The New York herald., 1870-08-03
WASHING oToN.
The First Official Opinion Of Attorney
General Akerman.
l1oRE FRAUDS ON PENSIONERS,
The Commissioner Of the Pension Bureau
l Raiding on Claim Agents.


90 tfrt WASHINGTON, August 2, 1870.
C'aincatiss Of thc Mint and Coinage Laws.
On the 25th OF April last the Secretary of the
Treasury transmitted with his approval report and
bin prepared by John Jay, now Deputy Comptroller
Of the Currency comprising codiacation OF all
the mint and coinage laws OF the United States, and
proposing some important reforms. Near the close
of the session resolution passed Congress calling
for III the correspondence OF the Treasury Depart
ment which transpired during the preparation Of
the bill. The document containing the correspond
enOe has just been issued, and Is unique. 1t con-
slssg OF ninety.six pages. and contains more than
thirty letters from experts throughout country
relative to our present mint and coinage laws The
letters are written in the most familiar style and
for, the most part uofficial. and, OF course,
were prepared without expectation OF being printed
They touch upon almost every subject In reference
to coinage, and give suggestions In reference to
almost every one OF the seventy sections con-
txined In the proposed bilL The information is
valuable, ana could not probably have been at
tanned except in this informal manner. 1t will fur.
nish to the Finance Committee OF the Senate the
material from which to prepare the most perfect
Mint and Coinage act which has ever been enacted
in any country. The correspondence includes let
terB from Patterson, Peale, Snowden and Under
man, Of Philadelphia; B0ugane, OF New
Orleans; Dunning Torrey, Msron and Raymond,
Of New York; Harrington and Chandler,
recently Assistant Secretaries OF the Treasury the
Solicitor OF the Treasury, and many Others with re-
ference to the importance of the proposed egisla-
tion. There is also additional correspondence In
reference to abrasion OF coinage and the security OF
the redemption Of the MINOR coinage.
Exposure Of frauds ON PeusionerS and
6windlinz of the Pension Bureau.
Commissioner Van Aernam, OF the Pension Bureau,
Il continuing his raid upon the CLAIMS agents and
attorneys guilty OF swlnding pensioners ana de-
fraudinR the government Some spicy correspond
ence has reached the hands OF the Commissioner,
which promises to develop whole nest Of corrup-
ttOn and swindllng. portion or the
correspondence was between lawyer In
New York and O noted claim agent in
this city, ana laid bare complete plot to swindle
their clients out Of nearly one-half the money due
them by the Pension ONCE The letters explain how,
BY smart lodges on the part OF the lawyer and claim
agent the poor pensioners would be humbugged and
the plotters enriched. Dr. Van Aernam has shown
these letters to Secretary Cox, who has them in
his possession. This particular case is being
worked up with great zeal, and'it ts thought pru-
cent not to give ont the correspondence for Dublca
ton until the investigation is matured Some very
SPICY developments are In prospective.
Opinion Of Attorney General Akerman In
Rotation 20 the Construcrlon of che Act
Making Appropriations for the Expcnses Of
the Government.
The following ie the text OF the opinion Of Attor-
ney General Akerman relative 70 the constructio n
Of the act OF July IL making appropriations for
the expenses OF the government for the current
Ascai ye AZ. The opinion was transmitted to Secre-
sary Belkn ap to-day and is OF the highest mpor
sance TO every branch OF the government
DEPARTMENT OF JUSTICE
WASHINGTON, July ~, 1870
Hon. WILLIAM W. BELKNAP, Secretary or War;
SIR have received your communication Of the
tive and judicial expenses OF the current fiscal
yo n sS w
Nrst-"Can balances OF appropriations made
1or the fiscal year be applied to the service
should be considered In answering this question
are the fifth, sixth and seventh. Section I'VE is in
these Words
ropr.uon bills and made specifically for the service Of any
and % as the expiration
pense. properly incurred during that the fulfil
al: ID n @ % ss APPLY
shall Ss into the TessurS
.os r. ss%a q ne auditor,
Ser duration or tie Of this
Section provides shall not be lawful for any
department Of the government to expcnd In any fiscal
u the ~ co
tract the future Of money in Of such ap
The examination OF section five will show that to
bring balance within Its provisions 1t must remain
s o IN ne
made specifically for the service Of particular fiscal
year. third, that 1t shall not have arisen from an ap
preparation known as "permanent;" fourth, that II
shall not have arisen from an appropriation known
as 'indefnite." II the balance To whicn your ques-
ton relates within these four conditions they
cannot be applied to the service OF the current year
except to pay expenses incurred during the year
186970 or TO the fullllment OF the contracts made
within the latter year, but II the balances do
not come within all OF these four conditions
they UNAFFECTED by this section Of the act hut
such balances, and all balances OF other appropra-
tons, are by section SIX, reserved from current
penditure and carried into the general treasury
when they have not been drawn against for two
by law. unless they shall be required In the SETTLE
ment OF accounts sending in the once OF the Auditor
The jact that balance has been drawn against
within two years since the last appropriation re-
serves II nom the operation of this section mat
.sr ng he ne wc daance may be or how small the
This section is expressly made inapplfcable TO
oppr0p,aons fSr me me payment or the interest
which Congress may nave gwen longer dnra.
iion Of law.n To what class Of appropriations
does this last clause refer? The most satisfactory
answer Is that 1t refers to appropriations made fOr
longer period than two years. the only Expression Of
time In that section with which II can be Compared
the purpose of Congress apparently having been that
. appropriations unexpen0ed and unnoticed by being
drawn against for the space Of two years Should no
into the general treasury unless, at the time OF
the appropriation, the expenditure was not ex-
pected t0be complete within two years. A narrow
and literal construction OF the seventh section would
make the nth and sixth sections utterly worthless
Presuming that Congress intended all OF these
sections to stand tdkether and have erect I am
brought to the conclusion that the seventh section
does not prohibit the expenditure for proper objects
Of such balances as do not fall within the prohibi-
tlons OF the ffth and sixth sections. Recurring
balances Of appropriations made for the year 1889 7c
Of any description, even If contained IN annual an.
propriat1on bills and made specifically for that
year 1901 so far as first, to pay I'm the current
year expenses properly incurred in the former years
ana, second, to pay dues upon contracts properly
nerfnrmed Till iviihin the Latter c,,rrou4