The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-15
MR.. HAYES IN A DILEMMA.
HE rs ANXIOUS TO fJOTD AZ ExIRi
SESSION or CONGRESS-,
aut Unable 90 DO 40 without n Violation OF
rn,y-Mr. Nyhccier's Plan Of supporting
the Army Ntthout IN a Arproprintion. aud
how IL Conflicts with the Consultation.

uf
Inw-Nr. Whccier's Plan Of supporting
che Army without IN 4 pproprintion. aud
how u Conflicts with the C"nsttution
WAsuINGToN March ii.--1he Administra-
lion Ia very anx ioua to avoid nm extra session
of Corgrcss. Hayes does not want to- be an
noyed by Congresmcn; hence he desires to
havo some arrangement madc with leading
Democrats so thnt the Secretary Of War con
mect the expensce OF the army from Juno 80 to
Dec. l. without his acton bcng called in quas-
ton ~ tho Democratic majority in tho House
next winter. II ia assorted that Nlce Pr 'sidcnt
whcelcr Mt Hayes ssuggo has undertaken
90 effect an agreement of this Kind through
certain prominent Democratic senators and
Representatives. WhOclcr. It IA said, claims
that section 1852 OF the Revised Sttucts author
les tho Secretary of War to contract
for clothing subsistence. forage. fuel.
quarters and transpo ortation OF the army.
in fact every thing except the pay
OF the of1lcors and men. up 10 Doc. 81. without
an appropriation. This. II Is also asserted is
held by tho Secretary OF War and the judge
Advocate General. II there is such warrant OF
law for expenditures OF this Kind without an
appropriation. why should the President and
his advisors wish TO make an arrangement with
Democratic mombers Of Congress that they
would not question tho authority Of tho Secrc-
tiry of War in tho prcmiscsl Although Mr..
""eei'r II u"o'ou 'n' e"' '' ,''" w i"s u ',''
troops wns tho ony item in the army cXpcnd-
lures which could not I've met by tho Seer ary
Of War undor section 1892 Of the ROWS id STAT
utos. it il doubted that he is such y
fool ~ 10 hold that The Secretary of
Wnr or any othor oniccr Of the Goycrn-
ncDt can pay money without an appropriation
therefor. Tho Constitution expressly provides
that no money shall be- drawn from III rreas-
ury exempt In consequence of appropriations
Rovie1 Statutes, and Mr.. Mhcnlsr ought to
know as much. Bn, 1t Is llim'i ~ soiinc stu;
ki1uitas' To which mir. Wheeler rofrrs, makes
an appropriation ii il dil it would be-
tla instrument expressly provides that no
Gpiropr,ston Of money 10 that U.s. l.uppor, Of
tw0 v.are S, ton 1882 OF the E@visrl statutes,
Simply provides thnt tn Secretary Of War and
M, So rotary of tho Navy may contract for
cIo'hus. sulsi-tonce. forage. fu.l. quarters.
ard tr.rspo ortl,ion without the snmc being "
lriat'l Nlr PROVIDED they do not exceed the
".,rr,si y'ar" Is IN" nnint On With Mr.
Whc.lor nnl tha Presidents adyis rs hang
thr'r ntrrnrctltlon of tho law ThDv claim
thui means the calendar v'nr uli not tin ils-
ol srr. There is. however nothin- TO indi-
tr conirary. tho rensSSnahie ,,S mi 'rprcta.
uor .f tn law IN that il simply ruthOr-
i1es liz s,rrotarlcs oil War and the Navy
10 mak, contracts for certain supplies with
out iir same having been specially authorize "A
hy law But IN " must not exceed tho No .ess =
ue.'oi tho curront yrar--that s thoy must not
made contra, is 'or supplies which will Not he
nrnlr.' ii,ltl at r The 3Dih OF June Hrrctofore
wlen the Secretary OF War has come in with
d.ilricn.y bills to moot Expenditure IN cNncss
of approximations tho making OF contracts IN
excess nf npnrnpriations has ALWAYS b,cn iusti-
Nod IN Ter s@,inn 782 hit wis II ,ycr claimed
before that this ~ ton authorized cXpcnd!turce,
until tho 3lst Of December. whether an nppro-
printinn was ,nnda or not
THAI seton 3 782 IA rcnllv what have
ciaiircl /, WIS wifi hr seen 10y refer nee to Soc
ton 9G7y which in the broiest terms prohib-
It's any and NH cxnnihIitnrns hy nny dopnrtmcnt
Of tn, Government without cNpr' - appropria-
tion hayinc been mad, therefor and also for
lids nny iu,lnbtrdnoas being in n,urred. There
wa, a famous case onee which was the cilrse OF u
gr.,L IeiI of srnnlnl about IA s. rItury ~
War who undertook to do what ia. law all not
nuihor,ye. FLOYD. when hr Wns i'm ihr War
ON - accented The hills of Manor * Its-,!i.
who were transportin.. supplies 10 In" truors