalls the
action Of the Virginia Congress-
mans grandfather, for whom the
present Congressman Is named. In
1915. while member Of the House,
fuckers grandfather voted against
. pay increase to So a day for mem
bers Of the House, cIimaxing his
opposition by refusing to take the
increase. 1t has not yet been
learned how the question was set.
tied at that time.
Sergeant'at-Arms Rodgers feels
that he is compelled by law to pay
the fun salaries ordered by law and
VIII make out Congressman Tuck
erss check for the same amount as
other members unless authorized bv
higher authority to comply with the
request.
He holds that Congressman Tuck.
er must accept the Increase and
then II he still entertains scruples
against keeping it he may return
the amount Of the increase to the
United States Treasury thereby
keeping the official records clear.
First Checks Payable April. 3.
The first pay checks carrying the
Increases authorized by law which
was signed by the President just
before the expiration of the Sixty
eighth Congress at noon Of March
4. will be payable April 8, il was
stated today by the sergeant-at-
arms. The matter, he said, will be
referred to the office of the Comp
troller General for a ruling before
that date.
The action of Congressman
Tucker in rejecting the increase is
based upon the same grounds as
the objection of Congressman
Everett Sanders Of Indiana, who
became secretary to President Cool
tdge on March f. Congressman San.
ders objected to the increase on the
ground that the law prevented his
acceptance Of a salary increase
voted by a Congress of which he
was a member.
Congressman Sanders objection,
however, aroused no legal question.
He registered his objection before
the matter came to a final vote in
the House and, In difference to his
wishes. the House amended the
rider so as to continue his salary
1T the former figure. $500. 1t is
expected that this salary will be In
creased to $4,000 by the next Con.
Gfeeg.