Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-20

hamton firm. Beavers was present when
Mr.. Johnston disclosed the matter and de-
Gioed to accept the- terms Of the company.
Al was, IN answer to letter from the In
ternattonal Time Recording Company FIX
ing prices that the letter from the depart
ment was sent. e.
Mr.. Johnston decided to accept the offer,
and signed the letter. as did many other
letters for Mr.. Johnston when he was busy.
Mr Johnston was away a good DEAL and
II remember rightly. he was away at that
l have not been notified of any investiga-
uon. but suppose the department will call
on me- l assume that the Investigation
Wll De thorough one and it is proper that
will be welcofned.".I
Controller's Decision.
Controller TraceweIl has rendered an
opinion to the Postmaster General on the
following question submitted by the latter
to Mr.. Tracewells
Il have the honor to call your attention
to the accompanying copy of a. letter adj
dressed by the first assistant postmaster
general to the auditor for the Post Office
Department. dated April g. 1903, and to re-
quest your opinion upon the matter therein
SCI out, namely. whether. in apportioning
the appropriation for clerks at post offices
OF the first and second classes for the next
nscaI year, the Postmaster General has
authority to allow a greater number of
clerks or one grade than that fixed in the
ACT provided that the total appropriation
Tor clerk hire at offices Of the classes named
be not exceeded"
In his reply Mr.. Tracewell says:
The act of March 3. 1903 public No.
lo9), making appropriations for the Post
omce department for the fiscal year end
ing June 80, 1904. under the headings of
flee OF the first assistant postmaster gen.
eraI and Salary and allowance division,
contains numerous provisions for the COM
pensation OF clerks in first and second
class post Offices, including employees OF
various. designations. Each of these pro-
visions specifies the rates Of compensation
to be paid the employees Of the classes des
1gnated therein. the number of employees
therein provided for and the amount ap-
propriated therefor.
THE act also contains a proviso as fol-
lows: Provided. That per centum Of the
foregoing appropriations for the salary and
allowance division of the first assistant
postmaster generals bureau may be avail
able: but no one item of the appropriations
shall thereby be increased more than 5
per centum.'
I'm the construction Of appropriation acts
1t Is well-established principle that an ap-
preparation OF specific sum for particu-
lar object or particular items must be con-
strued to be limitation of the amount to
pc expended therefor. and as implicitly pro-
hiDit1ng the use of a greater sum for such
object or items.
Congress has clearly recognized this
principle in the proviso quoted which would
have been unnecessary If the appropriations
referred to were not governed by this CON
strucuon. In this prov1so. however. Con-
sress expressly authorized the use of s
per cent OF the amount appropriated for
any OF the particular classes of employees
provided for. not to exceed per cent of
the amount appropriated for any item for
which SO used. This authority Is itself
specifically limited. and this specific limita-
ton implicitly prohibits the use of a greater
percentage, either of the amount appropri-
ated for any class of employees or of the
amount by which the appropriation for any
class Of employees may be increased, except
as otherwise provided In the act.
The act, however contains further pro-
vision, as follows For compensation to
postmasters. twenty-one million seven hun.
dred and fifty thousand dollars.
Any portion thereof saved by the CONSOLE
dalton OF post Offices under existing law
shall be transferred to the appropriation
for compensation to clerks in post offices
salaries of superintendents and clerks at
stations established in lieu Of the post
offices thus discontinued.
This provision authorizes the use. for
compensation Of clerks in post offices. of
any portion of the appropriation TOR the
compensation Of pOstmasters not reuired
to be used therefor by reason of the con-
solidation Of. post Offices. and in addition
to the per 7centum of the appropriations
for compensation of clerks In post offices,
but restricts such use to the salaries of
superintendents and clerks at stations es-
tabnshed In aieua>of the post offices thus
discontinued, ..sa1 zi,,
II have the honor therefore to advise you
that you are not authorized to allow a
greater number of clerks of any grade than
the number fixed by the act. increased by
per cent. except at stations established In
lieu Of post offices discontinued by CONSOLE
dation, at which stations an additional in
crease may be allowed not to exceed the
amount saved by such consolidation