Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-10-07
DEPARTMENT OF JUSTICE, !


sIoNERs.
DEPARTMENT OF JUSTICE,
September 90, 1879.
Mr.. President-Sir: l have considered the
questions which, at the instance of the Com
missioners of the District of Columbia, you have
referred to the attorney general; and, herewith
l submit reply. Upon certain dealings in re-
gard to the sinking fund belonging to the Dis
trict, question has arisen whether the treas
uIer Of the United States can disburse that
fund in course OF law, except as authorized
from time to time by reuuisition of the Commits
SionerS OF the District. Another question Is
made, but the facts thereupon appear from the
accompanying papers to be unascertained, and
to the act OF 1877, ch: III, Q9 Stat, 1869, the
funds of the District Of Columbia were kept In
epoSitolleS-usually bankS-thoSe required for
ordinary expenses to the credit OF the treasurer
OF the District, and those of the sinking fund to
the credit Of the commissioners OF that fund.
By acts passed III 1878 and since, the funds are
required to be paid into the Treasury OF the
United States. by acts OF its legislative assem-
bly, in 1871 (chs. 81 and 5Sl, moneys required for
the ordinary expenses OF the District were dis
tributed by its treasurer under warrant from
its comptroller, authorized by previous GER
tificate from its auditor: whilst moneys re.
quired in the course of managing the sinking
fund were djsbursed by warrants Of the COM
missioners of that fund alone The act of 1874
ch. 231, (5s Stat, I'D abolished certain Offices
heretofore existing in the District, but made
no changes in the matters above stated. The
trict OF Columbia. by its 18th section required
all the moneys of the District TO be paid into
the Treasury of the United States, and to then
be disbursed only upon warrants of the account
ing officers Of the District, to be issued under the
"diIectfon OF the Commissioners Of the Dis
trict."
1t seems plain under this provision that
money collected for the sinking fund was to be
paid into the Treasury OF the United States,
and therefore equally that any warrant by its
commissioners for its disbursement required
before issuing direction by the District Com
missiOners. By the act of 1873, ch. $50, sec. I,
pamph. 1919 the duties of the sinking fund
commissioners were transferred to the Treas
urer OF the United States, who was required tc
act therein under "the provisions OF existing
laws"
We have seen that the provisions of law
required direction for the District Commits
sionerS to authorize any account for dfsbursing
the sinking fund. Finally, the act Of March Sd,
1879, (sundry civil act,) renders pamph. 4l0) a
reQuisit1on by the District commissioners nece5-
sary for drawing from the U. S. Treasury any
money appropriated thereby or otherwise col
lected for the purpose of the District.
Upon the whole matter it seems that afterthe
act OF 1871 above cited, no money could be dis
bursed by the sinking fund commission except
upon warrants directed by the District Commits
sioners that this was part of the law referred
to as to govern the United States Treasurer
upon his succeeding to that office; and there
fore that the above provision Of the act of 1879,
upon the general matter (although obviously in-
conforms to deliberate policy Of Congress.
am therefore OF opinion that a previous re-
QUESTION upon the Secretary OF the Treasury
by the DfStl1ct Commissioners Is necessary to
authorize q warrant for disbursing the sinking
fund by the Treasurer of the United States.
Very respectfully, &C.,
S. F. PHILLIPS, Solicitor General.
Approved:-CHAs. DEvENs, Attorney General.