Evening star., 1935-02-02
May NulIify Hundreds of
Promotions and Raise
r. Many Difficulties.
LIABILITY FOR EXCESS
UP TO PAY OFFICERS
Controller General Claims Final
Say Over Attorney General as
to Legality of Expenditures.

Pay roll officers disbursing emer-
gency funds were on notice today to
revise salary scales in their establish
ments in accordance with principles
laid down by Controller General Nc
Carl, and Attorney General Cummings
was confronted with brusque declar-
alton from the controller general that
the latter official and not the cabinet
member has final say as to the legal
: ity of Government expenditures.
r McCarl's position was affirmed in a
decision to the finance Office, War
Department, made public yesterday
and may have the effect Of nullifying
hundreds of promotions made IN
emergency groups, although 1t IS ex-
pected to be eaSed to some extent by
the fact the ban on advancements
has been lifted in part since last
July.
: Under any circumstances, maze
of difficulties is anticipated out OF
payments already made, and admins
trative officers who have not proceed
ed in accordance with principles laid
down by the controller general face
the prospect of being held responsible
for any salary overpayments they
permitted.
Salaries Out Of Line.
The issue, finally brought to head
has been of long standing. When the
emergency groups were created Con-
rress provided that their salaries
should be fixed without regard to the
classification act, which regulates pay
in the old-line groups. AS a result
salaries we're all out Of line, and IN
an endeavor to correct this situation
President Roosevelt issued an execu-
tive order supplementing it with others
which set up a scale comparable tc
that of the classification act.
Applying this scale, McCarl held
that no upward revision could be
made that would equal one step up in
the corresponding classification rate
as otherwise this would amount to an
administrative promotion, expressly
forbidden by the economy act.
In a large number of cases there
were protests, the contention being
made that if salaries could be cu
without hindrance they also could bt
raised. Attorney General Cumming:
was appealed to and he agreed with
this view
The understanding is that some Off.
GERS went along with the Attorney
Generals ideas rather than the fla
of the controller general, and as thu
pay rolls in these cases have come
into the General Accounting Office
for audit they have been promptly
held up.
II C. c. c. Payments.
In the case of the War Department
the payments in question-17-were
made to employees of the Civilian Con-
servation Corps without recourse tc
the view of the controller general ano
before he had ruled on the matter
When he held the payments had beer
wrongfully made a review was re-
quested, the opinion of the Attorney
General, given in the meantime, being
cited in support.
Because of McCarls position, dis
bursing officers who permitted excess
payments, or their sureties, will be
liable to the Government, unless Con-
gress comes to their aid.
They have no "out" prior to last
June 80, and since that time will have
to show that any promotions made
were possible because of personnel
savings in other directions.
While McCarl's decision in this case
has to do only with salaries, the prin-
ciples he laid down were seen as ap-
plicable to other emergency expendi-
lures, and as giving notice that these
could not contravene general law