Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-10
Secretary Roots Letter.

Secretary Roots Letter.
.The legislative executive and judicial
appropriation act, approved April 2S 1902
contained, inter ALA, the following provi-
Sions:
:" For continuing the employment of such
additional temporary force of clerks, mes
sengerS, laborers and other assistants, rem
dered necessary because of increased work
incident to the war with Spain, as in the
judgment of the Secretary of War may be
proper and necessary to the prompt, efl-
cient and accurate dispatch of official busi-
ness in the War Department and Its bu-
reaus to be allotted by the Secretary of
War to such bureaus and offices as the ex-
igencies of the needs of the service may de-
mand, five hundred and ninety-siX thousand
four hundred dollars.
That the additional clerks on the tenn
porary rolls and other employees rendered
necessary because of increased work Incl
dent to the war with Spain, hereto
fore appointed and who are now employed
in the several departments of the govern
ment, are hereby transferred to the classl-
fed service as of their present grade or
rate of compensation, respectively and
shall be continued in the several depart
ments where now employed, without fur
ther examination. subject, however, to
transfer, promotion or removal the same IS
other clerks and employees in the classified
service. And the several appropriations
herein made for such clerks and employees
under the several departments and Offices
shall be available for payment of the sal
aries of all clerks and employees transferred
to the classified service under this provi-
sion
referring to these provisions have the
honor to request your decision upon the
following questions:
Il. May this department increase it's 'ad-
ditiOnal temporary force without regard to
vacancies that may occur therein so long
as said appropriation of five hundred and
ninety-six thousand four hundred dollars
is not exhausted?
''2 May this department increase the
compensation of any person who was on
April ~. 1902, transferred to the classified
service. if there is no vacancy in a higher
grade to which he can be promoted? For
example: If on April %, 1902, person in
the additional temporary force of this de-
partment was receiving S1,2U) per annuin
and no vacancy exists in a higher grade,
could the department increase his or her
compensation to S1.4oO per annum, provided
said appropriation of five hundred and
ninety-six thousand four hundred dollars
had not been exhausted?
'':S Are persons who were in the classified
service prior TO April IS 1902. eligible 10
appointment under said appropriation Ct
five hundred and ninety-siX thousand four
hundred dollars without regard to vacan-
cies that may occur in this departments
additional temporary force so long said
appropriation is not eXhausted?'
The Controllers Reply.
The controllers answer to the letter is as
follows:
While the questions submitted by you
involve primarily questions of administra-
ton in your department, with which the
accounting officers cannot ordinarily con-
Germ themselves, they also involve questions
of the proper use of an appropriation, on
which l am required to render a decision if
requested to do Answering them in the
order presented, my decision is as follows:
u. The act of April %, 1902, SUPRA made
/ an appropriation of SJJi,4uO for continuing
the employment for a specific purpose of an
additional temporary force during the fiscal
year 1893. Within the limit of this appro-
priaton YOU are authorized to employ such
additional force as shall be necessary to
( carry out the object of the appropriation
without regard to vacancies which may oC-
cur in the force already employed by virtue
Of this and similar legislation, having due
regard 10 the laws and regulations govern
iGG appointment to the classified service.
- There is nothing in the act which for
bids an increase of compensation to per-
sons who on April -, 1902, were transferred
to the classified service. They We're by the
terms of the act transferred as of the
grade or rate of compensation belonging to
them at the date of the act, but were made
subject to transfer, promotion removal
the same as other clerks and employees in
the classified service. | do not think that
the word promotion as here used necessa-
rily implies promotion to a grade or rate
of compo nsatiOn arising from a vacancy,
when it is considered that you have au-
thority under the general provisions of the
act to create other grades or to fix other
rates of compensation within the limit of
the apprOpria ton.
- Having held that you are authorized
TO employ within the limit of the appropria-
ton such additional force as shall be nee
esSary to carry out the object of the ap-
preparation, 1t is not seen why persons who
we're in the classified service prior to ApriI
~. 1892, are not eligible to appointment tln-
der the laws and regulations governing ap-
polntrnent in the classified service, provided
that their appointment is necessary in
CARRYING out the object of the appropria-
ton