Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-10-26

CoNTRoLLER's DECISION AS TO
THEIR SALARY.
Upon an Annual Basis, but Pro Rata
! Only for the Actual Period
Of Service.

Controller Tracewell has rendered a de-
cision OH the pay Of medical inspectors of
the public schools. The decision was based
upon the following communication from the
District Commissioners:
THE Commissioners of the District Of
Columbia have the honor to submit here
| with communication from the auditor OF
the District of Columbia. asking. IN sub
stance for 4 decision whether the salaries
OF the medical inspectors OF the public
schools are payable from the dates OF their
| respective appointments. monthly. at the
rate OF $500 per annum, provided they con-
tinue In Office and perform the duties re-
CURED Of them by the law authorizing their
appointment: or. whether their compensa-
ton is limited to the period Of time for
which they may actually render service In
the inspection Of pubic schools. and, II so.
whether their salaries for such period OF
actual employment shall be paid on the
| basis Of the school year of ten months. as
the teachers OF the public schools are paid.
or on the .sis Of annual Sal1rie5.
Provision for the pay of medical inspect
| ors Is made IN the act Of March 8. 1903.
The controller says:
This provision does not in terms fix the
compensation Of the twelve medical In
spectors provided for: it merely approprt-
ates the sum of $500 for each. But the
act in which this provision is contained Is
an act making appropriations for tie Dis
trict Of Columbia for the fiscal year 1904.
and It contains numerous appropriations
for the compensation of officers and en-
ployes. which are made in similar terms.
| This. in fact, Is the method usually en-
ployed in making appropriat tons for the
compensation OF officers and employees OF
legislative. executive and judicial depart
ments Of the government. (see act of Feb
ruary Is. 1901. 70 Stat, S54-0O8.) Probably
In the case of most Of the officers and en-
ployes provided for therein the cOmpensa-
ton of each is fixed by other laws. but in
numerous cases I think 1t is only fixed by
the amount appropriated. l am. therefore.
of opinion that this provision must be
construed az fixing the compensation OF
the twelve medical inspectors at $500 each
per annum.
by section l Of the act Of February II.
1916 20 Stat. -. it IS provided that col
lectors and all other officers Of the customs
who serve for less period than a year
shall In no case be allowed more than a
pro rata of the maximum compensation of
said officers. respectively, for the time only
which they actually serve. By section "a
of the act of July 18, 1853 "a Stat. 1867 1t
IS provided that the preceding provisions Of
the act Of February II. 1916, shall be ap-
piled to all officers, agents and employees
of the United States. whether paid by COM
missions not to exceed an annual maxi
mum. or otherwise. These provisions were
carried into the Revised Statutes section
26S7, and general and permanent legis-
lation.
II am, therefore. of opinion that you
are authorized to pay these medical in
their appointment and acceptance pro rata
only for the actual period during which
they continue in the service as medical in
spectors."