Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-10-20
THEIR AUTHORITY LIMITED.
Attorney Thomas Opinion a. 70 the
Effect of the New Law.

During the past year the appropriation bills
for the support Of the government OF the Dis
triet OF Columbia have provided that over
seers and inspectors temporarily required in
connection with sewer, street and road work or
the construction and repairs of buildings and
bridges or any work done under contracts au-
thorized by appropriations . shall be
paid out Of sums appropriated for said work.
&C." The amount Of money appropriated for the
permanent force of clerks, inspectors, engi-
neers and Others employed under the engineer
department Of the District has been but little,
if any. increased since 1878, whereas the amount
OF work annually required has increased many
fold and 1t has been impossible with the Office
force allowed on the permanent list to carry on
these works. When the current appropriation
bill was under discussion in the committee Of
the the. two houses use Of Congress these mat
and the wording of this paragraph was
changed SO that it reads in the present bill
'that overseers, inspectors and other employees
temporarily required, &C." 1t was the inten-
ton and desire OF the engineer de-
partment in asking to have this changed
and it is understood that it was the intsn-
tion OF Congress in making the changet al
low an increased force TO be employed in addi-
ton to theloyerseers and inspectors mentioned
and the words ''other employees" were used so
needed, and IL was hoped that as this
term was so general that il would cover
such employees as were needed. Under
this appropriation bill the Commissioners have
appointed several employees on the temporary
list, among others several clerks and stem
ographers. 1t Is understood that the account
ing officers Of tho treasury are not satisfied that
such appointments were proper under the
phraseology Of the bill. The matter was sub
mitted to the first controller, who referred the
r., Al
the request that the attorney for the District
be called upon for an opinion on the subject
WHAT TEE PHRASE MEANs
Assistant Attorney Thomas wrote an opinion,
and in it he holds that while the words .'other
employees" may be very indefinite standing by
themselves, yet taken in connection with the
context their meaning is plain and he think 8
that those words in the act of Congress in ques-
ton mean other persons temporarily engaged
on street, sewer and road work. He says fur
Their that the words land other employees"
would mean other than overseers and inspec-
tors and might include clerks, typewriters and
stenographers, provided their services were
necessary in connection with the work, and
such other persons SO temporarily employed
on one job might be carried over
the succeeding job and continue on the
temporary roll as long as the work under sue
cessive contracts lasts. He does not think,
however, that the Commissioners have a right
under the phrase land other employees" tenn
porarily required in connection with street
work, to employ clerks and stenographers,
though temporarily, and assign them to other
duty. In conclusion, he says that he is OF
opinion that under the act of Congress referred
to the Commissioners can only employ such
persons as may be necessary to assist the regu-
lar force of the engineer department in the ex-
ecution Of street. sewer and road work and
charge the compensation OF such persons
against the appropriations made by said act.