The Washington times., 1901-07-11


The Commissioners yesterday received
from r. J. TIacewell. Comptroller of the
Treasury. his opinion relative to the pay
ment Of certain per diem employees in the
Street Cleaning Department The opinion
was called forth by Warner Stutler, Su-
perintendent OF Street Cleaning, who re-
qucsted the Commissioners to obtain
ruling from the Comptroller as TO how
two clerks and two inspectors in his Of
fee were to be paid Upon the general
question Mr. Tracewen says:
Leaving out for the present any ques
tion of your authority TO emplDy the per
sons named, l am clearly o. the opinion
that the question of their payment is
purely one of administration, unless the
persons employed are labQrers and me-
chanics' within the meaning of the eight
hour law found I'm the act of August !,
1892 t27 Stat. S40,, and that l am not called
upon or authorized to decide what consti-
tutes a days work or a days pay for any
OF them If you have authority to en-
ploy them and to fix their compensation
you have authority TO regulate their hours
OF labor and the amount Of their com
pensation'
Speaking more particularly of the clerks
and inspect Mr.. Tracewell says:
that when an appropriation has been
made for a specific object, that appropria-
ton is exclusive, although there may be
another appropriation which in the alb
sence~ of the specific appropriation might
be used q comp, Dec, l2G, 256; i'd, 40;
i'd S55l. and Congress having provided
specifically fo- inspectors, clerks, and
foreman in the street sweeping office,
your authority TO employ other in
spectors, clerks, or foremen IN SAID
Office cannot be implied from the
terms Of d general appropriation made
for the expenses Of sprinkling, sweeping,
and cleaning the streets. i can, therefore,
hnu no authority of law Tor the employ
Inent of the two foremen or inspectors on
ha ud cleaning. unless II be found in the
following provision in the same act; 'Ihat
oVsIseers, inspectors, and other employees
temporarily required in connection with
sewer street, or road work. or the con
struction and repair Of buildings and
bridges. or any work authorized by appTo-
pTiations. and all expenses incidental TO
or necessary for the proper execution OF
said work, shall be paid from and equita-
bly charged against the sums approprlat-
ed fOr said work.
In response 10 an enquiry from me, you
state that the two foremen or inspectors
o. hand cleaning are employed temporar-
ny and paid from the appropriation Tor
sprinklinc, sweeping, and cleaning streets
by Virtue of the foregoing law While an
examination Of the orders for their ap-
pointmcnt and OF the various payments
made to them does not indicate a TEN
porary employment in the past. this state
ment Will be accepted as referring To their
present employment, and II only remains
10 be seen whether the provision quoted
above can be extended to include these
services.
1T recognizes the authority of the Com
missioncrs to employ temporary service
connected with sewer, street, or road
work. buildings and bridges, or any work
authorized by appropriations. and, as far
as it goes cannot he questioned by the
accounting officers; but when the account
ing officers are called upon to determine
whether a particular case is within the
law they must endeavor to construe the
meaning of the law and the intention of
Congress. according to the well-adapted
rules OF construction
II is the opinion of the accounting Off
GERS of the District that il Will be neces-
sary for the Superintendent of Street
Cleaning to dispense with the services Of
the per diem employees mentioned. IL the
ruling stands. 1t IS understood, however,
that representations viii be made through
the Commissioners 10 the Comptroller
looking to the modification of the ruling
or TO such a construction Of the law as
will permit the employees mentioned to
remain In service.
C.t ,f a.