Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-10-23
AN ADVERSE VIEW
Controller Passes Upon Suggestion
of District Health Office.
ENGINEER IN DININPECfING SERVICE
Matter of Paying Salary of Such
an EmpIoye.
TENT OF THE OPINION

TENT OF THE OPINION
Controller Tracewell has sent an opinion
to the District Commissioners on the ques-
ton OF the appointment Of an engineer in
the disinfecjing service of the city, to be
paid from the appropriation to prevent the
spread of scarlet fever and diphtheria, as
recommended by the health officer of the
District He holds that the employment of
such a person cannot be made
The Commissioners addressed a communi-
cation TO the controller. asking whether the
appointment recommended by the health
officer would meet his approval
The health officer said:
1T is desired to use the services of Mr..
Gray in connection with the disinfection of
premises which have been infected with
scarlet fever and diphtheria- This disinfec
ton is required by section two of the act
above referred TO. in the following Ian
gusge. And it shall be the duty of the
said health officer. in conjunction with the
attending physician. to cause the premises
to be properly disinfected 1t is believed,
therefore that such service can be paid for
out of the appropriation for the enforce
uient of the provisions of this act, although
the work will be practically identical with
that paid for out OF the appropriation for
maintaining d disinfecting service. Mr..
Gray cannot be paid from the latter ap-
preparation because of the provision that
no part Of it shall be paid for the services
of additional employees.
Controllers Opinion
In passing upon the matter the controller
says:
The act referred to is that of December
~. 1S.0 TO prevent the spread of scarlet
fever and diphtheria in the District of Co.
lLmbia' C35 Stat. 69i). and section of that
act provides that all the expenses neCeS-
sarily incurred in the execution of the pro-
visions Of this act shall be borne from the
general appropriation for the maintenance
OF the health department Of the District of
Columbia.
The current appropriation for the health
department. after providing for certain Of
nCerS and employees. and for the collection
and disposal Of garbage. contains the fol-
lowing provisions: For the enforcement of
the provisions Of the act to prevent the
spread OF scarlet fever and diphtheria in
the District of Columbia. approved Decem-
Der ~. 1890. and the act to prevent the
spread of contagious diseases III the Dis
trict OF Columbia, approved March :. 1877.
under the direction OF the health officer of
the District, 5000 For MAIN
tanning The disinfecting service, 5000. Pro-
vided. That part of this sum shall be ex-
pended for additional employees
The act of March 3. 1897, also required
the disinfectiOn of premises clothing. etc.
IN certain cases to be made at the cost of
the District
The suggestion is made by the health
officer that since the act of December ~
lS@. requires him to cause infected prem
lSeS to be disinfeCted. the appropriation of
500" made for the enforcement of the pro-
visions OF the act is available for the en-
ployment OF an engineer in the scarlet fever
and diphtheria service (and. by Implication
IN the contagious diseases serviceD al
though Congress has made a specific APP
preparation Tor maintaining the disinfectng
service. and although his services will be
practically Identical with those paid for
from the specific appropriation for dsin-
fecting service. 1t appears that he would
draw a distinction between the general
words 'disinfecting service and the disin-
fecting Of premises under the provisions of
section of the act Of December 20 1890.
and. by parity of reasoning, disinfecting
under the contagious diseases act of March
:. 1897
Distinction Not Hitherto Drawn.
No such distinction has hitherto been
drawn So far as these appropriations are
concerned all expenses of disinfection serv-
ice under both acts have been considered
proper charges against the specific appro-
pTiation for maintaining the disinfecting
service
This is in accordance with the welI-es-
tabllShed rule of construction of the account
ing officers that where an appropriation has
been made for specific object that appro-
prlatl0H IL exclusive although there may
absence OF the Speclnc appropriation might
be available Il Comp, Dec. l20. That
this Is the proper construction of the law
Is borne out by an examination Of the
various appropriations made TO carry out
tho provisions Of the acts Of December %
1880. and March ). 1897 These acts are in
pari materia, and should be construed to-
gether.
For several years after the passage of
the former act Congress made annual APP
propriations Of $1,000 ct S5.'s0 for the en-
1T
The act Of March =. 1923 t2s Stat. I-lS), con-
tanned the follow ng provision: For the en-
forcement of the provisions of the act to
prevent the spread Of scarlet fever and
diphtheria in the District of Columbia APP
proved December ~. 1880. under the direc-
zion Of the health officer of the District
anu me SURPRISING surgeon general of the
marine hospital service. and for the estab-
ishment and maintenance of djsinfecting
service. $4,000
Increased to $4,000.
Thereafter for TWO years Congress ap-
proPriated 5000 annually for the enforce
ment OF the provisions Of the ac: of De-
cember ~ 1Sp.' and when the contagious
Il diseases act was passed that act was also
named in the appropriation. and the sum
was increased 10 5000. This brings US to
he act of March :. 1SJ9-Jhe current ap-
preparation act-which is quoted above
Throughout these acts there is nothing to
warrant any naely drawn distinctions in
regard tn the dis!nfecting service
The organic act provided that in certain
cases disinfeCIion should be made and
that the expenses thereof should be borne
from the general appropriation for the
naEtenance of the health department.
Congress has each year provided the fu Ids
under that head Of appropriation, some
times III general terms for the purpose
Of carrying out the provisions of the act
| and sometimes by specific appropriation
FOR the 'disinfecting service When the
appropriation was in broad terms the
amount To be expended for the particular
purpose was limited only by the amount
| appropriated. but where the appropriation
j. specific the amount available is strictly
limited To- the fund provided The case
appears To stand just thus: Congress pro-
| vided Tor the establishment Of disin-
feeling service Each year thereafter, in
| general terms. il provided for its main
trnaure. until by the act OF March ,. 1879,
supra. II made q specific appropriation of
500" tor that purpose, with the proviso
trait no "a. of The amount shall be paid
for tn. - rNI - II additional employees. The
intention c. the act seems clearly to be
10 limit the a. Of the diSinfcCting service