The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-15
GENERAL WASHINGTON DISPATCHES.

WASHINGTON, March H. 1877.
THE NEW CABINET IN SESSION QUESTIONS OF
CURRENT INTEREST CONSIDERED
A Cabinet conference was held at the Executive Man.
sion TO- night lasting from nine until nearly eleven
O'Clock All the members of the Cabinet In at
tendance. The principal topic Of discussion was
plan for tho regulation OF appointments to
Office. This received very general attention, but no
definite determination was reached. The commit
tee, consisting of Messrs. schurz and Evaits,
which has the subject under Amusement,
has not yet completed the preparation OF the civil
vice rules, and has made report
The conditions of tho States OF Louisiana and South
Carolina did not form part OF the proceedings tonight
Some consideration given to the subject OF calling
an extra session OF Congress- but that is still a matter
Tor future determination by the President It was
settled that no necessity existed Tor extended
sion OF tho Senate.
THE AUTHORITY OF THE MILITARY DEPARTMENT
TO MAKE EXPENDITURES IN THE ABSENCE OF
AN APPROPRIATION.
Tho following letter. referring to tho purchase of
supplies, &C., Tor the army in the of appro.
priaon therefor has been addressed General sher
man by the Judge Advocate General:-
WAR DEPARTMENT
BUREAU OF MILITARY JUSTICE,
WASHINGTON, March ., 1877.
W. T. SHERMAN, General OF the ARMY
GENEkAL-Reerrirg 10 the matter OF the inquiry ad-
dressed ~ this morning through ColoLe Tourtel.
lotte, A. d. o., l have to express tho opinion
that IN the absence OF an Appropriation or other
specific statutory authority Tor the purpose the mill
tnry department Of the government would not,
VI this time, be authorized by the provisions
OF section No. 1872 OF the Revised Statutes
70 purchase contract for any OF the supplies,
&c, Tor the army, mentioned IN SAID section,
Ior any longer period than during the remaining
part OF tho present fiscal year. The section ind
Gated was quite evidently war measure, aud IN
tended 10 authorize the purchase OF supplies In
case where through some unforeseen exigcncy OF war;
Inc same were absolutely required Tor the troops
but oven this extraordinary authority was limited
Inc necessities OF the year, and this term
present fiscal wear.
This view Of the section and the Interpretation OF
the term ''currcnt year" are confirmed, in my Judg-
ment ny The provisions OF section No. 500 OF
the Revised Statutes. This section IN positive
Terms iorpds any departments u tho government IRON
expcnding III any one fiscal year any in of
the appropriations made by Congress Tor that fiscal
year or from invovg tho government ia any contract
Tor tho futurc payment uf money in excess of
such appropriations This section. Adop,cd IN July
1870 might well have been regarded as rcpealnp tho
exception contained IN section 49, That exception
however. having bccl allowed to stand must
| think, in view vi the provision of sec.
lion 3,C19 certainly be strictly construed,
The latter being statute enacted nnc
years alter aud expressing very evidently the settled
policy oil the government In the matter or public OK.
pendtures and contracts under "a peace stains I
have tho honor TO remain, General very rcspeclIullv
your obedent servant, w ~ DUNN
Judge advocate General United states Army
Section 3,679 above referred to- is IN its full terms
% folows:-
No department OF the government shall expcnd In
any one fiscal year any sum excess of the appro.
Usistons made W Congress Tor that fiscal year. or iu