The New York herald., 1870-09-08
UEEXPEADED APPROPRIATIONS.
DISASTROUS Effects OF Congressional Blunder-
iag-G Government OHaoials at Loggerheads-
Conflicting Opinions Of the Acting
Attorney General and the
! s,eiss~ y comptroller q the treasury.

The bundcring legislation OF the last Congress,
which developed the unexpended balance muddle,
has resulted In very spicy connict Of opinion be-
tween Acting Attorney General Talbert and Mr.. r.
". Taylor, the First Comptroller Of the Treasury.
Yesterday In reply to questions addressed by Acting
Secretary Of the Treasury Richardson, Mr. Talbert
gave an opinion practically reversing that OF his
chiei Mr. AkerInan, given the 27tn OF July " the
Secretary Of War. The following is that opinions-
ind that OF the particular works the expend
t1re IN four instances Is forbidden tO commence un-
VII tue happening Of contingent event; and this
Rostponement by law makes lie appropriations IN
these instances outlast the postponemenr, whether
that pOstpOnenent does or does not terminate before
the t day OF July next following the Goth OF April
though the Statute nad expressly PROVIDED that the
expenditure OF tho money appropriated to these
contracts might commence when the contracts
therein mentioned should be execuIed. The object
Of appropriation IN these instances are the buildings
for q Custom House at st. Paul. MINI; the building
New York city; the building for Post
onice. and SUB 6,Treasury in Boston, and
buildings expenditure Is made lawful, "il need ben
after the close of the current fiscal year, by words
which plainly indicate that there was no Congress
slOnal intent to limit those appropriations III dura
ton 70 the close OF the last hscal year. In other
words, think that the real aim OF The proviso was
not to give 10 these appropriations any duration
which other similar appropriations in the same bill
had not but that Congress- deemng that all like APP
tie title and terms of that enactment would
appear TO give TO them, deemed 1t proper
pendi:ure In these particular cases. While
therefore, these appropriations cannot DC de-
M nea , , h1 within he meaning
his letter OF July 81. ut least they do appear
" be appropriations for particular objects, and to
have duration OF law until these specified Ob,ecs
are effected. They do not in my opinion, iii the
second condition mentioned III this opinion OF July
any fiscal Year Thus hot ony do they aot fall II
wltnln the prohibition or sect0n Of the act Of
July III 1870, but also they are not really within the
Limitation expressed IN the term or their own
enactment. They did as valid appropriations,
lose their force with the close of the late
fiscal year. This conclusion is applied 70
20--the last-for continuing and completing
the construction OF pubic buildings In course
heading Treasury Department. IL applies also TO
all appropriations there found for furniture where
ton, and where the occasion for fur ishing might
not arise within the current fiscal year, and to ap
preparations i0r the alterations OF and repairs or
damage 10 public buildings under the control OF the
Treasury Department. 1t must be considered as
within the knowledge, OF Congress that the sums
thus appropriated could not properly-toa great ex-
tent could not pOsSibiy-be expended In the two
months and haif which at the time OF the approx al
OF this act remained OF the current fiscal
year. The passage OF another act 10 supply
the delcences Of the fiscal year eniing
confirm the view. Such an enactment coald not act
'retroactively" upon an expenditure prlOr July
J. 1870, save to egalize what had been done without
presumed TO govern this part OF the purpose OF that
ac The conclusion reached also applies to all like
appropriations for public buildings under the Trea-
sury department made in tue act making appr0pria-
lions for sundry civil expenses OF the government
for the year ending June 80 ISL and for other pu
W the later appropriations, rests not wholly mainly
even, upon reasoning applicable only to apprOpria-
tions made in the deficiency bill Of April 20,
1870. 1t hnds broader ground OF support
IN the fact that the ordinary open and no
tOriOus course or administration, executive and
e, riplv
such appropriations as 1o2 specific objec,s, anu
having duration OF law until those OBJECTS are
accomplished. that appropriations OF this Class
should be made in Denciency bill may seem to be
Inconsistent legislation. but when found in a Def
deficit the bill proposes to supply, they can have
practical force as appropriation unless they be con-
necessary-,1 res rdsiat-that the plain intent of
Congress, the completion OF these buildings may he
executed. Hon. Caleb Gushing lends the weight OF
his opinion TO this conclusion IN the following
remarks, applied to appropriations not so clearly
made Tor specific objects, instead or for specific
time, as those which l am considering. He says
year pay Of the officers the navy pay
bls department. if by reason Of the death or suspension Of
a, S 10 bs any OF s ae % %
continuous object during subsequent year.
The above is believed to comprise answers such ss
am at this time able TO give to all the questions
addr sssed rue.
Comptroller Taylor had previously given an
opinion binding upon the department., taking pre-
cisey opposite views OF the law; and, accordingly
when he read to-day that OF Mr. Talbert he became
very indignant and Immediately addressed the fol.
lowing spicy letter to Acting Secretary l.lchard-
SON.
TREASURY DEPARTMENT,
First CoMrTROLI.ER's 0FFICg, Sept. 7, 1S70.j
Hon. WIN. A. RIcHANbsoN, Acting Secreia AIRY OF the
Treasury
l have read communication addressed to You,
under date Of the 9TH inst by Thomas n. Talber}.
fan
clauses in the general appropriation act for The cur.
rent fiscal year. 10 prevent embarrassment that
bert. bog leave to state-First. inat the Attorney
General can only give his advice and opinion'' in
case Cases wneseas aea s Wiher, %
peal from his decisions except to the
courts law. Second the Comptroller, having de.
t1On referred TO, he viii adhere to such dec siuns
until he shall have been convinced that they
roneOus. Third, the Opinlon OF Mr.. TaDeri Is In d.
rect conflict with path and positive provisions OF
law provisions so plain and positive that the Comp.
troer permitting their evasion would be grossly
act as Attorney General without authority of law,
The acto establish the Department OF Justice provide
case Of vacancy In the Office o. Attorney General,
or IN his absence or DISABILITY, shall have power to
exercise the duties Of that o1lce. Another provision
author zes the Attorney General to refer questions
not involving construction OF the constitution OF
the United states to such OF his subordlnaes as he
may deem appropriate, ana II the opinion given by
such of1icer shall be approved by the Attorney Gene.
raj SUCH approval so endorsed thereon shall give
the opinion the same force and effect as be'ong
to the opinions OF the Attorney General. No such
approval mas been endorsed upon Mr.. Talberts Opn-
ION. ana we may safety conclude that no such en-
dOrsement VIII be made until the Attorney General
snail nave Withdrawn ana reversed his own opinion
addressed to the Secretary Of War July 27 1870 Very
X. w. TAYLOR Comptroler
Immediately on receiving this last letter Judge
Richardson sent word to Mr. Muflett disregard the
opinion Of Mr. Talbert, inasmnch as the opinion OF
the first Comptroller was binding upon the depart
ment The effect of this Is that work on several i'm
pOrtant buildings, including the New York
Post Onice, Will be suspended In few
weeks, and probably great damage will re-
suit as some Of the buildings are just that
far progressed that to suspend will innict great
injury and be attended with vast expense hereafter
But the Comptroller Is one OF those officials who
look severely at the lnM and Cnnstrne it logically