The Washington times., 1902-05-10
authority Vested in the Heads
OF Departments.
so DECLARES COMPTROLLER
Oasbursing Officers Have No Discretion in
Matter of Settling With Those Hired
Tor Work in Uncle SANS Great Estab-
hshments, Mr.. Tracewell Rules.

Mr. Robert ]. Tracewell yesterday rem
ueieu decision which is of deep interest
anu Importance to Government clerks and
employees. inasmuch as it defines the
question of payment of certain employees
On the pay roll of the Office of Indian AZ
ialfs. Mr. Tracewell prepared the opin-
ion In answer to request from Mr.
James +. Aller. special disbursing agent
oi the Department of the Interior.
IN passing on the points at issue. Mr.
iaee"eu said in part: The Secretary
Vi the Interior as a matter of pure ad-
1iihistratfon is authorized to employ per-
suns at such rate Of compensation as to
ann seems proper. The only limitation
uPon ,he exercise OF the discretion con-
hced TO him as regards these appoint
ments is the limit of the amount appro-
yriated''
ne FOLLOWING questions were propound-
eo TO Mr.. Tracewell for his decision:
l. is disbursing officer authorized TO
pay an employe the compensation fixed by
the Secretary in his appointment or en-
pioyr1ent, when such employe is not ex-
ciusiveiy engaged upon the work for
which his employment is authorized by
the act appropriating therefor, as in the
matter under consideration. but being
engaged upon other work in the same
Office?
z is a disbursing officer authorized to
pay such an employe when regularly de-
aailec and at work in some other branch
Of the same executive department?
In answer, Mr.. Tracewell said in part:
The employments made by heads of
departments under authority of Congress
are, in my Judgment. matters of pure
administration, and their actions therein
are not subject TO review by the account
ing officers. If they abuse their discre-
tion in such matters they are accountable
TO Congress and the President, from whom
they hold their positions, but certainly
not to the accounting officers. 1t is
enough for an accounting officer to know
that head of a department is author |
ized by law TO make an appointment or |
employment and that he hos made such |
appointment or employment
The present Comptroller docs not un-
derstand. that he has any authority to
question the legality of any appointment
CT employment made by the head of a de-
partment. when such head of department
is authorized by law TO make such appoint
nent CT employment: whether such ap-
pcintment or employment was wisely or
judiciously made is question for the ap-
pointing power to settle: whether the ex-
Igencies of the service called for the ex-
f1f al IA,
him and not me to determine.
IF the Secretary of the Interior has
he authority, which he evidently has, to !
1etail any clerk or employe from any ]
,fice under him to any other Office under ]
lim. and put him at work on the duties !
,f the office TO which detailed, il is not .
'een why he cannot put him at different =
work. from that for which he is appointed .
n the same Office. To hold otherwise ,
would be making distinction where there J
vas no substantial difference.
Under ordinary circumstances IL is I
he duty of disbursing officer TO pay $
Jerks and employees as set out on the ;
properly certified pay-rolls presented to ;
hem for payment, but a payment should ;
ever be made by a disbursing officer un- Y
II properly certified.
THE head of bureau, through his
lmekeeper ana tne appointment CiYl-
ion OF his department, is supposed TO
ave the information upon which the pay
oils are made up, and is necessarily in
be possession of the information re-
ured 10 make the proper certificate :,
hereto, which the disbursing officer is
OF, nor can he be. j.
T.As a conclusion to the matter sub
lifted, ] advise you that you are au-
horized to pay the persons set out in
our letter of inquiry, provided there
e no other reasons why they should not
e paid their semi-monthly compensation
DR. the last two weeks in April than
hat they are not exclusively engaged
pom work for which their compensations
re appropriated, or that persons en-
loyed as stenographers by the head OF
be department are not, in fact, ste
ographers, or that persons employed un-
er the appropriations are properly de-
filed to some other office under the Sec
stary OF the Interior, provided pay
,ll therefor is presented TO you prop
-ly certified by the head of the Office p
,der which they are employed"