Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-05-01
The District Comm isSiOners and the
United States Treasurer.


the recent letter Of the District Commissioners
TO Assistant Treasurer Wyman:
TREASURY OF rHR UNITED STATES
WASHINGTON, April 80. 1889.
C9ntleine1l:-I have received Your letter OF the
l'th instant In which you declare that the re-
latIons OF the Assistant Treasurer of the United
States to the District sinking fund II any ara
purely clerical characterize the Treasurer,
Instructions to the lawfully appointed agent or
the sinking fund Office as an intermeddliHc with
your business and duties, and deny generally
the TreaSurers right to control in any way the
collection of special taxes that are solemnly
pledged by law to the commissioners OF the
sinking fund for the payment OF the per cent
certificates, as we'll as the validity or important
provisions OF law under which you and your
predecessors In office have been doing business
with the sinking fund Office for the last seven
years.
Confinement TO a bed OF sickness. which pre-
vented me nom signing the instructions 10
which you refer, has also prevented me from
making earlier reply to the propositions now
Tor the first time advanced by you.
Under section 3o4 OF the Revised Statutes, and
tne IOrmal written authorization OF the TreaSll-
rer made In pursuance thereof and approved by
the Secretary OF the Treasury the Assistant
treasurer has at all times, full power "to act ia
the place and discharge any or all the duties of
the Treasurer of the United Statesn That the
Assistant Treasurer can, under the law exer-
clse the powers. and perform the duties. OF TIE
treasurer relative to the sinking fund OF the
District as fully and as legally as can the Treas
nrer himself, admits Of no doubt; and the posi-
ton is utterly untenable that the illness or dis
ability OF the Treasurer must bring TO a stand
S'li the performance OF the duties devolved
upon him as the custodian of the sinking fund
including of course the transfer OF bonds, the
payment OF interest, and all necessary acts con-
nected Herewith.
Inc treasurer denies that the powers and du-
ties or the commissioners of the sinking fund
OF Whem he is the successor, are In any way
cufta1led or transferred by the second section OF
the act OF June 20, 1874, or by any OF her act ON
me contrary, those commissioners were ex-
pIessly continued by that act. The entire Su-
pefVlSlon or the 3-65 loan was intruSted TO them
ana pTov1So to the section, relied upon by the
commissioners of the District, declares that
nothing In this clause contained shall affect any
PROVISIONS or law authorizing or requiring de-
post Of certificates OF assessment with the sink
ng fund commissioners
The Treasurer denies that the direction to the
Dslllct commissioners, in that act. 10 take pos
session and supervision OF all the Offices books
papers &C., "apper tanning 10 the business or
interests of the government OF the Dis
lie works repeals all the explicit pro-
Visions OF law establishing the Independence
or the Sfnking-fund commissioners. or that it
converts the Treasurer OF the United States into
a mere subordinate OF the District Commission
ers. He holds moreover, that If any subordl-
nation had ever existed the transfer OF the pow
ers and duties OF the sinking-fund commission
eIS to the Treasurer OF the United States by the
act OF June II, 1878, completely did away with
Ii, and removed, once for all. the management
OF the sinking fund, and Of all duties connected
with 1t. from the control of the local authori-
ties OF the District, precisely as the transfer TO
the Secretary of the Treasury and the account
Ing officers OF the Treasury department OF
duties formerly performed by subordinate Off.
GERS OF the District, put an end to the control
OF the District commissioners over those duties
The Treasurer denies that the authority to pay
the debts OF the District secured by pledge OF
the securities OF the District or OF the board OF
pubic works as collateral conferred upon the
commissioners of the District by the act OF June
~, 1913, DaS any relation whatever to the tax
lien certificates pledged by law to the sinking
fund commissioners That provision notorious
ly and obviously referred only to securities
pledged Dy former authorities OF the District to
private parties as security for money borrowed
and 1t is not known that any person whether In
the District offices or elsewhere has ever before
cialmed that h referred to anything else. The
lien certlncate and special assessments to the
sinking fun1 commissioners, but declare that all
payments thereon shall be ''eceired. held aud
applied" under the direction OF those commits
siGneTs for the purpose specified. The treasurer
denies that the Commissioners OF the District
are arr either either 10 law ii In TACT trustees for him. but
- S'' lie right conferred on him by law
I and exercised without question for seven years
by tie commissioners of the sinking fund and
himself, as their successor, TO have these special
| assessments collected by his own agent and
under his own direction. Neither the Commits
| S1onerS OF the District nor any OF their Slbordi
mates have any authority in their collection, eX-
| cept that which is derived from the commits
| sioneTs of the sinking fund to whom they are
| ity to collect them was conferred by reSolu-
tion of the commissioners OF the sinking iund OF
| July II, 1873, under which he has ever since
| acted with the consent OF the District Commits
| SionerS and is subject TO revocation at any mo-
ment by the Treasurer. His being subordi-
| nate Of the District Commissioners in other
| matters gives them no right to control bis
acts in this capacity. But for purposes OF con-
ventence the agency might as well have been
conferred upon one Of the clerks in the sinking
| 1und office. The Commissioners may not be
bound to permit one OF their clerks TO act as
the TreaSurer's agent, but so loug as they do
permit him to act Ia that capacity they are
pound oy every consideration Of Official u~', v
and courtesy not TO Interfere between him and
the offcer, who is In this relation, hfs principal
| The Treasurer does not deny that drawback
certlncates lawfully issued may be received In
deny most strenuously that the certificates
winch he has directed his agent not TO receive
are lawfully issued. And until the legality OF
tnelr issue shall have been established by some
| competent authorlty he will deem ft his duty to
| resist Dy every lawful means In his power their
| appncatlon In payment Of the special assess
nents piedged to the sinking fund Office. The
fact that the Treasurer's Instructions were NOT
| given through the Commissioners is utterly i'm
material. II he had the right, as he undenfably
had under the law, to instruct the duly consti-
! tuted agent or the sinking fund commission al
all, he had the right, heretofore exercised with
out question by that commission and himself. 10
instruct him directly. II any question OF ON.
cial courtesy was involved il was saved by
transmitting to the Commissioners COPY OF
the instructions at the same time that they were
| given.
The Treasurer while denying the force of the
| commissioners objections to the method in
! which those instructions were given, or that
| tnere is any necessity for their ratification by
him, nevertheless in order to remove apy and
| all ground OF objection thereto whether we'll
taken or not hereby expressly confirms, ratifies
| and renewS all the Instructions given py the
| Assistant Treasurer In the premises and re
| quests the Commissioners of the District In
communicate the same to Mr. George w. ReaIl
as the agent under the act OF Nav 20. 1874 of
the sinking fund commission and OF their sue
ceSSor, the Treasurer OF the United States.
IN conclusion, the Treasurer emphatically dis
| claims any purpose to intermeddle with the
business or duties of the Commissioners: or TO
pass upon the legality of their acts except when
| those acts interfere with the execution of the
| trust deVolved upon him by law: or TO force
| upon them any issue other than that which has
| sprung from such ATTEMPTED Interference
| Ihe duties connected with the sinking fund of
| Ine District OF Columbia have been thrown upon
| MIN Dy law without his solicitation. and have
| neen performed without remuneration and ar
| tne expense OF much labor and anxiety Among
| tne clearly defined duties thus Imposed upo1
| MIN ne nnds the entire charge and control of
the management OF the bonded and funded
| DEBT OF the District, the custody OF ali taxlen
certihcates issued since May %, lS73. and the
| SUPERVISION OF the receipt, custody and applca-
uon 10 tneir proper purpose OF ali payments on
| tnOSe cer!lncatde- Believing that the transfer
| OF tnese important duties TO the Treasurer of
the lnlted states was intended to furnish an
asSursnce OF .neir faithful and impartial per-