Year: 1873

THE TREASURER WRONG IN HOLDING THAT BACK


PAY CANNOT BE LEGALLY RETURNED-No con-


SHERATON NEEDED-THE COURSE OF CONGRESS


MEN CLEAR.


TO the Editor Of The Tribune.


SIR: Did our excellent Treasurer Spinner


mean to be acetious in his letter yesterday to Mem
ber OF Congress- advising him Of the difficulty OF return
ing back pay3 He evidently so when he says, III
is possible you might dvest yourself by last VIII ana
testament, stating, as consideration, the love and
affection you bore your native land" Certainly ones


love for country ought TO be such that he would be
unwilling TO put one dollar in his pocket at the cost
OF thousand TO the Treasury; and an agent charged
with the Of the public interest bound TO consult
before his own, would not vote as to put his own


thousand times before hs counrys interest Love and
affection for his native land might lead testator 70
bequeath money to the Government which he had not
made out Of it; and certainly he might so will his oil
without expression of such Glove and Affection and
without assigning any reason whatever.


But 70 restore to the United States corporation ts
own to allow money to remain IN the Treasury on tne
ground that such money belongs there and not to the
members eschewing it, requires no expression OF con-
sderation, as Mr. Spinner man OF sense, must GER
tainly know The grim joke that the Congressman must
await his own death to reach the possibility Of being
able to decline that which he don't want and which he
admits not 10 be his, might excite SMILE but for the
serious fact United States Treasurer evidently
seeking discourage the refusal OF back pay, and at
tempting crafty Congressman in their assumption OF
simplicity by magnfying the difficulties OF the case.
Mr. Spinner has long been connected with the Treas
ury that he to think the regulations OF that
Department to have the force Of statute law. Rules


made for convenience sake. govern the bureaus to
guide the various clerks and employees and to facilitate
the keeping accounts Of the auditors become to
him. after acting under them for sacred as
the jurisprudence of the country IT, under those rules
he sees anything novel in attempting to cover into the
Treasury" any part Of amounts set apart to meet
appropriations he concludes that the Governmental
corporation, as a whole, cannot legally receive
any such money. He views the different
deparments OF the Government distinct Judicial per
sons and thinks should he legislative action
TO enable the Executive Department TO retain funds
which Congressman expressly refuses 10 take out the
right TO which he discaims J


But Mr.. Spinner admits that he is no lawyer-an
admission unnecessary those who read his etterand
he cites decisions Of the first Controller Of the Treas
ury Secretary Of the Treasury as his authority
for the legal advice he gives the Congressman. The
former has decided he says, that money heretofore
close present fiscal year ending June SO 1874 for
the pay Of salaries and members OF Congress cannot
holds" he says that the appropriation s an indie
pendent and like that for the payment OF interest
the public debt ALWAYS remains for the purpose for
which IL appropriated and that therefore there IL
no authority for covering it into the Treasury 1t may
come under no regulation Of the Treasury Depart
ment 10 into the Treasury appropriations that
have been refused but moments reflection must
NNS"
not ipso Jdeto put money out OF the Treasury.
An SP an G S sGDe PE S
the money in the Treasury till paid The Secretary Of
nsn ~ the back nay to any one notwhstanding the
appropriation and had the court made the injunction
absolute as should and probably would have done,
the legal ground that the members Of Congress had al
ready paid for the past tme had ecepted 1t fully
and that Congress has constitutional power make
donaons-east of all donations to themselves and that
the section of the act granting addtional sums are
therefore null and void, would not the appropriation
hands the United
And IL Mr.. Spinner could md no Treasury regulation
assigning it TO particular subdivision OF the public
chest is Il not that it would nevertheless belong
to the general fund.- Doubtless there is DO authority
for covering into the Treasury" back pay simply
remains undrawn, and which may called for here
after but there be difficulty IN deciding that the
money is the Governments, covered OF uncovered,
till actually paid And when a member of Congress
declares that he abandons all claim to s donation or
back pay" he is cut off from any future claim just


as much as if the had decided that he is
titled to it, In either case the money is the Govern
ments. Notwithstanding any novelty in the formality
of entering IL upon the books


No member of Congress who really wishes to decline
his unlawful back pay need find any difficulty than
he would In refusing collect of his neighbor fraud
ueDt claim. He may simply let 1t alone. To prevent
himself from changing his mind and claiming 1t here
alter and to prevent his heirs from collecting it after
his death he only to declare that he has right
claim to T. For % U pgoS . MN IL say 50 In
to Spinner, and that excellent officer viii longer
tary in his way Even interest the public debt may
abandoned to the Government Tor 10 private indi
ydua and il needs no statute to enable the Treasurer
TO receive a donation OF billion, without consdera
tion without Glove and Affection, or any other thing
hui the act Of giving. Senator Sherman's action,
in drawing his portion OF the illegal appropriation
and handing it TO the Treasurer TO be covered In,
followed by q similar the part OF other Sena
tors and Representatives nanifestly a work Of
approximation, since written disclaimer would have
been a complete estOppel from future collection.
and at the end of the fiscal year, IL would have been
covered in" as an unexpended balance. But this
course is worse than supererOgaton 1t is assertion
OF right TO draw money frauduently appropriated to
pay debts already pad-hnaly settled II Is an assuinp
tion legality sections OF statute which
null and VOID 0b tnIti0 il is the claiming merit IN the
restitution to the Treasury OF that which should never
have stained the hands Of members who knew. when
they drew It, that they could not conscientousy keep
II. Noq1arrel have /, however, about the method OF
the return long the money has been put where 1t
belongs or left there Undisurbed and nailed there by
an honest, written disclaimer Simple Congressmen
who want to do right and are inqurtnR the way, had
better publish such "a disclaimer aud rest. The we'll


tried and nuchhonorod Treasurer might encourage the


innocent ones by simply saying that he will receive for
the Government all they do MT want. W,


Rsio-Hdpen, Conn, Sept 8, 1878.