Evening star., 1924-06-13

yess 1925
Question OF Using Funds.
~ris obvious that if any question
Exists as to the uses OF the funds SO
appropriated by, the act of June z,
1874. il is not whether the salaries as
fixed by law prior to the enactments
of May %. 1924, and June 4, 1924,
may be paid therefrom, but whether
such funds are available for salaries
as fixed by said new enactments. The
only enactments fixing the salaries
in such services for the fiscal yeal
1926 may be said broadly to be the
ac~t of May 27. 1924. and June 4,
1924, and it necessarily follows that
use of s6ch appropriations would not
he authorized for salaries according
TO the prior laws. because such laws
are no longer authority for pay
ments.
1T is to be observed that the
question is not one dependent sfnEly
upon the appropriation terms, but is
for consideration in the light Of the
basic laws providing for and fixing
The situation differs from one in
volving a unit of the government
dependent for continued existence
upon an appropriation, in that here
the matter relates. to the permanent
and legally established governme mt
of the District of Columbia and to
functions and duties required to be
performed.
Obligation Is Authorized.
s-The principles which control the
uses of appropriations have been at
times declared by various enact
ments. and which for the purposes of
certain questions may be considered
as applicable to the District of
Columbia, although the District Of
Columbia may not always be con-
sidered an executive department or
independent establishment within the
meaning of such enactments. Section
36I9, Revised Statutes, as amended by
the act of February y, 1906 GA
Stat. 49,, declares that no contract
or obligation shall be entered into
which shall bind the United States
for a greater amount than that pro-
vided by. the appropriation unless
such contract or obligation is author
ized by law. While this provision
might be considered as having a a
is answered by the fact that the
basic law clearly authorizes the
obligation here involved.
I'm the light of all conditions ap-
pearing. ] can only view the matter
as one in which the Congress. having
made appropriations for salaries for
the three services involved. disclos-
ing no clear intent that payments
therefrorl should be otherwise than
pursuant to the basic law fixing such
salaries as found in the enactments
of May 81. 1924. and June 4. 1924, the
appropriations will be available July
/, 1924, for payments in accord with
the basic law maintaining at the time
service is rendered. True, the appro-
priations were originally estimated
for on the basis of the basic law as
heretofore existing. but the basic
law having been changed, the con-
clusion is justified that the funds so
appropriated are for use toward pay
ment OF the basic salary as fixed by
law at the time services are rendered,
prior laws being now no authority
for payment
Part Of Permanent Body.
''The teachers. police and firemen,
being part of the permanent and legally
established government of the District
of Columbia. so far as these salaries are
concerned, there does not arise the ques-
ton of entering into obligations in ex-
cess of those authorized by law. such
obligation being duly authorized by law.
Neither does section 367S, Revised
Statutes, prohibiting the use of appro-
priations for objects other than for