Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-12-29


Importance to the interests of many in the
Government service. We have obtained a
copy Of it for publication, and to-day spread il
before the Stars readers, as follows:
ATTORNEY GENERALS OFFIcE.)
October II, IS57- (
Sir: Two questions are propounded nv x,.,r
letter of the 6ih August las-W neither the holding
and being paid for Perfo ming the duties OF more
than one once by the same person is forbidden
by EXISTING laws! ,. Whether a person receivin,,
salary for services rendered in one capacity en-
be compensated from the Treasury for any other
services he may ne called upon to render!
The importance Of these questions TO the proner
administration Of the public revenue and tbe
conflict, or seeming conflict of opinion in relation
10 them rseuire, and they have received INV care
fnl C~ohsldst ~ a'lon. The answer am to give de-
through period Of thirteen wears and demands
construction OF seven acts OF Congress- Bv wav
81 getting the subject properly before you / shalt
tan>crbe these different acts In the order of their
date. Act of March 3, 1889, section 3-No otIicer
in any branch of the public service or ary other
person whose salaries or whose pay or enoIu
mems - or are hxed by law and regulations
tion IN any form whatever, for the disbursement
Cf public money or the performance of Gax otb,r
'sIr'l' ';nhleSS the said extra allowance compen.
SALON oe authorized by law.-(5U u = A l., 3i0 \
" Act OK May Il, fSi2-No allowance shall be
mahS out oi any money appropriated by this bill
:" aay clerk or other officer for the discharge of
Other clerk or other officer in the same or any
other department.; and that no aIIor-anc1 shnU be
Niaat J0F any s't n SeTrIcsS t-hHter,T which ary
clerk o. Othe- officer may be TeuuiTed to perform
(5U. >. L.. ~ y Act OF August 23 JSt2 Sec
:: No officer in any branch Of the public ser
VICE, or any other person whose salary, paw or
emoiuments is or are fixed by law or re- sulalion,
snail receive any additional paw, extra allowance
or compensation, in any form whatever. for the
disbursement of public money, or for am other
Serr'et 'r duiy chafersr, unless the same shall be
an gTRnNa lawnr 4 81.
expressly set forth that il is for such additional
L .5lO) -
The eleventh section of an act approved An.
gust ~, l-i2, required the Secretary Of State of
the Treasury, War aud Navy, of the Commits
sicneTs OF the Navy, the Postmaster General
secretary OF the Senate and Clerk Of the House
OF representatives to report, au Onp other thj nos
at the beginning of each year, the names of the
clerks and other persons employed in theiE re.
spectiVe departments and offices, and enacted
thdt - no greater allowance shall be made to any
such clerk or other person than is or NAV be au
tnorlsed by law, except to watchmen and mes
sengers, Tor any labor or services REQUIRED of
them beyond the particular duties of their respec-
tive stations, rendered at such times as does not
interfere with the performance of their regular
duties And IL was further enacted by the
twelfth section of the same act - that no allow
ance or compensation shall be made to any clerk
or other offceT by reason of the discharge of du-
ties which belong To any other clerk or otf,ceT in
the same department.; and no allowance or COM
p-h>dAipH sudlI De InaQe Tor SeFric,
tchatsr,T which any clerk z other officer NAV be
required 10 perform'-(5 l.. ;. L., 525)
ln tue act making appropriations for the civil
az and alPiomatIc expenses Of the Government for
cePtempeI, lSJb, the clause making an approp-i-
alon Tor the payment of Richard Bush contains
thls ProvlSo: = That hereafter the proper ac-
counting officers of the Treasury, or other nav
officers Of the United states shah in no case al
low anv pay to one individual the salaries of
Two dInerent offices, on account Of having per-
ha hNrfr Fh.ara - - l..
THIS prohibition shall not extend to the sunerin
tendrnts OF the executive buildings "a n :
l., SIP The eighteenth section Of the act ma
KIM appropriations for 1883 approved August
81 lSJ2, enacted " That no Cerson bereaft.r "a ho
holds or shall bold any office under the Govern
Meht OF the nlted States, whose salary or annual
eSlP-nsatlon n shall amount to the sum of s2,5Oo
sHdI receive compensation for di<chargino the
uL.leS OF any other ofrcer.'-(i0, L. :. L. D. 100
- consideration and comparison of these acts
PLAINLY shows that each Of them had a specific
aim ana purpose. The act Of March Sd 1870
was designed 70 put an end to the system OF ex-
Ira compensation and allowances which under
various Pretexts, was claimed by officers and en-
Ploye-s, Tor extra services i'm their respective
OHces oT departments Going step further the
sci OF May 18th, ISi2, cut OF extra nav for per
Iolmlns tbs duties OF any other cleik or officer,
within tbe same or any other depa rtment
A blow at the whole system of extra nav and
uouote compensation was then struck, by the
de' ci &td August, lSl2, by forbidding any extra
pay, or additional comDensatiou in anv f,rn
ares io5 any ether service Whatsoever nuIess ON
sPVclnc appropriation. explicitly setting forth
.nst 't5. y was for such additional pay But not
NnhSidnding Tue comprehensive terms OF This
S'', IL having been held Ia the Spring OF 1850
os the Circuit Court AT Baltimore In Whites
Ja>e That when one OficeT had performed the
u1tes OF two officers at the same time hs mioht
= ia IN "a The salary of both, the act of September
~ iSJ9 prohibits the payment Of the saiarie, of
Two officers to one individual
There still remains, however another class of
Vi cIa
pf;' those, namely, WHOSE salary or c0mpensa-
Gon t-HN no. hTsd by f0Ic or regulations but de-
P'hded upon the amount Of service or other con-
p"gehy Upon these the act Of 1-J3 operated
by P'OyiSlOn that when the salary or annual com
P'nSation Of an officer amounted In the a2oTe-
sd'e 70 s2sJyD per annum. no pay for dischargiDg
him - ~
The whole o. this legislation manifest, a de.
.sImlnrd purpose TO prevent double compensa-
I,oh ~ IN any form or under any Pretext whatsoever
- cannot be denied that the policy whic dictated
,he'e provisions ~ fpuRded IN lust notions Of Dul
&c end private morality. Plurality OF Offices
ahl extra aiIOwancrs 20 those who hold them
a'e the vices OF bad government, and have al
WAYS prevailed TO the greatest extent i'm the wor,
ZINES IL may b that some Ofdcefs have DER.
lpimed double duty. for which they are justly
cases, do not. doubt that proper provision will
Dc made by Congress. Bur the justice of a claim
o9Hnot authoflze It's payment Ly the Executive
while the law foTbds il
The diplomatic view Of this subject is certa in
~ supported by very high autboiiiy-Mr Crit
,Thd-n and Mr.. Cushing. The former said, in
haIfS ease (S op. 7Bj) that the acts Of lsS9 and
i>'2 were Intended To fend against arbitrary ex-
va allowance IN each particular case bat not
Applying TO distinct emplOymentS with salaries
eIGed TO zach by law or regulation He re-
sarhed the act Of ls5O prohibiting n person
from rece iyiHg the salary Of an o1fcs ,rSirh A,
aos' not hold, and not against bis receiving the
s4irrs OF ftrO ofcsS Which he docs E,gifijaTfsIy
Ie,d Mr. Cnshing (in Major Lees easel con
stIued ihe words ''aBy service wbatcvrrY in the
ae OF y II - ineanng ''the service OF the officer
~ tbe liDe of his duty and under his particular
a9POihtlneRt, not specific service appe.tai
70 another and distinct commission :, 4 am
ooilgtd 10 confess that do not understand this
reasoning at all. The statutes say that IL per-
son performs the duties OF two officers he shall e
Paid no moe than the salary OF one. and no OIL
Csi shan be allowed extra pay for any service
WhAtsOeNef- CosEE.ss has used word. OF h-
.aISest ana most comprehensive Specification. II
Ihey do not cove the whole case completely aud
Holly % Is Impossible tO FAM any law that will
Of Chief justice TsRsy's opinion ia w White's
eH7 have nothing to say, except that il was pro
noune7d previous TO the act of iSJe and therefore
III A. IN IfcRF g. n