New-York tribune., 1870-08-03


Congress NAV have given a longer duration OF law,
are reserved for this operation OF this section ,
Section provides That II shall not be awini ior any
Department OF the Government 90 expend In any ono
fiscal year any sum In excess of appropriations aae 10y
Congress for that fiscal year. u involve the doVern
ment any contract for the future payment OF money In
excess Of such appropriations. 4.
balance within It's provisions, It must remain; First
From appropriation contained in the Annual Appro
aspecincay' for the service OF particular fiscal year
THIRD That shall not have arisen from an ,
have arisen from appropriation known as indehite
4 the balances to when your rs b nppSa to
the service Of the current year. except 10 pay
Se dthg ths year c atcr Wear but II the
balances do not within all OF these iour
are unaaeGed & Dy ts etgT Ser spnropTiatons are
by section g. reserved from current a @ eHPchuaThro ha
they have not been drawn against for two years from
the date Of the last Appropriation Waue ~ ~ "ccnnntT
pending in the office of the Auditor The fact Va AZ pn %
ance has been drawn againe within Two years sue W & o
last appropriation reserves from INC m or or h ,Is
section matter how large the balance may he OF 40.
small the amount may be which has Deen di,Wh HsaO
IT, This section is expressly made lnallctpIu IL 10 ny p
preparations for the payment of the interest or p1-
cipa OF the public debt snd to approprleat.9na 70 70
which Congress may have given ongeI u ti i, VI
law" To what clause Of appTopfaona GUSS ia I that t
clause refer' The most satisfactory ans%r d 5 i' th
refers to appropriations made Tor ionsr ~ iion
two years The only expression Of time III that section
with which it can be compared The purpose o,
apparently having been that aplroprla'tonS ~
and unnOticed by being drawn against Tor te space Oh
two years, should into the general treasury ueS1 az
the time of the appropriation the expenditure was hot
expected to he complete within two years ..r, 80.
ton Gn mpe AMI 'fs tba b end with sections utterly
worthless. Iresumng that Congress intended all OF
these sections 10 stand together and nave enS| a
brought 10 the conclusion that the seventh section does
not prohibit the expenditure for proper Objects OF sneh %
and sixth sections Recurring then to your first qucs
ton, am 0f opinion that balances OF APPROPRIATIONS
made for the year 1920 OF any Gestrlpton,
even If contained in the annual Appropriation
bills and made specifically ioT taat & nsoal a !S, S i s a
First to pay in the current year expenses pr1"fy IN
CURED in the former year and second 10 pay aes upon
the contracts performed till within tine latter or
current cum year TINS PRS e Sr ySnoS ,SEIS Of ~ section
Fur an Of opinion thai neither e ih nor poD 5n0
the use of balances: FrstWhcre they are for appropr
aons not made in annual appropriation nuis; SecUtaI
ly for particular fiscal year. Third-Where they are
Where tbcy arc from apnropriations known "ndeh-
mite" The proper OF such balances Ia 10 be
ed by other provisions Of law than those sec
ti0n FIVE six OF the act under consideration
manner OF using balances but merely pescflDes 'c 'o
and manner af their transfer to the surplus fund
Second: Can claims allowed under the act OF July
1864, to restrict the jurisdiction o the court OF ,s
etc. n3 stat p, ssh he paid from the appropriations ior
know Of no principle which would authorize the pay
Of the appropriations for that year seem to be Tor ha
ird Can the approprations for is7l he used any
purposes except the actual expenses Of the service lor
the fiscal yearl M .
think not This answer Is upon the supposition that
you refer to such appropriations as by the term, ot he
act are for the service Of this year Congress has the
right to limit it appropriations to particular times as
well 10 particular objects, and when n mas clearly
done sO it, will, expressed in the law, should be l-
pcitly followed. This Wow Will not forbid the us9 In
The next year, OF balances remaining from snch apprO
praOns the end Of this year, in the pay nent 0i ex-
pcnses incurred and contracts mace within TINS year. as
authorized in section FIVE.
Fourth: Can money called for by counter requistOns
to settle old accounts be taken from the appropriations
for the current fiscal ycari
In the approprafions for the current year find
for such oc and, therefore. answer this question In
the egatiVc."
TiCk: What are permanent or indefinite appropTia-
tiOusi
Knowing the difficulty OF undertaking an exhaustive
definition such terms, wl for present purpose,
ADOPT tc language which has been used in legislation
and define permanent appropriations as those ioI
an unlimited period and Indefinite appropriations
a those in which no amount is named. ,.
have the honor TO be, very respectfully Your Ohedeht
servant, a. T. AkERhAN Atty uehl'