National Republican. (Washington City (D.C.)) 1872-1888, 1874-07-18
IoPFICIAL.l
CULAR RELATING ToUNEXPENDED
OF APPROPRIATION

CIRCULAR RELATING ToUNEXPENDED
BALANCES OF APPROPRIATIONS.
TREASURY DEPARTMENT
WARRINGTON, July Is, 1874.
Lne iolI0ning 1eeISLos ~ LTe Nh haSSncks
Of appropriations to the surplus fund, under the
provisions of tho 5th section Of the act Of June 90
is74. and to certain exemptions made therein, e
published for the information and guidance Of all
Acting Secretary.
FIRST CoMPTRoLLER'S OFFICE, July IS, lSI4
SIR: Your letter OF the 10th instant, asking my
opinion several points relative to the oonstruc-
tiOn OF certain provisions In the appropriation
act Of the late session Of Congress- has been re-
ceiyed.
Executive and judicial Appropriation Act, ap-
proved June 90 1874, repeal that portion Of the
Sd section of the Army Appropriation Act, ap.
pius fund unexpended balances. certified by the
proper Auditor, to be necessary IN the settlement
81 accounts reported to him by the Quarter
section OF the act Of June 20 in effect, repeats
so much Of section Of the act Of une 10 as Is in-
consistent with its provisions Section OF the
act Of June 10 related TO appropriations for the
Quartermaster's and Gommissary Departments
but excepted from its operations moneys neces-
SaTy to pay ~ aSSOIni peP0E snsEm SnS and in
process of settlement in the Office Of the proper
Auditor.
and requires s'alI unexpended balances Of Rppro-
priations, which shall have remained upon the
books Of the Treasury for two fiscal years, 70 be
carried to the surplus fund and covered into the
Treasury" with . proyiIo exempting certain ap-
propratlons from Interpretations, but not including
those mentioned In the exception In section OF
the act OF June 10 In this respect the two sec
lions are Inconsistent, and the last in date must
prevail. ,,-.-,,,..., A., -..,,..
cIhc appropriations, which are to contlnueayads-
BILE until otherwise ordered by Congress, under
the first proviso OF the 9th section Of the act Of
June %, 1STiG"
which may be deemed permanent specific ap-
preparation" but 1 understand the term to mean
1eS Action Of
appropriations to eontinne until the completion
OF the work or service for which they are made.
Approximations for collection Of revenues from
customs; for the payment ofinterest on the public
| debt; for steamboat Inspections FOR marine hos
pltal service; for rsIunding duties, &c, are TO be
| deemed permanent. The first consists Of fixed
sum for each six months; the second, Of such SUN
as may be necessary; and the third anu fourth, OF
certain specified revenues. These are exam
pies. Others can be readily determined as CUES
|ThiTd' What IS 10 be deemed the nature OF the
contract existing at the daSe 81 me PaS'Sge o.
vented By tho operations OF the 5th section Of the
act Of June 20 isTI and how is this oee to be In
! formed OF the existence OF such cOntTacts?"t
| IL IL evident Congress used the word contract
| in a limited sense; certainly not in very broad
one. am OF the opinion that Congress meant
I
/ Of execution and unfulnlled June 20, 1874. II Is
| clear that Congress did not mean all unpaid La
bIlities Sounding in contract, for that would in.
| clude everything, and be inconsistent with limit
| which CoREress evidently intended TO impose
| The contracts referred 10 should also be consist
| ent with the provisions OF the 9TH, 9th, and Ith
| sections Of the act Of 1870 for those provisions
SIN remain 10 force with the added restrictions
on the SIN section Of the act Of June %, 1874 and
are to be considered In constituting the latter, 50
| that the contracts provided for must have been
properly made within the year or period to which
| The appropriations respectively relate.
| This Substantially answers the letter OF the
| Second Auditor, Of the 10th instant. referred q
! this ONCE, as well as yours Of the same date.
| Tho fact that money is due TO a person CANNOT
change the construction Of the 5th section; for Il
Il we're the intention to keep appropriations open
| for their payment, that section would have very
| little n any, f0rce whatever. Indeed, II would
! add nothing 70, but probably diminish the eteo
| Of the legislation Of 1870
an, very respectfully,
Hon. @. F. CoRdHt, Acting Secretary.
-
| ENoTE-"All contracts to be made by virtue o
this act or Of any law OF the United states, anc
| TeGuirIng the advance Of money, or to be in any
| manner connected with the settlement OF publH
accounts, shall be deposited In the once OF th'
Comptroller Of the Treasury Of the United states
within ninety days after their dates, respee
| tiyeiy"-Aef July 10, lT9s, q Stat, elO)