Evening star., 1927-04-20
ADVANCE REFUSED
FOR POLICE COURT
MccarI Denies Funds to Pay
Jurors and Increases to
Employees.

Controller General McCarl today
denied the Police Court the privilege
of drawing an advance on its appro-
priation for the next fiscal year to
pay the compensation of jurors for
the remainder of the current fiscal
year, which ends June 80, as well as
for the purpose of paying salary in
creases to Is employees who were
given higher allocations under the
classification act.
The court already had suspended
jury trials because of the lack of
funds, and as a result Of the controller
generals decision the Is employees
will have to be furloughed for a total
of 192 days. Deficiency appropriations
for both of these items were con-
tanned in the second deficiency appro-
priation bill. which failed of passage
at the last session OF Congress.
The question as to whether the
court could incur obligations under
the appropriations granted for the
fiscal year ending June 80 was sub
an opinion by the Commissioners of
the District at the request of the
Police Court judges. Mr.. McCarl held
that the appropriations of the court
for the current fiscal year are sub
ject to the fiscal year limitations.
No Rule on Debt.
The controller general, however, de.
clined to rule on another question as
to whether the court may incur obli-
cations during the fiscal year 1927
beyond the amount appropriated,
thereby creating deficiency with the
hope that Congress will eventually
make appropriations to cover the
deficit. The controller generals de-
cision was contained in a communica-
ton to Commissioner Proctor L.
Dougherty. 1t reads:
Consideration has been given to
your letter Of April IL, 1927, forward
ing for decision the questions sub
mitted by the judges Of the Police
Court, District of Columbia, whether
the Police Court may incur obliga-
tions under two items Of appropria-
ton beyond the amount appropriated
hereunder for the fiscal year ending
June 80, 1927.
Zone of the items is for personal
services in accordance with the
classification act of 1923, and the
other is for compensation of jurors in
the Police Court during the fiscal
year 1927. It appears there is a de-
ficiency under each OF said items for
the fiscal year 1927, for which a pro-
vision was contained in the second
deficiency BILL which failed or passage
during the last session OF Congress.
Causes of Deficiency.
"It is alleged that the deficiency in
the item for personal services in ac-
cordance with the classification act
of 1923 was the result of the realloca-
tion of positions by the Personnel
Classification Board, requiring the
payment of increased salaries during
the remainder of the fiscal year. The
deficiency in the other item for COM
pensation of jurors apparently was
the result Of an unusual number or
Jury trials requested during the f1scal
both of the appropriation items un-
der consideration are strictly nscal-
year appropriations and subject 10 MS
cal-year limitations. Hence, the 1878
appropriations for the same purposes
win not be available for compensation
for services rendered by employees or
Jurors during the fiscal year 1927.
ssThe question submitted, whether
the court may incur obligations dur
ing the fiscal year 1927 beyond the
an7ount appropriated for that year,
thereby creating a deficiency, with
the hone or expectation that the Con-
gress will eventually make appropria-
tion to cover same, does not at this
time present matter for the decl-
sion of this office, as there Is not In
voIved the expenditure of any appro-
nriated funds now provided. The pro-
visions of section 1878, Revised
Statutes, as amended by the act of
February 2T, 1906, thirty.fourth
statute, 40, relative to the incurring
of deficiencies, are directed to and for
the guidance of administrative officers,
and their duties and responsibilities
hereunder may not be shifted to or
assumed by this Office"
Sebring Is Disappointed.
Keen disappointment was evinced
by Frank A. Sebring, chief clerk Of
the Police Court, when informed OF
the Controllers ruling today.
1T was our last hope" he stated.
1--WE felt that Mr.. McCarl might find
some way to help us out of our diff
Guilty and so prevent the chaotic con-
iitions i'm Police Court.
Judge Schuldt and have gone to
the highest authority to which we
can aspire. OF course, we could go to
the President of the United States,
but we do not intend 60 do that.
Congress alone Us to blame, and,
believe me. that fact Is going to be
vACoBttnsaed on Eake q EQlNmn ~