Imágenes de páginas
PDF
EPUB

second lieutenants in the regular army. of the act there is no such obstacle.

But in construing section 7 Moreover, both of these statu

tory provisions affect the President's appointing power and should be construed most favorably to it. Such was the construction placed on section 5, supra, and such is the construction suggested for section 7. Before this legislation no restriction in the matter of the age of appointees for the offices of judge-advocates, paymasters, and chaplains was imposed on the appointing power, and legislation to that effect should not be construed as creating any further restriction than the actual language demands. Held, therefore, that a person holding a commission as major and paymaster in the volunteer army who is past the age of forty-four years is eligible for appointment as major and paymaster in the regular army. Card 6553, June, 1899.

APPROPRIATION.1

434. It is a familiar general principle adopted and acted upon in the executive departments that appropriations made in conformity with estimates, and based upon them, imply an authority to expend the appropriated funds for the articles designated in the estimates and a legislative sanction of the objects for which the appropriations were asked. LI, 666, May, 1887; 41, 105, May, 1890.

2

435. Estimates may be a legitimate means of construction of appropriation acts based on them. But an appropriation cannot be construed as appropriating for a certain article specified in the estimates, unless it either names that article or designates a class of objects within which it may be fairly and reasonably embraced. In the latter case it may be presumed that Congress had in view the particular article. and intended to make provision for it. 54, 112, June, 1892.

436. An appropriation made for a particular fiscal year is available, for the payment of proper charges against it incurred during that year, for a period of two years after the expiration of the fiscal year. It then lapses and is no longer available. 63, 337, January, 1894. Thus, where the annual Army Appropriation Act, of June 13, 1890, making appropriations for the fiscal year ending June 30, 1891, appropriated as usual a certain sum for "barracks, quarters and other buildings," held that, to have the benefit of this appropriation for the repair and reconstruction of the public buildings at Jefferson Barracks,

1

As to appropriations by implication, see 4 Comp. Dec., 325; 6 id., 514. 2See Ohio v. Thomas, 173 U.S., 276-282.

3See 6 Comp. Dec., 912.

*See 1 Comp. Dec., 170; 2 id., 547, 615; 3 id., 41, 623; 4 id., 553; 5 id., 318; 6 id., 815, 898.

Mo., it would be necessary that such work should be contracted for within that fiscal year, and that the funds appropriated should be availed of and expended within two years from the date of expiration of the fiscal year. 49, 320, October, 1891.

437. Section 3690, Revised Statutes, provides that "all balances of appropriations contained in the annual appropriation bills and made specifically for the service of a fiscal year, and remaining unexpended at the expiration of such fiscal year, shall only be applied to the payment of expenses properly incurred during that year, or to the fulfillment of contracts properly made within that year; and balances not needed for such purposes shall be carried to the surplus fund. This section, however, shall not apply to appropriations known as permanent or indefinite appropriations." Held, with respect to this section: (1) Where supplies are both ordered and delivered within the fiscal year or a contract is made providing for their delivery within the year, the appropriations for that year are chargeable therefor, unless it clearly appears that the amount was manifestly and largely in excess of the needs of the year, including in such needs the keeping of a reasonable stock on hand. (2) Where a contract is made within the fiscal year providing for deliveries within the year, the appropriation for that year would be chargeable therewith even if the actual deliveries were not made until after its close, subject to the limitation stated in (1). (3) Where a contract is made within a fiscal year, providing for delivof supplies to begin in that year, and the deliveries are completed after its expiration, the appropriation for that year would be properly chargeable, if it appears that the supplies delivered after the expiration of the year were required to replace inroads made during the year on the reasonable stock on hand." In such a case the supplies could be considered as "for the service of that year." (4) If a non-perishable article is needed for a given fiscal year, either for actual use or to keep a reasonable stock on hand, its purchase during that year should be charged to the appropriation for that year, even though its use may be continued for several years. (5) Where a contract for a building is made and construction begun within a fiscal year, the appropriation for that year would seem to be properly chargeable therewith, even though the construction is not completed until some time after its expiration. Card 8525, June, 1900.

ery

1See Secs. 3679, 3690, 3691, R. S., and sec. 5, act of June 20, 1874 (18 Stat. L. 110); Digest Dec. Second Comp., Vol. 3, p. 31; Decisions of 1st Comptroller, p. 82 (1893-94). For a review of the laws and decisions relating to the covering into the Treasury of balances of appropriations not used, see Decisions of the Comptroller of the Treasury, Vol. 3, p. 623.

2 "Congress intends that each annual appropriation should bear the burdens of the particular year for which it is granted, and that it should be for the proper use of that year, and no other." 6 Comp. Dec., 815, 819.

438. Money appropriated for the improvement of rivers and harbors is not available for the payment of damages suffered by individual citizens on account of injury to their property, caused by the negligence of the employees of the Government or the defective construction of a public work.1 54, 390, July, 1892.

439. The River and Harbor Appropriation Act of July 13, 1892, contained the provision: "Improving East River and Hellgate; removing obstructions"-a specified sum. Held, in view of Sec. 3678, Rev. Sts., that such appropriation was not legally available for the payment of a claim, interposed by certain tug-owners for personal services in assisting to put out a fire on a dredge used by the Government in the improvement. 63, 386, February, 1894.

440. Held that the funds appropriated by Congress for the improve. ment of the Ohio River were not legally available for the removal of an ice gorge closing a part of the river opposite Cincinnati and threatening the destruction of floating property. 57, 293, January, 1893. 441. An appropriation act contained a simple appropriation-"for improving" a specified part of a river named: so much. Held that such appropriation was not legally available for the reimbursement of U. S. employees for losses of personal effects caused by the sinking, without their fault, of a vessel employed in the improvement. 44, 87, November, 1890.

442. Ield that the expense of attending a congress of engineers in Paris, in July, 1869, incurred by an engineer officer detailed for the purpose as a representative of the Corps of Engineers of our Army, would clearly not be a legal charge against the appropriation for the improvement of rivers and harbors in that officer's "district." 55, 134, August, 1892.

443. Under an appropriation for the "improvement of the Yellowstone National Park," held that the Secretary of War would be authorized to purchase a bridge, the private property of a person who, before the park was reserved, had constructed the same over the Yellowstone River on one of the principal thoroughfares and where a bridge was indispensable; such bridge being in good condition and clearly an "improvement." 62, 15, October, 1893.

444. Under the appropriation in the army appropriation acts— "for expenses of courts martial and courts of inquiry, and compensation of witnesses," held that the legal fee of the proper official for a certified copy of a marriage certificate, necessary to be used in

That the United States is not legally responsible for such claims, see § 784, post: "This claim was also of the class of claims for unliquidated amounts, the allowance of which is beyond the authority of the head of an Executive Department. See § 769, post, and note.

evidence in a case on trial by court martial, was a proper charge against the appropriation. 19, 423, October, 1887. Held otherwise as to the fees of a U. S. marshal for serving subpoenas for the prosecution in such a case, there being no express authority for the employment of such official by a judge-advocate for such a purpose; but advised that the amount charged might be paid from the appropriation for contingencies of the army. LIII, 399, April, 1887. LIII, 399, April, 1887. Held that the appropriation under consideration referred to compensation of civilian witnesses only, and did not apply to retired officers of the army ordered to appear as witnesses before courts-martial; but that the latter are entitled in such cases to the authorized mileage and to enable them to obtain the same proper orders should be issued in each case. 28. 291, November, 1888.

445. Held that the appropriation for the recruiting service-"for expenses of recruiting and transportation of recruits"--was not available for the payment of mileage of officers for travel while on recruiting service, but that the same was chargeable to the general appropriation for the mileage and cost of transportation of officers. 41, 105, May, 1890.

446. Held that the appropriation for the current year for shelter, shooting galleries, ranges, repairs, and expenses incident thereto"was intended for target practice with small arms, and would not cover the rental of a piece of ground for artillery practice, but that such rental, being of small amount (i. e., for the occupation of the ground for a few days only), might properly be considered a legitimate charge against the appropriation for the contingencies of the army. 62, 209, November, 1893.

447. Where certain officers of the army were defendants in a cause in which the United States was interested, and their defence, before the U. S. court, had been undertaken by the Department of Justice, held that, while not entitled to military mileage, their necessary expenses in going to, attending and returning from, the court, constituted a legitimate charge against the standing appropriation “for defraying the expenses" of suits in which the United States is interested.1 LI, 590, March, 1887.

448. Held that the appropriation made by the act of May 2, 1889, for the water supply of the District of Columbia, could not legally be resorted to for the defraying of a charge for the medical treatment of an employee injured on the work; nor could the same be legally paid

The payment of the traveling expenses of these officers was subsequently-June 18, 1887-authorized, from the appropriation for contingencies of the army. As to future similar cases see opinion of Attorney General, published in Circular 3, A. G. O., 1887.

from the appropriation for contingent expenses of the army. 44,358, December, 1890.

449. The employment by the month or otherwise of a civilian physician to treat civilian employes of the Government engaged on river and harbor improvements would not be a legal charge against the appropriation for said improvements.' Card 1696, September, 1895.

450. A specific sum was appropriated for a defined specific purposethe "construction complete of a sewerage system" at Fort Monroeand, upon proposals being invited for the work, the lowest bid was in excess of the amount appropriated. Held that the statute evidently contemplated the completion of the system with the appropriation made, the intention of Congress clearly being to limit the cost of the work to that amount, and that the appropriation could not therefore legally be availed of for the construction of a system the completion of which would require an additional appropriation. 55, 364, September, 1892. When a special appropriation is made for a certain object, it is held to be an expression by Congress as to the amount of public money which can legally be expended for that object. Cards 53, July, 1894; 2915, February, 1897; 3544, September, 1897; 3453, February, 1898.

451. The appropriation for army contingencies is available for defraying necessary expenses, arising in the current business of army administration, and not otherwise provided for. An amount to make good damages to private property done by the falling of ice from the roof of a public building under charge of the War Department would not be a legal expenditure from this appropriation. 52, 48, February, 1892. Nor can it be used to supplement a specific appropriation for a particular work or other express purpose which has been found to be inadequate. Thus where the sum of $6,000 was appropriated (September, 1893) for repairs to the old Ford Theater Building, and this amount was found to be insufficient, held, that the appropriation for army contingencies could not be used to supply the deficiency.2 Having made a specific appropriation for repairs to the building, Congress must be presumed to have thus fixed a limit to the amount of

11 Comp. Dec., 62, 181.

2 That a specific appropriation is exclusive of the general appropriation, and the latter cannot be used to supplement the former, unless authorized by Congress, see 1 Comp. Dec., 10, 57, 126, 236, 317, 417, 559, 560; 3 id., 70, 353; 4 id., 24; 6 id., 743. Such authority is given as to the Interior Department, 4 id., 5. Where it is doubtful whether a particular item is properly payable from the appropriation for a particular object or from a general appropriation, the matter is within the discretion of the head of the Department having control of the appropriations (5 id., 855); and where two appropriations are applicable to the same object, neither specific so as to exclude the other, they are cumulative, and either or both may be used. 4 id., 121. 16906-01- -9

« AnteriorContinuar »