The Washington times., 1902-06-18
DECISION AFFECTING
COLLECTION OF DEBTS
Government Unable to Hold
Clerks Salaries.
Ruling of Supreme Court Cited by De
partments to Show It's Inability
to Aid Creditors.

! Notwithstanding that various depart
raonts of the Government have an
ncucced the purpose not to assist in the
collection of debts from employees and
clerks Of the Government, attorneys rep
resenting creditors, book and collection
agents, continue to make life disagree
able to those who owe small bills as
well as to the respective chiefs in whose
Offices these small debtors are employed
The latter live in constant fear and
.repidation CT The collection agent and
his talk, which, it is said, is anything
but polite and not at all conducive to
extract money from the pockets of any
but the very timid.
In order to make department employees
better acquainted with the law regarding
debts and their collection. and in order
to prove to collection and book agents
that the Government cannot attach the
sa aries of its employees the following de-
cision Of the Supreme Court, rendered
in 1876 by Justice Mclean. and covering
| the case. was given out yesterday for
publication:
January Term. 1876. Mexican Buch-
anan. plaintiff in error, VS.. James Alex
ander.
Money in the hands of purser, al
though it may be duc to scamen. is not
| liable to an attachment by the creditors
CT those seamen. A purser cannot be
distinguished from any other disbursine
agent OF the Government; and the rule
| is general that, Sc long as money re-
mains in the hands OF disbursing of
| ficer. it is as much the money Of the
United States as IL it had not been
drawn from the Treasury. 4 decision
of State court sanctioning such an at
tachment may be revised by this court
under the twenty-fifth section Of the
| judiciary act.
Justice McLean's Decision.
Mr. Justice Mclean delivered the
opinion Of the court:
This is one of six cases depending
upon the same principle. which have
been brought before this court by wrlts
of error to the circuit superior court
for the county of Norfolk. State of Vir-
ginia under the twenty fifth section of
the judiciary act of 1888.
Six writs of attachment were issued
by.a justice of the peace of the above
county of Norfolk by boarding house
| keepers. against certain seamen of the
| frigate Constitution, which had Just re-
! turned from a cruise The writs were
laid on moneys IL the hands of the pur-
ser. the plaintiff in error, due to the
seamen for wages. The money was af-
| terward paid to the ssamen by the pur-
ser, in disregard of the attachments, by
the order of the Secretary of the Navy.
=" The purser admitted before the Jus
tice that the ssyeral sums attached were
in his hands due to the seamen, but con-
tended he was not amenable to the
process. The justice entered judgments
against him on the attachments The
cases were appealed to the superior
court of the county. which affirmed the
judgments OF the justice And that be-
ing the highest court of the State which
can exercise jurisdiction in the cases
| and its Judgments being against a right
and authority set up uUder a law of the
United States. NAV be revised in this
court by a writ of error.
The important question is. whether
.he rnoney in the hands OF the purser
though due to the seGDen for wages,
was attachable. A purser. 1t would seem
cannot, in this respecc. he distinguished
from any other disbursing agent of the
Government If the creditors of these
seamen may. by process OF attachment.
divert the public money from its leg,.i-
mate rnd appropriate object, the same
thing may be done as regards the pay
Of or officers and raen of the army and
Of the navy; and also in every other
c2se where the public funds may be
placed IN the hands Of an agent for
disbursement. To state such a principle
j. 10 refute 1t. No government can
sarction it. AT all times 1t would be
found embarrassing. and under some
circumstances it might be fatal to the
public service.
Specifically Appropriated.
"'The funds of the Government are
specifically appropriated to certain ma
tional objects, and if such appropria-
lions may be diverted aad defeated by
State process or otherwise. the func-
;ions of the Government may be sus-
pended So long as money remains in
he hands of disbursing officers it is as
much the money of the United States, as
If i had not been drawn from the
treasury. CntI pald ever Dy tht agent
Of the Government to the person en-
titIeG to it, the fund cannot. in any
lesal sense, be considered part OF his
CfcctF The purser IS not the DEBTOR of
th1 ECamen.
1t is not doubted that cases may
have arisen in which the Government as
Il rattcr Of policy or recommendation
may have aided creditor Of enc VINO
received money for public services, but
his cannot have been uadcr any sup
posed legal liability, as TO such liabili-
~ attaches TO the Government. or to its
Gisbursing officers.
I'VE think the question in this case
is clear of doubt, and requires no fur
.her illustration.
The judgments are reversed at the