The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-03-20

80
then, from 1896 TO this day. there has been a continued
violation oflaw in simply conforming 20 Its substance,
and carrying out It's spirit and intention.
Thus the law stood when Judge Woodbury. said that
the act of 1886 did mot refer 10 each individual collec-
ton OF payment, but tho aggregate quarterly and year
ly collections r0d expenditures. This is in order 10 make
them appear on the exhibit of the annual receipts and ex-
~penditures Of the country, and also in the annual appro7
~priations, which was not the case formerly. This is eff
fected by large covering warrants, quarterly or other
wise, and not by a deposite and warrant in each indiyid-
ual case over the Union" This shows that, in his opin-
ion, the law of 1886 did not require the money TO be paid
in and drawn out OF the treasury, but that all that was
contemplated was a formal ceremony TO be performed at
some subsequent period for the purpose of systematic
bookkeeping.
Prior to IS49 the revenues from customs, public lands,
and other sources, were managed much like those derived
rived from the mail service. The expenses of collections were
paid out of the receipts before they went into the treas
ury. The expenses of those collection districts where the
revenues were not equal to their expenses were paid by
drafts, authorized by the department, upon those offices
having a surplus. The expenses Of collection were under
the sole control of the Secretary, except there were limi-
tations upon the number Of some classes OF officers. Even
expensive revenue cutters were built at his will. A prac-
tice sprung up of officers holding on to large amounts
collected, under pretence of claims for commissions, &c.
a W iitftiiet VIM obNoS hAS WV W tAtAN- ~ -D'y 49,
passed, the first section of which says
THAT from and after the 3Oth of June, ls49, the
gross amount of all duties received from customs, from
the sales of public lands, and from all miscellaneous
sources, for the use of the United States shall be paid by
the officer or agent receiving the same into the TT Asury
Of the United States, at as early a day as practicable,
without any abatement or deduction ON account of sal
airy, fees, costs, charges, expenses, or claim of any de-
scription whatever Provided, That nothing herein contained
shall be construed 10 alter the eriaing lqrs regulating The COL
y .yo, Of n ne,an,,asI al fs Daa 0fIse DppyrIt1euf ~
This is the first law requiring these revenues to be paid
into the treasury. Since that time Congress has exer-
cBed its control over the expenses by making a~ppropria-
lions for their payment. Why was the Post Office De-
partment excepted from this act Simply because it had
a peculiar system of its own, and it was substantially inn
possible for that department to comply with the provis-
ion which was for the first time applied to the collectors
Of the customs and receivers at the land offices. Here
Congress put a legislative construction upon the act so
far as to indicate that they thought it was not then re-
quircd and ought not to be compelled to pay its revenues
into the treasury before they could be applied in dis
charge of debts due for mail service.
The opposite construction would bring the whole mail
service to a stand-still when the present appropriations
are exhausted. The rent of post offices, when allowed
to be paid out of the postage receipts, the fuel to keep
hem warm, the clerks to transact the business, where
allowed, could not be paid, nor could wrapping paper
ana JWlne De procured 10 wrap up letterS 10 go by mai.
Neither could bags, locks, or keys be purchased, nor
blanks or advertising be paid for, because all these ex-
penses stand upon the same footing as the expense of
mail carrying. If any of the postage money must go
into the treasury all must go there, because the provision
referred to, in words and effect, includes all alike. But
for the popularity of the provisions of the act of 1851,
even stamps could not be supplied, without which no let
ter can now be sent by mail. Ifitis conceded that a post
master can retain his commissions and pay the expenses
Of his office, then the whole argument is yielded, because
they all stand upon the same ground. If one branch of
the service for which appropriations have heretofore been
made can be paid, then every other branch may alsob be paid,
because if there is a real prohibition in the act Of 1886 it
extends to each and every branch. have endeavored to
show that the subsequent provisions of that act clearly
contemplated that all the money collected could be used
and applied without going into the treasury at all, and
that the act only contemplated a subsequent formality for
"A particular purpose. This view has been sanctioned by
a practical construction for Twenty-Five years, and has
led to no hazard or abuses, and is in reality in confor-
nifty with the provisions of the act of 1926, which is
still in force, and under which the department has been
acting since the day of its enactment.
The construction for which / contend is o plain, IA
tional one, and does not yield to, or sacrifice the sub
stance of things, to conform to a legal fiction, which the
whole act, taken together, docs not impose upon the de-
partment. / cannot yield to a construction which re-
qulreS Wnat was designed as q Sclt-SustalnlnB department,
should it be crippled and destroyed, and its whole use
fulness lost to the public, in order to conform to the sup
posed mandates of a legal fiction, appearing in the first
part of the act, when its subsequent provisions clearly
show that book keeping and mere towering warrants
were all that was intended, and when such has been its
practical Interpretation for near a quarter of a century,
and when any other construction would render the Post
Office establishment substantially an impracticable ma
chine? If the law requires all moneys to go into the
treasury, and is to be complied with, over twenty-seven
thousand postmasters must transmit the whole proceeds
of their offices four times a year to the treasury, and then
draw out again 80 much as shall be allowed to them by
los, 900 payments into the treasury, and as many out,
every year. The law thus construed could hardly be
executed.
The authority Of the late Attorney General Butler is
invoked against my construction, g o. Atty. Gen, 49,
This opinion was given to Mr.. Kendall in Stockton and
Stokes case and, although acted upon by the latter,
the material point in it has been overruIed by the Su-
Preme Court. 1t has nothing to do with the pres
ent issue. 1t clearly is no authority for constituting
the act Of 1886, because it is dated and was actually
given in 1885!
There is another view which may be taken of this
law.
1t is conceded that the money does not, in fact, go
into the treasury, but all that is done is to issue q war
rant to cover it into the treasury after it is actually used
and applied. 1t is used before it goes into the treasury,
and is not in fact drawn out to be used, but is first applied,
and then the ceremony of a covering warrant to draw out
Is resorted to, to get IL out. Now il the act of 1886 re-
ouires all the moneys collected to be covered into the