National Republican., 1885-10-01
GEN. ME1es TO BE PAID.
Comptroller Durham Decides That he
MAY Draw Two Salaries.

Judge Durham, first comptroller OF the
treasury, has made the following decision
in regard to the accounts of Gen. Meigs
for salary as superintendent of the con
structon of THE pension building:
"Thc question herein involved has here
tofore been passed upon in q similar case
by my predecessor, Judge Lawrence, and
also by the court of claims, the former dis
allowing the claim and the latter giving
judgment for the claimant.
"Tho sole question is this: Does Gen.
Meigs come within the inhibition of sec
tion 1,C5 Of the Revised Statutes, he being
an officer of the United States with fixed
salary.
"Said section is as follows No officer In
any branch OF the public service, or any
other person whose salary, pay, or m)lu-
monts arc fixed by law or regulations, shall
receive any additional poy, extra allow
ance, or compensation, In any form what
ever, for the disbursement OF public money
or for any other service or duty whatever,
unless the same is authorized by law, and
the appropriation therefor explicitly states
that 1t Is for such additional pay, extra
allowance, or compensation
"This section would unquestionably bar
him from compensation for any extra SER
vices rendered to or for the United States,
unless the act under which he would per-
exception Of said section. Said approprla-
tion Is Us follows:
"For the erection of brick and mot Il fire.
proof building, TO be used and occupied by tho
pension bureau, In accordance with plans to be
approved by the Secretary of War aud the Sec.
retary Of the Interior under the supervision of
Gen. NJ. G. Meigs, late quartermaster general
United states army, retired, the sum of SIS j,0)),
appropriated by the sundry civil act approved
March 3, 1881, Is hereby rcnppropriatcl and
made available for the purpose"
"Dld Congress by this net intend to i'm
pose the duty of experimenting said build
ing on Gen. Meigs without compensation,
or did II create new office, not incompat-
ible with the one he held, and provide extra
allowance or compensation for the services
so rendered by him? To my mind, the
question is not free from doubt. IL the act
had directed said building to be constructed
under the supervision OF some competent
architect, and the Secretary of the Interior
has assigned Gen. Meigs to that duty, he
then would not have been entitled TO any
| pay for his services, as he would have come
within the inhibition of section 1865. But
the act making the appropriation for the
| erection of said building designated under
whose supervision the same was to be done,
| to wit, under the supervision OF Gen. NJ. e.
| Meigs, late quartermnster general, United
States army, RETIRED and then appropriated
$3.50, goo to be available for the purpose OF
erecting said building.
"lf this act had fixed Gen. Meigs's COM
pensation, there could have been no doubt
that he would be entitled to the same. But
looking at the act, am Of the opinion
that, as Congress named him as the super
intendent, and provided the compensation,
! he Is enttred to the per diem fixed by the
Secretary of the Interior Gen. Meigs was
on the retieed list, and the duty herein im-
! posed had no connection with any duty of
the Office he held or had held; and / am of
opinion that he comes within the cxcep-
tion in the above recitcd section. The case
of Converse VS.. The United States (2l How.
4G4) sustains this view. The claim will
therefore, be allowed"