The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-18
TIE MONUMENT ELEVATOR.
10 Compensation Can &c Allowed
Pr. TupIey for Services.


Col. Theodore = Bingham. in charge of
public buildings and grounds. in a recent
letter to the Chief of Engineers. states
that il. connection with the work of
changing tn motive power of the elcva-
tor Of the Washington Monument from
steam to electricity, it became necessary
to obtain expert electrical assistance
which was not available in the working
force Of his Office. and that the advice
ard assistance Of W H Tapley. E,Iectrj-
clan Of the Government Printing Office.
were freely asked and freely given. Colo
mel Bingham adds that the specifications
o. the entire work were drawn by Mi
farley. and that he has prepared the gro
STamme Of the tests to which the mac ain
cry Is TO be subjected and viii supervise
them as far as his other duties perm it
Colonel Bingham asks authority to pay
MI Tapiey a lump sum Of $3.50 for the
item addition u the boiler house. etc.
under the appropriation electric plant,
Washington Monument. for extra work in
/ furnishing expert advice and assistance in
connection with the installation of said
elevator service
Robert J. TcaceweI COMPTROLLER Of the
Treasury, who was requested by the Chief
OF Engineers. /. S. A for decision as
TO whether the sum legally can be paid to
Alr- Tapiey, held that there is no author
lty OF law to make the payment In pass
ing on the case. Mr.. TraceweH said:
II the question were merely one of
your authority to employ Mr. Taplev
while he is receiving at the same time
other compensation from the Government.
1t could be answered by saying that the
fact Of his other employment would not
forbid his employment and payment by
You if otherwise authorized by law. It
is fairly well settled that sections f76s.
1854 and I765 OF the Revised Statutes re
lating to extra compensation. were in
tended TO forbid payment for extra serv-
ices in the line of regular employment.
or ia-conncction with the duties Of some
other clerk OF officer. and do not apply
TO cases of separate and distinct Offices
I or employments
AS presented. however the question ap-
pears TO be one, not of your authority to
employ or TO authorize the employment
Of Mr. Tapiey, but TO authorize pay
Tent to him, as thus stated by Colonel
Bingham: It is not proposed to pay Mr.
TapIey a salary fer the Indispensable as
sistance which he has given TO the work
OF the Washington Monument. but TO pay
him a comparatively small fee for the
work which he has already done and
WHICH ne Viii 60 before the new MOnu-
meHt elevator is opened to the public
Thus considered, I am Of the opinion
that there IS no authority of law to make
the payment There is no suggestion that
any contract was made with Mr. TapIey-
II IS stated by Colonel Bingham that Mr..
Tapiey's advice was freely asked and his
assistance as freely given II does not
appear that any agreement, express or
implied, as 10 compensation was made.
or that Mr. Tapley performed the ser
vices otherwise than voluntary, IN which
case. tbs. proposed payment to him would
be IN the nature OF a gratuity and Illegal
1T may be suggested that if you wish
10 secure the future services Of Mr. Tap
ley. and f the same can be rendered
without interfering with his obligations
to the Government under his other en-
Payments, you are authorized TO employ
him at Il reasonable compensation for
such future service, to be agreed upon in
advance.