The evening times., 1902-07-10
AnImportant Ruling Made
by Comptroller Trace
we'll Today.
THEIR STATUS EXPLAINED
War Department Temporary Employees
Will Fare Better Than They Had
Reason to Hope for When They Were
Appointed.

Mr.. Robert J. TraCewell. Comptroller
of the Treasury. rendered decision TO-
day which IS of deep interest and in
portance to temporary clerks, messen-
gers, and laborers, and other assistants,
in The War Department
The Secretary Of War in a communica-
tion directed to the Comptroller Of the
Treasury requested the Iatter's decision
on the following questions
Il. Nay this Department increase its
additional temporary force without re-
gard to vacancies that may occur there
in so long as said appropriation Of
1886. AGO. is not exhausted2
g May this Department increase the
compensation OF any person who was on
April Is. 1902. transferred to the cIassi-
fed service, if there is no vacancy in
z higher grade to which he can be
promoted? For example: If on April IS,
1902, a person in the additional tempo :
ary force o. this Department was re
ceiving s., 200 per annum and no vacancy
exists in higher grade, could the De
parment increase his or her compeD-
sation to 81, 400 per annum, provided said
appropriation Of 1886. 400 had not been
exhausted?
3. Are persons who were in the clas-
sifed service prior to April 2S 1902.
eligible 10 appointment under said ap-
preparation Of 1886. 400 without regard
10 vacancies that may occur in this de-
partme!lt's additional temporary force,
so long as said appropriation is not ex-
hausted?"
In answer to the above questions Nj.
Tracewen said, in part, as follows:
Il. The act Of April Is. 1902. made an
appropriation Of 1864 for continuing
the employment for a specific purpose
OF an additional temporary force during
the fiscal year 1903 Within the limit
Of this appropriation you are authorized
to employ such additional force as shall
be necessary to carry out the object OF
the appropriation without regard to va
cancies which may occur in the force
already employed by virtue OF this and
similar Legislation, having due regard
10 the laws and regulations governing
appointment TO the classified service
- There is nothing IN the act which
forbfds an increase Of compensation to
persons wko on APRIL IS. 1892. were
transferred 70 the classified service
They were by the terms OF the act
transferred as CT the grade OF rate OF
compensation belonging to them at the
date Of the act, hut were made subject
TO transfer. promotion, OF removal the
same as other clerks and employees IL
the classified service I do not think
that the word promotion as here used
necessarily implies 2 promotion TO 2
grade or rate Of compensation arising
from a vacancy. when it Is considered
that YOU have authority under the gen
oraI provisions Of the act 70 create other
grades or TO tx ether rates OF compen-
sation within the limit Of the aPpro-
priation
g. Having held that you are author
lied to employ within the limit of the
appropriation such additional force a.
shall be necessary TO carry out the OBJ
3ect Of the appropriation, 1t is not seer
Why persons who were IN the classified
service prior to April IS 1902. are not
eligible to appointment under the ap-
preparation II otherwise eligible 70 ap-
poi1tment under the laws ard regula-
tons governing appointment IN III,
classified service, provided that theil
appointment IS Necessary in carrying
cut the object OF the appropriation