The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-05
CONG SION AL.
HOUSE OF REPRESENTATIVES.
SATURDAY. August 3.


notice had been given, for the relief of Joseph
and Peter Arrow, heirs of Joseph Arrow, de-
ceased, of Florida; read twice and referred to
the Committee on Claims.
Mr.. PANEL moved the suspension Of the
rules to go into Committee Of the Whole on
the private calendar; not agreed to.
Mr.. BURT enqured of the Chair concerning
the position of the bill making appropriations for
fertilization purposes.
The SPEAKER, in reply, remarked that that
bill was aon the Speakers table" from whence
it would come up whenever the House conelu-
ded to proceed to the consideration of business
in that condition.
Mr.. BAYLY moved to go into Committee
Of the Whole on the state of the Union which
motion being agreed to,
The SPEAKER called Mr. BROWN of Mis-
sisspppi to the Chair, and the Committee pro-
ceeded to the further consideration Of the an
nual Indian appropriation bill, to which amend
ments were proposed and advocated in five
minute speeches by Messrs THoMPsos of Mis-
sissippi, SwEETzER, CHANDLER, JOHNSON of Ar
kansas, BAVLY, HALL, and BoXEE.
Among these
Mr.. THOMPSON of Mississippi said
He would now move to stri out the follow
ing item in the bill:
"for the re-appropriation Of the sum carried
to the surplus fund, under the head of fulfilling
treaties with the Ottowas and Chippewas," June
thirtieth, eighteen hundred and forty-severi, per
surplus fund warrant number nineteen two
thousand four hundred and twelve dollars and
sixteen cents.'
Mr.. THOMPSON said
The motion made involves the question of
of money carried to the surplus
fund. regret that | have not the time to ex-
press my opinions on this subject as full as
would desire. This subject came up some time
since on The motion OF the gentleman from Ohio
Mr.. SwEETzER, which alleged that the sum of
stl52,249 had been drawn from the Treasury
after the same had been carried to the surplus
fund. Since that time have given the subject
some consideration, and now that the subject is
before us feel unwilling to allow this oppor-
tunlty to pass without entering my protest
against the decision made BY the Secretary Of
the Treasury and Comptroller, in withdrawing
from the Treasury Ssl52,000 without authority
of law. do not believe there has been any Of
fetal misconduct, or any corruption; but do
think n misconstruction has been giyen to the
statutes by our officials, and the committee so
believed and therefore this item of re-appropri-
alton is inserted. But the argument furnished
the committee deserves 4 respectful considera-
ton. Az
In the year 1875 the surplus fund was con-
stituted, and all appropriations, except in certain
cases named in the statutes, which have remained
uneApended for more than two years after the
act making them was passed. shall be carried to
the surplus fund" and then, in the language Of
the statute, "such appropriation shall be deemed
to have ceased and been determined" And as
no money can be drawn from the Treasury with
out a previous appropriation by law--to draw
money thus returned to the Treasury, it makes
no difference whatever as to the object of ex-
penditure, is a usurpation of power, and viola
ton of the Constitution.
This law, creating the surplus fund, has ex-
listed since the year 1895, and has never been
repealed 1t is true chat a modification of ii
was made in 1920. From the year 1895 up to
the year 1920, whatever amounts were appropri-
ated for any given objects, Were to be retained as
subject to draft on the books OF the Treasury,
for two years, although the object for which the
appropriation had been granted had in the mean
time been effected. To obviate this difficulty
and probable embarrassment, the statute of 1920
was enacted, by which the Secretaries of War
and Navy, were required to report to the Secre-
tary OF the Treasury all sums remaining unex-
pended, whenever the object for which the APP
had been made has been effected
This act did not repeal the general law Of 1895,
but on thc contrary, it only made it necessary,
II the object OF an appropriation had been eff
fected In less time, The money remaining unex-
pended shoule be restored to the Treasury with
out further delay.
1t is uniform rule of construction, adopted
by every judicial tribunal, that where there is no
necessary conflict of law, statues must be so
that they may all harmonic, and be
effective. BY the law of 1875, it was made the
absolute duty of the Secretary of the Treasury
to restore to the surplus fund all unexpended
balances, after the appropriation had stood for
more than two years. BY the law of 1920, it
was made his duty to restore the same earlier, if
in the mean time the Secretary Of War or the
Navy informed him the objects of the appropria-
tons for their respective departments had been
effected.
As a demonstration that such is the true con-
struction of these statutes, Congress passed a
law in 1922, two years after the passage of the
law of 1920, making it imperative that all the
money then TO the credit Of those departments
hould be repaid ito the Treasury of the United
States. The tone and temper Of that statute of
1922, convinccs me that the construction now
set up by the Treasury Department, that the
law of 1920 had repealed the law of 1875, had
been adopted and acted upon by the then Secrc-
tares of War and Navy, and it was passed by Con-
gress as a rebuke of construction oflaw which
Congress then deemed might lead to corruption
The whole policy of this law is apparent, that
each Congress should have the entire control of
the Treasury for the two years of their exis-
tence, and be ofcourse responsible to the people
for its management.
But the officers of the Treasury are correct
in their Interpretation of the law, that so far
as appropriations made for the War and Navy
Departments are involved, the law of 1875 was
repealed by the statute of 1920. Yet it seems
difficult to understand how the money could be
drawn from the Treasury after it had actually
been repaid into the Treasury, and carried to
the account of the surplus fund.
Mr.. SWEETZER here interposed, and de-
sired to know how the Commute of Ways and
Means came into possession of the facts!
Mr. TIIONIDSON continod. Sno, of