Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-07-24
DIVISION OF SALARIES
OPINION OF ACTING CONTROLLER
MITCHELL.
The Chief Of Ordnance Instructed in
Regard to the Payment of
Certain Employees.

An interesting state of affairs in connec-
ton with the accounts Of the War Depart
ment Is shown in the following letters from
Mr.. Mitchell. acting controller Of the treas
ury. to the Secretary of War:
by your reference of the oath ultimo l
have received a communication from the
chief of ordnance. dated June 4. 1903, as fol-
lows:
4. Referring to a section Of the act OF
Congress approved March 2. 1903. making
appropriation for the support of the army.
which provides that hereafter in all pay
nents to be made under the provisions OF
army appropriation acts. when the rate OF
compensation is annual, payment shall be
made monthly at the rate of one-twelfth OF
the annual rate etc.
Il have the honor to invite your atten-
ton to the fact that in making payments
to employees Of the ordnance department
for whom the rate of compensation is an
nual an employee of that class may be
paid. partly from one of the appropriations
for the service Of the ordnance department
contained in the act of Congress referred
to above, partly from the appropriation
contained in the act to supply deficiencies.
etc. partly in the act to make payments
for sundry civil expenses etc. and partly
in the act making appropriations for forti-
fcatiOnS. etc.
80. Under these conditions it Is impossible
to comply fully with the law and with the
requirements Of the government salary Ia
bles which apply to all civil employees OF the
as making the monthly rate of compensa-
ton one-twelfth Of the annual rate; except
at the San Juan and Manila ordnance
depots. where employees drawing annual
salaries have always been paid from the
army appropriation acts. At those depots
such employees should be paid monthly
rate of compensation. one-twelfth of the
annual rate. instead of that as laid down
in the government salary tables.
IS. At the arsenals in the United States
many of the annual salaried employees are
employed on work authorized by and paid
for under appropriations contained in the
various provisions of the acts of Congress
referred to above, and this department re-
quests a decision as to how these employees
who are drawing pay from the various APP
preparations shall be paid. whether month
~ at the rate of one twelfth of the annual
salary rate or at the rates laid down in
the government salary tables
Provisions Of the Appropriation Act.
THE army appropriation act of March 2.
1903 go Stat. 934). provides:
Hereafter In all payments to be made
under the provisions Of army appropriation
acts. when the rate of compensation Is an
nual, payments shall be made monthly at
one-twelfth of the annual rate. and of such
monthly rate and of all other monthly rates
of compensation one-thirtieth shall be the
daily rate for computation Of pay for frac-
uonal parts Of a month; and for the pur-
poses Of this act each and every month
shall be held to consist of thirty days,
whether the actual number Of days shall be
greater or less.
In the communication in question 1t is
stated that certain civil employees of the
War Department will be paid a part Of
nS.ti fr0r rio
lions made in the army appropriation act
and the other portion of their compensa-
ton will be paid from appropriations found
in other appropriation acts to which the
law above cited does not apply.
The Real Question.
"The real question submitted for decision
is whether the rule laid down in the law
above quoted will apply to all Of the COM
pensation of said employees or only that
portion of said compensation as is paid
from the appropriation found in the army
appropriation act
The Controllers Order.
"Under date of December 10. 1885, the
controller of the treasury. with the ap-
prevail of the Secretary Of the Treasury.
ordered that from and after April l. 1897.
the salary tables prepared for the payment
of civil employees of the government must
be used by the accounting officers and DIS
bursting agents in paying persons in civil
employments who receive annual or quar-
terly salaries. If the entire amount due
civil employe of the War Department. who
is paid from appropriations made in two or
more appropriation acts, is paid in accord
ance with the rule prescribed by the con-
trOller, with the approval of the Secretary
of the Treasury the command found in the
act of March 2, 1903, supra, will be ignored
If the entire compensation under similar
cir Ct. q mai
found in the act above cited it Will be
necessary to ignore the instructions of the
controller. with the approval of the Secre-
tary of the Treasury above mentioned.
Il see no escape from the duty to pay
that portion of the compensation paid out
Of the money found in the army appropria-
ton act under the rule provided in the law
above mentioned, and l do not feel war
ranted at the present time at least in CIV
ing my sanction to a disregard Of the rule
prescribed by the controller. with the APP
prevail of the Secretary of the Treasury,
when payments are to be made from ap-
preparation found in other appropriation
acts.
The Controllers Opinion.
therefore 1 feel constrained to advise
you that payments made out Of approprta-
tons found in the army appropriation acts
must be made in accordance with the COM
ma nd found in the law above cited; further
more, that such payments as are made from
appropriat ions found In other acts must be
made in accordance with the rule prescrib-
ed by the controller and found on the fly
leaf Of the salary tables provided for the
computa tons for civil employees of the gov
eminent.
I'm reaching this conclusion I am not
unmindful of the great inconvenience and
the possible danger of overpayments in
thus using two different and distinct
methods of computation. The difficulty In
this case grows out of the special legis-
Iation made to apply to one single branch
of the service only.
Your attention, however, Is called to
the fact that the Secretary of the Treas
ury has heretofore approved a proposed law
which would make all payments OF officers
and employees of the government IN &C
cordance with one uniform rule. That
matter was referred by the Secretary Of
the Treasury to Congress at its last ses-
sion. but failed to secure the approval Of
that body"