Evening star., 1901-07-10

| Leaving out for the present any ques-
| tion of your authority to employ the per-
| sons named, l am clearly of the opinion
| that the question of their payment is pure
| ly one of administration, unless the per-
| sons employed are 1aborers and mechanics
| within the meaning of the 'efght-hour law
| found in the act of August 1, 1892 CT Stat,
34O), and that l am not called upon or au-
| thorized to decide what constitutes a day 8
work or a days pay for any of them. If
you have authority to employ them and to
fix their compensation you have authority
| to regulate their hours of labor and the
| amount Of their compensation.
The Commissioners Authority.
IAN important question. however, appears
to be raised in this to your author
| ity under the law to employ the persons
| named by the superintendent Of the street
sweeping Office. The per diem employees in
| question are designated as follows in the
| superintendent letter: Two foremen or
| inspectors on hand cleaning, work done di-
| rectly by the District of Columbia; six in
| spectors in charge of city refuse under con-
| tract system, two clerks in the Office In
| charge of the contract work and one weigh
| clerk at the garbage transfer station
| Leaving out Of question any past en-
ployment, the only authority under which
| these persons may now be employed by
you must Ie found, if at all. in the act Of
| March 1, 1901 OBJ Stat, S22) making ap-
| preparation to provide for the expenses of
the government of the District of Columbia
for the fiscal year ending June 30, 1902 and
| for other purposes I quote from that act
as follows: 'sprinkling. sweeping and
| cleaning-For sprinkling, sweeping and
| cleaning streets, avenues, alleys and SUBJ
urban streets, including necessary Incl
| dental expenses, and work done under ex-
| listing contracts, as we'll as hand work done
| under the immediate direction of the Com
/ missioners without contract =" = S155, ,OOO'
Disposal of city refuse-For the colIec-
tion and disposal of garbage, miscellaneous
refuse and ashes from private residences
| In the city Of Washington and the more
! densely populated suburbs, for collecting
and disposing of dead animals and night
| soil In the District of Columbia and for the
payment OF necessary inspection and Incl
dental expenses, $115, ,0O0.'
IF these appropriations stood alone it
would be reasonable to hold that they by
| implication conferred authority upon the
Commissioners to incur any necessary ex-
| pre- pr1atfons, including the employment of
| personal services, although the specific au-
thority in the second one for necessary
inspection might be held to exclude by
lmpHcat1on such expenses from the first
appropriation which is silent in this re-
gard But they must be read In connec-
tioa with other provisions in the same act
The act makes the following provision:
Street sweeping of1ce-for superintendent
$2,OO; assistant superintendent and clerk
sl,6OO; clerk. $1,000; four inspectors, at ST.
2oo each; ten inspectors, at s., 100 each;
three assistant inspectors at $500 each;
foreman Of public dumps, $500; messenger
and driver, $780,
Settled Rule of COnstruction,
1t Is well settled rule of construction
that when an appropriation has been made
for specific object, that appropriation is
exclusive, although there may be another
appropriation which in the absence of the
specific appropriation might be used q
comp, Dec. 126. 236; i'd, 70; 8 i'd, $3.50,
and Congress having provided specifically
ir,Sr aafn nln
street sweeping Office, your authority to
employ other inspectors, clerks or fore
| men in said Office cannot be implied from
the terms of general appropriation made
for the expenses Of sprinkling sweeping
and cleaning the streets 1 can therefore
find no authority Of law for the employ
ment OF the two foremen or inspectors on
hand-cleaning, unless 1t be found In the
following provision in the same act: That
oVerseers, inspectors and other employees
temporarily required in connection with
sewer, street or road work, or the construc-
tion and repair of buildings and bridges.
or any work authorized by appropriations
and all expenses incidental to or neces-
sary for the proper execution Of said work,
snail be paid from and eQuitably charged
work.
I'm response to an inquiry from me- you
state that the two foremen or Inspectors
OF hand-cleaning are employed temporarily
and paid from the appropriation for sprink-
ling, sweeping and cleaning streets by yir-
tue of the foregoing law. While an exam
inattOn of the orders for their appointment
and of the various payments made to them
does not Indicate temporary employment
in the past, this statement will be accepted
as referring to their present employment
and 1t only remains to be seen whether
the provision quoted above can be extended
to include these services.
1T recognizes the authority of the Com
missioners to employ temporary service
connected with sewer, street, or road work
buildings and bridges, or any work author
| lied by appropriations, and, as far as it
goes, cannot be questioned by the account
ing officers; but when the accounting off,
GERS are called upon to determine whether
particular case is within the law they
must endeavor to contstrue the meaning of
the law and the intention of Congress, ac-
cording to the well-adapted rules of con-
structiOn.
Intent of Congress.
When Congress speaks Of sewer work.
street work and road work, and Of work
in the construction and repair Of buildings
and bridges, 1t refers to certain well-known
and definite objects connected with the
maintenance and extension of the District
of Columbia, and when, following their
enumeration, 1t speaks of ANY work au-
thorized by appropriations" the rule of
e1usdem generis would require that it's
meaning be restricted to other work of
like character with that enumerated, and
would not permit its extension to all ap-
propriations which might be made, what
ever their object. So considered, I do not
think that the sprinkling. sweeping and
cleaning of the streets is the street work
referred to in the section, which evidently
contemplates Independent appropriations
for various streets, or section Of street
work. since otherwise the direction to pay
from and equitably charge against the
sums appropriated for the work is mean
ingless.
Congress has provided superintendent
OF the street sweeping Office. with a force
a a nd a1o Ire oa6t t1n <1,o
meaning Of the provision quoted above in
such way as to enable the Commission
ers to add other foremen or inspectors to
the street sweeping Office would be In eff
feet to. make useless the attempt of Com
gress to hx and limit the personal services
to be employed in that once and to con-