Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-06-25
The District Sinking Fund Contro.
VerAys

OPINION OF ATTORNEY RIDDLE THAT rHs SINK
ING FUND COMMISSIONERS MUST REPORT TO THR
DISTRICT COMMISSIONERS.
In reply TO the communication OF the Treas
uIer OF the United States as TO the manner OF
making estimates for interest and sinking fund
OF the funded debt OF the District of Columbia.
submitted by the Secretary OF the Treasury,
the District Commissioners have transmitted
an opinion OF the Attorney or the District
which they think conclusively sets at rest the
opinion he states: Upon the questions there
In referred TO by the Treasurer obServe-that
under the act OF August 10, 1871, OF the District
and Of June II, 1875 the Treasurer Of the Uni,
ted States as the officer OF the sinking fund OF
the District OF Columbia is an officer OF the Dis
hn91s,e os to qn ara IN that capacity Is su
THIS cfnce, which he hlls, was created by
law OF the District, to perform functions
rnI,saa nmnea :. 70 District anairs, and he is
trict government by the law OF his creation.
The act OF June %, 1874, slightly supplements
the duties Of sinking fund commissioners, but
leaves them In the same relative position In
connection with the District government. The
9TH section Of the act OF June IL, 177s simply
transfers the powers and duties OF the sinking
fund commissioners TO the Treasurer OF the
United States, without any change In them or
IN the Official status OF the officer who Is to
discharge them. The I'd section OF the act OF
June 20, 1874, invests the Commissioners with
all the powers and duties OF the Governor and
board OF public works under the acts OF Febru-
ary 2l, 1S,l, and the District legislature
not impaired by the act OF June 70, 1874
1t directs them to take possession and
supervision OF all the offices, books, papers,
records, moneys. credits, securities, assets and
accounts belonging or appertaining TO the bu-
siness OF interests OF the government OF the
District OF Columbia and the board OF public
works, and exercise the power and authority
aforesaid" &C. In the face OF this broad, sweep
Ing provision 1t cannot for q moment be pre-
tended that the sinking FUND commissioners
were not included. The third section OF the
act CT June IL, ISIS, continues all the powers OF
q ~ and Ss ~ ns
language, subject only to the limitations OF the
act itself. The sole provision or this act which
has reference to the sinking fund is the 7th
change In the powers or duties OF the func-
tonary who discharges the duties Of the
sinking fund commissioners. He may not be
August 18th, $50. IL so, that Is arrived at by
Implication, while In every other respect he
occupies the precise legal status OF the late
are In strict accord with this view. Il does
not follow at all, because the oficer or the sink
ing fund can, In the discharge OF his duties dis
osde me m1ney % tns s u no ON ms own
tie District government nor yet because he is
also the treasurer OF the United States does he
thereby escape the responsibility OF a disburs-
ing of1icer Of the District. His powers and
functions, and also his accountableness In the
TWO ofhceS are entirely distinct, and SUBJ
ordinate to entirely distinct departments.
the act OF June goth, 1874, was the existence or
divers small Independent bodies corporate
within the limits OF the District. Some Of these
survived to June II, 1875. From these two acts
1t Is apparent that Congress intended to make
the Commissioners supreme In the control OF
the affairs OF the District, and any claim to the
est declaration or law, which il is believed does
not exist In the case under consideration"