Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-08-03
ILLEGAL
DECISION AS TO THE GEOGRAPHER
OF THE CENSUS.
Controller Rules Against n Man Hold
ing Two Offices, Even IL One Is
without Compensation.

The controller OF the treasury today rem
dered a decision In the matter OF the salary
Of Mr.. Henry Gannett, commissioned last
March as geographer Of the census ohnce,
holding that Mr.. Gannett's appointment to
that office was illegal and that he is not
entitled to draw pay for discharging duties
involved therein. The decision Is one
against dualism in government office. Mr..
Gannett now holds the position Of geog-
rapher In the geological survey also and
the decision today Is based upon the law
which prohibits any person from holding
two positions under the government, the
compensation of either of which is more
than 81. 800 per annum Mr.. Gannett was
appointed to his position In the census
without conversation presumably with
a view to asking Congress to authorize
the payment of the salary In case the con-
troller should decide he was not entitled
to it under present law. Although he does
not decide the point the controller raises
the question whether Mr. Gannett's pres
ent salary of $500 as geographer In the
geological survey is not 81, 100 in excess OF
the amount authorized by Congress.
The decision was solicited by Director
Merriam of the census bureau, VINO related
to the controller the facts In the case, the
question turning upon the construction Of
the word office in the appointments.
The Controllers Decision.
In his decision the controller says:
Ordinarily this office could not properly
concern itself with any question growing
out Of your power of appointment under
the law, but as the question you submit
involves payments to be made. / am au-
thorized and required to render decision
thereon.
In answering your question, the follow
ing provisions of law must be considered:
mo officer in any branch OF the public
service. or any other person whose salary
paw or emoluments are fixed by law, OF
regulations, shall receive any additional
paw extra allowance, or compensation, In
any form whatever, for the disbursement,
of public money. for any other service
or duty whatever, unless the same Is au-
thorized by law and the appropriation
therefor explicitly states that 1t Is for such
additional pay, extra allowance. or COM
pensation." .(section 1765, Revised Stat.
utes.)
mo person who holds an office. the
salary or annual compensation attached tc
which amounts to the sum of $500, shall
receive compensation for discharging the
duties of any other Office. unless expressly
authorized by law" (section 1763, Re-
vised Statutes1
or annual compensation attached to which
amounts to the sum of $1,000 shall be APP
pointed to or hold any other office to
which compensation is attached unless spe-
cially heretofore or hereafter specially au-
thorized thereto by law; but this shall not
apply to retired officers of the army or
navy whenever they may be elected to pub
lie office or whenever the President shall
appoint them to office by and with the ad-
vice and consent OF the Senate" (Act OF
July 81. 1894: % Stat, 205.)
Section 1865 presents no difficulty.
Whether the positions held by Mr. Gannett
in the Interior Department and In the CEN
sus Office be considered Offices in both
cases, or employments with salary, pay,
or emoluments fixed by law or regulation
ployment In the other, he Is not forbid
den by this section to hold both positions
| and to receive the compensation attached
| to each.
Section 1853 and the act of July 81, 1894
supra, present greater difficulties. They arr
directly aimed at dualism or pluralism IL
office, and their most obvious effect Is t.
take certain offices out of the construction
given by the courts and the accounting Off
GERS to section 1765. as above noted, b,
| declaring that a person cannot hold TIVE
offices under the government IL the salar,
or COMPENSATION attached to one eQuali
| the sum of s., 500 per annum, and any com
pensation is attached to the other.
The Questions Involved.
The questions for decision therefore are
Was the position held by Mr.. Gannett II
the Interior Department at the time h,
| was appointed geographer in the censu,
| office an office within the meaning OF tnes'
| laws; and was his appointment as geo
grapher In the census Office an appointment
! to an office within the meaning OF sait
laws? Compensation amounting to The sun
| of 81, 800 per annum is attached to eacl
position.
You express q doubt whether either DO