been prepared therefor. Act of Feb. 13, 1913 (37 Stat. 671), making appropriations for fortifications, etc. For act of June 20, 1874, and sec. 7, act Aug. 24, 1912, mentioned above, see 231, 227, post. 210. Estimates for fortifications for insular possessions.-Hereafter all estimates for fortifications for insular possessions of the United States shall be made and submitted to Congress showing amount proposed to be expended at each harbor in each insular possession. Act of Mar. 3, 1905 (33 Stat. 847), making appropriations for fortifications. 211. Estimates for cable or telegraph lines in Alaska.* * Provided further, That hereafter detailed estimates shall be submitted to Congress for any further extension of the cable or telegraph lines in the district of Alaska. Act of Mar. 2, 1907 (34 Stat. 1159), making appropriations for the support of the Army. 212. Annual estimates for river and harbor improvements.--And hereafter the Secretary of War shall annually submit estimates in detail for river and harbor improvements required for the ensuing fiscal year to the Secretary of the Treasury to be included in, and carried into, the sum total of, the Book of Estimates. Act of June 4, 1897 (30 Stat. 48), making appropriations for sundry civil expenses. The legislative, executive, and judicial appropriation acts for many years have authorized the employment by the Secretary of War of skilled draftsmen and other services in the Signal Office and the office of Chief of Ordnance and of draftsmen, civil engineers, and other services in the office of the Chief of Engineers, to carry into effect appropriations for fortifications, etc., rivers and harbors, and surveys, requiring the Secretary of War to report to Congress each year the number of persons so employed, their duties, and the amount paid to each. 213. Annual estimates for printing and binding.-Hereafter there shall be submitted in the regular annual estimates to Congress under and as a part of the expenses for "Printing and binding," estimates for all printing and binding required by each of the Executive Departments, their bureaus and offices, and other Government establishments at Washington, District of Columbia, for each fiscal year; * * Sec. 2, act of June 30, 1906 (34 Stat. 762), making appropriations for sundry civil expenses. * This section was not to apply to printing and binding necessary to expedite the work of the branch of The Adjutant General's Office, formerly known as the Record and Pension Office, by a provision of act Mar. 4, 1907 (34 Stat. 1367). This statute is understood to supersede R. S. 3661. 214. Annual estimates for transportation.— * * * Provided, That estimates for the next fiscal year shall be submitted to the Congress of the United States covering transportation of the Army and its supplies in one estimate, and additional estimates shall be submitted covering other items heretofore carried in appropriation bills under the head of transportation of the Army and its supplies: Act of Mar. 2, 1907 (34 Stat. 1170), making appropriations for the support of the Army: Transportation. * * * 215. Annual estimates for trusses.--So much of section eleven hundred and seventy-eight of the Revised Statutes of the United States as makes a permanent indefinite appropriation to purchase trusses for soldiers is repealed, to take effect after June thirtieth, nineteen hundred and nine, and estimates of sufficient sums for the purchase of such trusses shall be submitted to Congress for the fiscal year nineteen hundred and ten, and annually thereafter, in the regular Book of Estimates. Act of May 27, 1908 (35 Stat. 367), making appropriations for sundry civil expenses. For R. S. 1178, see post, 2028. 216. Annual estimates to include statement of salaries.-That there shall be submitted hereafter, in the annual Book of Estimates following every estimate for a general or lump-sum appropriation, except public buildings or other public works constructed under contract, a statement showing in parallel columns: First, the number of persons, if any, intended to be employed and the rates of compensation to each, and the amounts contemplated to be expended for each of any other objects or classes of expenditures specified or contemplated in the estimate, including a statement of estimated unit cost of any construction work proposed to be done; and Second, the number of persons, if any, employed and the rate of compensation paid each, and the amounts expended for each other object or class of expenditure, and the actual unit cost of any construction work done, out of the appropriation corresponding to the estimate so submitted, during the completed fiscal year next preceding the period for which the estimate is submitted. Other notes shall not be submitted following any estimate embraced in the annual Book of Estimates other than such as shall suggest changes in form or order of arrangement of estimates and appropriations and reasons for such changes. Sec. 6, act of Aug. 24, 1912 (37 Stat. 487), as amended by sec. 10, act of Aug. 1, 1914 (38 Stat. 680), making appropriations for sundry civil expenses, That the information required in connection with estimates for general or lump-sum appropriations by section ten of the sundry civil appropriation Act, approved August first, nineteen hundred and fourteen, shall be submitted here. after according to uniform and concise methods which shall be prescribed by the Secretary of the Treasury, but with reference to estimates for pay of mechanics and laborers there shall be submitted in detail only the ratings and trades and the rates per diem paid or to be paid. Sec. 4, act of July 1, 1916 (39 Stat. 336), making appropriations for sundry civil expenses. See also ante, 66. 217. Estimates for salaries. All estimates for the compensation of officers authorized by law to be employed shall be founded upon the express provisions of law, and not upon the authority of executive distribution. R. S. 3662. Provisions that no officer, clerk, etc., or other employee should be employed in any of the executive departments or subordinate bureaus or offices thereof at the seat of Government, except as specifically appropriated for each year, were contained in ante, 33. See notes under 220, post. 218. Annual estimates for the National Home for Disabled Volunteer Soldiers.* And hereafter the provisions of section thirty-six hundred and ninety and thirty-six hundred and ninety-one of the Revised Statutes of the United States shall apply to all appropriations made for the maintenance of the National Home for Disabled Volunteer Soldiers: Provided further, That it shall be the duty of the managers of said Home, on or before the first day of October in each year, to furnish to the Secretary of War estimates, in detail, for the support of said Home for the fiscal year commencing on the first day of July thereafter, and the Secretary of War shall annually include such estimates in his estimates for his Department. Act of Oct. 2, 1888 (25 Stat. 543), making appropriations for sundry civil expenses. A permanent appropriation for the support of the home was made by R. S. 3689, but was repealed by a provision of act Mar. 3, 1875, post, 1982. R. S. 3690, 3691, mentioned in this section, are set forth, post, 229, 231. Appropriations for the construction of buildings at any of the branches of the home were to continue available until expended, by a provision of act June 6, 1900, sec. 1, post, 1999. That hereafter it shall 219. Annual report of inefficient employees. be the duty of the heads of the several executive Departments of the Government to report to Congress each year, in the annual estimates, the number of employees in each bureau and office and the salaries of each who are below a fair standard of efficiency. Sec. 2, act of July 11, 1890 (26 Stat. 268), making appropriations for legislative, executive and judicial expenses. 220. Appropriations of public money. * N money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. tion of the United States. Art. I, sec. 9, Constitu Notes of Decisions. Provision as to appropriations as directed exclusively to Treasury officers.This provision is exclusively a direction to the officers of the Treasury. It neither controls courts nor prohibits the creation of legal liabilities. Collins r. U. S. (1879), 15 Ct. Cl. 22. This provision is a restriction and limitation only upon the executive officers of the Treasury Department, and does not prevent Congress from involving the Government in liabilities to pay money to any extent. Mitchell v. U. S. (1883), 18 Ct. Cl. 281; judgment reversed (1883), 19 Ct. Cl. 703. Money subject to provision as to appropriations. The money received from captured and abandoned property under the construction given by the Treasury Department is not subject to this provision. Rice v. U. S. (1887), 7 Sup. Ct. 1377, 1383, 122 U. S. 611, 30 L. Ed. 793. Several Secretaries of the Treasury so construed the law that money received from captured and abandoned property was merely deposited with the Treasurer, and was not technically covered into the Treas ury, and was not subject to this provision. U. S. v. Johnston (1888), 8 Sup. Ct. 446, 454, 124 U. S. 236, 31 L. Ed. 389. When a pecuniary penalty, accruing to the United States, has been actually paid into the Treasury, although it may be remitted of right by the President, still by reason of constitutional prohibition, which is coequal in force with the constitutional power to pardon, the amount of the penalty can not be drawn from the Treasury with 146345°-21--9 out appropriation by act of Congress. (1857) 8 Op. Atty. Gen. 281. Necessity of appropriation to pay debt or claims. No officer of the Government can pay a debt due by the United States without an appropriation of Congress, and without an appropriation a claim can not be paid by the Treasury, whether the claim is by verdict or judgment. Reeside v. Walker (1850), 11 How. 272, 291, 13 L. Ed. 693. Payment of officers.-Mandamus will not lie against the Secretary of the Navy to enforce the payment of an officer's pay, as this section necessitates an appropriation. Brashear v. Mason (1848), 6 How. 92, 101, 12 L. Ed. 357. Contract without appropriation.-A contract by the clerk of the House of Representatives, made with a person to furnish wood, where no appropriation has been made to pay for the same, is not binding on either party. U. S. v. Derringer (C. C. 1851), Fed. Cas. No. 14950a. Where the constitution or laws require the President to do something requiring the expenditure of money, he may lawfully do it, or contract to have it done, in the absence of an appropriation therefor, and the expense becomes a lawful charge on the Government, but a contract in excess of an appropriation is subject to the contingency of a future appropriation, without which it is not binding on the United States as to such excess. (1853) 6 Op. Atty. Gen. 26. Disposition of money as within discretion of Congress. The disposition of public money is in the discretion of Congress, whose reasons can not be inquired into by 129 Right of Congress to prohibit payment.Congress has a constitutional right to prohibit the officers of the Government from paying persons who encouraged rebellion, and can not consider such claims, although the claimants may have received an executive pardon. Hart's Adm'r v. U. S. (1880), 16 Ct. Cl. 459. What is appropriation in general.-An appropriation is per se the legislative authorization prescribed by the constitution that money may be paid out at the Treas ury. Campagna v. U. S. (1891), 26 Ct. Cl. 316. A statute should not be construed as making an appropriation, or authorizing the expenditure of money, unless the language is sufficiently explicit to clearly justify it; nuthority for the use of the public money can not arise by inference without very clear terms requiring it. (1885), 18 Op. Atty. Gen. 174. Subsequent enactments.-A statute which fixes the annual salary of a public officer at a designated sum without limitation as to time, is not abrogated by subsequent enactments appropriating a less amount for his services for a particular fiscal year, but containing no words which expressly or impliedly repeal it. U. S. v. Langston, 118 U. S. 389. It is otherwise, however, when the sum appropriated is "in full compensation" for the salary of a particular officer, in which case the earlier act is suspended for the time covered by the appropriation. U. S. v. Fisher, 109 U. S. 143; U. S. r. Mitchell, id. 146. Executive control of salaries.-A salary that is established by statute can not be increased nor diminished by executive office:s. It is not a subject of contract between suc officers. The incumbent of an office is entitled to the salar; attached thereto by law, and if he receives a less sum from disburs ing officers, he can claim and receive the balance. Dyer v. U. S., 20 Ct. Cls. 166, 171; Adams v. U. S., id. 115. Such recovery may be had though by terms of his appointment he was to receive less and though he may have been coldpelled to execute a receipt in full therefor. Id. It is not within the power of the head of an executive department to reduce or change the salary of an officer which Congress has specifically prescribed, and an agreement to that effect, being contrary to public policy, will not be enforced or given effect as an estoppel. Miller v. U. S., 103 Fed. 413. But, for express authority to reduce the salaries of clerks, see sec. 3, act of Aug. 15, 1876 (18 Stat. 169). 221. Appropriations specifically made.-No Act of Congress hereafter passed shall be construed to make an appropriation out of the Treasury of the United States, or to authorize the execution of a contract involving the payment of money in excess of appropriations made by law, unless such Act shall in specific terms declare an appropriation to be made or that a contract may be executed. Sec. 9, act of June 30, 1906 (34 Stat. 764), making appropriations for sundry civil expenses. This section superseded a previous similar restriction on the construction of acts as making appropriations in act July 1, 1902 (32 Stat. 560). The style and title of acts making appropriations were prescribed by R. S. 11. Notes of Decisions. Rules for construing statutes.-The presumption is that provisions of a general character in an appropriation act are limited to the subject matter of the act and are not permanent regulations unless clearly so provided. U. S. v. Jarvis (D. C. 1846), Fed. Cas. No. 15,468. The intention of Congress must govern when there is a conflict between the Revised Statutes and subsequent appropriation acts. Belknap v. U. S. (1889), 24 Ct. Cl. 433. A proviso to an appropriation which will permanently affect the pay of officers irrespective of the appropriation to which it is attached is not properly a proviso, but has simply the meaning of the conjunction "and." Carden v. U. S. (1910), 45 Ct. Cl. 171. A statute should not be construed as making an appropriation or authorizing the expenditure of money unless the language is sufficiently explicit to clearly justify it; authority for the use of the public money can not rise by inference without very clear terms requiring it. (1885) 18 Op. Atty. Gen. 176. The appropriation of specific funds "to be immediately available" ordinarily imposes the duty of expending them for the purposes named in the act. (1896) 21 Op. Atty. Gen. 420. Specific and general appropriations.—The rule that a specific appropriation is exclusive and that another general appropriation is not available for the same purpose is a rule of administration firmly established by the accounting branch of the Government and is not a statutory limitation. This rule, while a proper one, has obvious exceptions and limitations and must be applied reasonably. (1906) 26 Op. Atty. Gen. 81. The general rule of law is that when Congress makes a specific appropriation for any particular purpose, this is construed as meaning that no more shall be expen led for that purpose than is thus appropriated, and if a general appropriation applicable to the same purpose, together with other purposes of the like class, would otherwise be available to meet the same expenditure, the specific appropriation operates pro tanto as a repeal or suppression of the general, and renders its use for the specific purpose illegal. (1908) 27 Op. Atty. Gen. 31. clause, appropriations.-No Permanent phrase, or section of an appropriation act ought to be construed as permanent legislation unless such words are used therein as make that purpose clear. (1908) 27 Op. Atty. Gen. 108. The presumption against general and permanent enactments in appropriation acts is against permanence. (1909) 27 Op. Atty. Gen. 288, 289. The general public system for the appropriation and disbursement of public moneys is permanent, and unless charges are within the objects for which an appropriation is made they can not be applied to that appropriation. (1911) 28 Op. Atty. Gen. 634. 222. Expenditure of an appropriation as specified. All sums appropriated for the various branches of expenditure in the public service shall be applied solely to the objects for which they are respectively made, and for no others. R. S. 3678. Funds appropriated for a National Soldiers' Home may, in case such home is de stroyed, or rendered unfit for habitation, be used to transfer its inmates to another home, by act Aug. 23, 1894, sec. 1, incorporated into R. S. 4833, post, 1969. No part of the appropriations for the support of the Regular Army is to be used to pay any part of the expenses of the Organized Militia while engaged in joint encampment, maneuvers, and field instruction, as provided by act Jan. 21, 1903, sec. 15, as amended, ante, 2574. No part of the appropriations for the Ordnance Department is to be used in payment of freight on ordnance, etc., issued by said department, by a provision of act June 30, 1902, post, 1226. Appropriations for the Ordnance Department are applicable to defray expenses in connection with the procurement by it of stores for other executive departments or bureaus, by a provision of act June 12, 1906, post, 858. Certain appropriations for ordnance stores, ammunition, etc., for the Army, were made available for two years, by a provision of act Mar. 2, 1907, 853. The appropriations to which the cost of printing and binding, etc., for the executive departments, bureaus, etc., is to be charged, were prescribed, and the application of appropriations to the printing and binding, etc., of publications required by law, for which estimates have been furnished as required, was directed by Joint Res. 13, March 30, 1906, post, 986. Amounts appropriated or authorized for completion of river and harbor works, proving insufficient for completion, may be applied to the prosecution of the work, by a provision of act of Mar. 2, 1907, post, 1525. Lump sum appropriations were not to be available for the payment of increased salaries, by sec. 7, act Aug. 26, 1912, post, 77. Chapter IV of the Army appropriation act of July 11, 1918 (40 Stat. 878), provides "That during the present emergency when pressing obligations are required to be paid by a disbursing officer of the Army and the allotment to his official credit under the proper appropriation or appropriations is temporarily insufficient to pay the same, he is authorized to make payments from the total available balance to his official credit, provided sufficient funds under proper appropriation or appropriations have been appropriated by the chief officer of the bureau or department for the expenditure. When such disbursements are made, the accounts of the disbursing officer shall show the charging of the proper appropriations, and the balances thereunder, which will be adjusted by the disbursing officer on receipt of funds, or by the accounting officer of the Treasury." |