Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-09-26

The following IS the decision of the Acting
Second Controller notice of which has already
been made in the newspapers. 1t will be seen
that the decision treats exclusively on the cues
ton of advances of public money from the
Treasury of the United States, and does not
touch in any manner the subject OF disbursing
regulations which is entirely under the control
OF the different departments
TREASURY DEPARTMENT,
SECOND CONTROLLERS OFFICE, Sept. 5, 1874
SIR: return herewIth-accouBta redufsi-
ton, No. S91, for as, ,907 90, drawn in favor OF
Lieut.. L. NJ. Hayes, 5th cavalry, acting Chief
qusrtermaster, &c, for the following reasons
viz:
Sec. 1st, act of January 3lst, 1923, g stat
I23l provides, "that from and after the passing
Oh thls act, no advance of public money shall be
made IN any case whateveT,
"Prortdsd, That 1t shall be lawful, under the
especial direction of the President of the United
States, to make such advances to the disbursine
officers OF the government ss may be necessary
TO the faithful and prompt discharge of their
respective duties, and to the fulfllment Of the
public engagements"
In pursuance of the above provisions the fol
lowing Executive order was Issued.
Hon. Il. w. TAYLOR,
First Controller of the Treasury Department
EXECUTIVE MANSION,
WASHINGTON, ID. c.. March II, 1859.
SIR:-Under authority OF the act OF January
81, 1923, "cOn cerning the disbursement of pub
lie money" permission is hereby given that
reedtnl advances OF money be made , dis5urs-
ing officers in the civil service of the govern
ment, who may have given bonds pa required
by law to such military and naval off GERS as
may by law be authorized > disburse the same
and to the bankers OF the United States in Lon
don, as requested in your letter ofthe instant.
[Sigued ! U. GRANT.
The question arises. are line Officers OF the
army, detailed and ordered by proper authority
TO disbuIse money, "disbursing officers of the
govtrDT:nt," authOri zed by law to disburCe the
public money, within the meaning and intent
OF the act OF 1873, and the executive order above
quoted?
Sec. 6, act of April 81, 1916 g stat. 29y, pro,
vides "tbat all officers OF the paw, commisssry
and quartermaster's dep Irtment shall, pre- viou :
TO their entering UI On their respective offices
give good ard sufficient bonds to the United
States fully to account for all MONEYS aud pub
TIC props -ty which they may receive, in such
sum as the Secretary Of War shall direct"
If these officers by reason of their detaiI a.
acting assistant quartermasters become Off GERS
OF the quartermaster department, they should
give bonds as required by law; but If their
status as line officers Is not changed by such
detail, and there is no provision Of law reduir-
ing them to give bonds, L know of no law au-
thorizing this department to advance public
money to them fer disbursement.
Act OF July 3, 1888, appears TO make an ex-
ception in the case Of engineer officers, and au
thor1zes them to disburse money in cert Ain
cases, although there is no provision of law re-
qulrlng them to give bonds
Whatever the exlgencies of the service may
require In the way OF detailing officers and the
placing OF moneys by transfer In their hands for
disbursement, am of opinion that this deplrt-
ment should advance public money only 70
bonded officers, and to such other officers = are
expressly authorized by law to disburse it, The
.st Controller and the Secretary of the Treasury
nave been consulted and concur in this view.
very respectfully, K. b. CURTIs,
Acting Controller.
Hon. W. W. BRLKNAP, Secretary OF War.