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June 19, 1878.

Supp. R. S., p.

167.

Requisitions of

That the Secretary of the Navy be, and he is hereby, 20 Stat. L., 167. authorized to issue his requisitions for advances to disburs193-4, 8.1, v. 20, p. ing officers and agents of the Navy under a "General account of advances," not to exceed the total appropriation Secretary of Na- for the Navy, the amount so advanced to be exclusively vy for advances; used to pay current obligations upon proper vouchers and that "Pay of the Navy" shall hereafter be used only for Use of appro- its legitimate purpose, as provided by law.

how issued.

R. S., s. 3673.

priations for pay of Navy limited. 18 Opins., 412. Advances, how

charged.

R. S., s. 283.

Settlements, etc., by Fourth

Auditor.

5.

SEC. 2. That the amount so advanced be charged to the proper, appropriations, and returned to "General account of advances" by pay and counter warrant; the said charge, however to particular appropriations, shall be limited to the amount appropriated to each.

SEC. 3. That the Fourth Auditor shall declare the sums due from the several special appropriations upon complete R. S., s. 277, par. vouchers, as heretofore, according to law; and he shall adjust the said liabilities with the "General account of advances."

Mar. 3, 1809, s.1,

Form of drawSEC. 3675. All warrants drawn by the Secretary of the ing and charging warrants. Treasury, upon the Treasurer of the United States, shall v. 2. p. 535; Sept: specify the particular appropriation to which the same 2. 1789, s. 6, v. 1, p. should be charged; and the moneys paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation in the books of the Secretary, First Comptroller, and Register.

67.

for Navy con

Appropriation SEC. 3676. All appropriations for specific, general, and trolled by Secre. contingent expenses of the Navy Department shall be untary; for each der the control and expended by the direction of the Secseparately. retary of the Navy, and the appropriation for each Bureau July 5, 1862, s. shall be kept separate in the Treasury.

Bureau to be kept

5, v. 12, p. 511.

See note 3.

Mar. 3, 1893.

credited with

And hereafter the accounting officers of the Treasury are "Pay miscella hereby authorized to credit appropriation "Pay miscellaneous" to be neous,' ," with all receipts for interest on the account of the certain receipts. Navy Department with the London fiscal agents, premiums R. S., sec. 3676. arising from sales of bills of exchange, and from any appreciation in the value of foreign coin.

Applications of moneys арргоpriated.

SEC. 3678. All sums appropriated for the various branches of expenditure in the public service shall be applied solely

erly incurred within the year, and upon contracts made within the year, but not performed until later. Appropriations which in terms are for one year can not be used for payment of expenses not incurred in the year. Money can not be taken by counter requisition to settle old accounts. (Op., XIII, 289, July 27, 1870, Akerman.) Note 3.--The Secretary of the Navy can draw on the contingent fund for purposes of a contingent character-that is, such as might or might not happen, and which Congress could not easily foresee, and therefore could not provide for definitely. (Op., I, 302, Wirt.)

The words Contingent expenses," as used in the appropriation acts, mean such incidental, casual expenses as are necessary, or at least appropriate and convenient, in order to the performance of the duties required by law of the Department or the office for which the appropriation is made. (Op., XVI, 412, Devens, Dec. 19, 1879.) The appropriations for Contingent of the bureaus (Civil)" are merged with that for the Secretary's Office by legislative act approved March 3, 1883.

Damages occasioned by collision in which a naval vessel is at fault, even when occurring in foreign waters, are not a proper charge against the contingent fund or any other regular appropriation. Special authority of Congress must be obtained before payments on such account will be allowed by the accounting officers.

to the objects for which they are respectively made, and, Mar. 3, 1809, s. for no others.

1, v. 2, p. 535;
Feb. 12, 1868, s. 2,
v. 15, p. 36.
See note 4.
No expendi-
tures beyond ap-

SEC. 3679. No Department of the Government shall expend, in any one fiscal year, any sum in excess of appro-propriations. priations made by Congress for that fiscal year, or involve the Government in any contract for the future payment of money in excess of such appropriations.

SEC. 3681. No accounting or disbursing officer of the Government shall allow or pay any account or charge whatever, growing out of, or in any way connected with, any commission of inquiry, except courts-martial or courts of inquiry in the military or naval service of the United States, until special appropriations shall have been made by law to pay such accounts and charges

July 12, 1870, 8.
See note 5.

7, v. 16, p. 251.

See ss. 3732,3733, 5503, Contracts and Supplies, Division I.

Aug 26, 1842,

8. 25, v. 5, p. 533; see Op., IV, p. 106, Oct. 25, 1842.

SEC. 3682. No moneys appropriated for contingent, inci- Restrictions on dental, or miscellaneous purposes shall be expended or paid for official or clerical compensation.

SEC. 3685.

contingent, etc., appropriations. Idem. s. 3, p.

250.

See under Con

tingent Funds. Special appropriation availa

In no case shall any special appropriation be available for more than two years without ble for two years. further provision of law. [Exception for establishing, June 10. 1872, 8. light-houses.]

SEC. 3686. All appropriations made for the preparation or publication of foreign hydrographic surveys shall only be applicable to their object, upon the approval by the Secretary of the Navy, after a report from three competent naval officers, to the effect that the original data for proposed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data, before he shall approve of any application of money to the preparation or publication of such charts or hydrographic surveys.

1, v. 17, p. 355.

graphic surveys.

7,

Foreign hydroFeb. 21, 1861, 8. v. 12, p. 150

definite appro

SEC. 3689. There are appropriated, out of any moneys Permanent inin the Treasury not otherwise appropriated, for the pur- priations. poses hereinafter specified, such sums as may be necessary, May 18, 1872, s. for the same respectively; and such appropriations shall 19 A. G. Op., be deemed permanent annual appropriations.

Allowance for reduction of wages under eight-hour
law:

2, v. 17, p. 134.

p. 685.

tracts and Sup

Of such sum as may be required in the settlement of all, See s. 3738, Conaccounts for the services of laborers, workmen, and mechan- plies, Division I.

Note 4.-Section 3678 extends only to such cases as relate to “proceeds of sales". receipts which are in the nature of revenue belonging to no appropriation, and not available for expenditure without authority from Congress. It does not prohibit one Department from supplying articles to another, and the transfer of appropriations to make reimbursements. (Op., Dec. 20, 1882, Brewster.)

Section 3678 makes unlawful the diversion of funds appropriated for one object of expenditure to another object of expenditure, and forbids an appropriation for any purpose to be thus enlarged beyond the amount thereof, as fixed by Congress. The furnishing of articles by one Department to another, and subsequent reimbursements by transfer of appropriation, not a diversion or an enlargement contemplated by this section. (Op., Dec. 20, 1882, Brewster.)

Note 5.-No contract can be made for rent of buildings until appropriations are made therefor.

July 4, 1864, s88. 2, 3, v. 13, p. 390.

June 30, 1864, 8. 16, v. 13, p. 311.

Expenditure of

propriations.

5, v. 16, p. 251.

See sec. 3689.

ics employed by or on behalf of the Government, between
the twenty-fifth day of June, eighteen hundred and sixty-
eight, the date of the act constituting eight hours a day's
work for all such laborers, workmen, and mechanics, and
the nineteenth day of May, eighteen hundred and sixty-
nine, the date of the proclamation of the President con-
cerning such pay, to settle and pay for the same without
reduction on account of reduction of hours of labor by said
act, when it shall be made to appear that such was the
sole cause of the reduction of wages.

Indemnity to seamen and marines for lost clothing:
To allow and pay to each person, not an officer, employed
on a vessel of the United States, sunk or otherwise
destroyed, and whose personal effects have been lost, a
sum not exceeding sixty dollars. In the event of the death
of the person, this sum is to be paid to his proper legal
representatives.

Prize money to captors:

For one moiety of the proceeds of prizes captured by vessels of the United States, to be distributed to the officers and crews thereof, in conformity to the provisions of Title "PRIZE;" also, the proceeds of derelict and salvage cases adjudged by the courts of the United States to salvors.

SEC. 3690. All balances of appropriations contained in balances of ap the annual appropriation bills and made specifically for July 12, 1870, s. the service of any fiscal year, and remaining unexpended at the expiration of such fiscal year, shall only be applied to the payment of expenses properly incurred during that year, or to the fulfillment of contracts properly made within that year; and balances not needed for such purposes shall be carried to the surplus fund. This section, however, shall not apply to appropriations known as permanent or indefinite appropriations.

Disposal of balances after two

years.

6, v. 16, p. 251.

1874.

SEC. 3691. All balances of appropriations which shall have remained on the books of the Treasury, without being July 12, 1870, s. drawn against in the settlement of accounts, for two years See June 20, from the date of the last appropriation made by law, shall be reported by the Secretary of the Treasury to the Auditor of the Treasury, whose duty it is to settle accounts thereunder, and the Auditor shall examine the books of his Office, and certify to the Secretary whether such balances will be required in the settlement of any accounts pending in his Office; and if it appears that such balances will not be required for this purpose, then the Secretary may include such balances in his surplus-fund warrant, whether the head of the proper Department shall have certified that it may be carried into the general Treasury or not. But no appropriation for the payment of the interest or principal of the public debt, or to which a longer duration is given by law, shall be thus treated.

July 26, 1886.

Balances of ap

All balances of moneys appropriated for the pay of the Navy or pay of the Marine Corps, for any year existing propriations to after the accounts for said year shall have been settled pay Navy; when shall be covered into the Treasury.

to be covered into

Treasury. R. S. secs. 250, 360, 3691; June 20, 1874, ch. 328, s. 5; Aug. 30, 1890, ch. 837, s. 4.

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into the

Exceptions, to

That from and after the first day of July, eighteen hun- June 20, 1874. dred and seventy-four, and of each year thereafter, the Unexpended Secretary of the Treasury shall cause all unexpended bal-balances to be ances of appropriations which shall have remained upon Treasury. the books of the Treasury for two fiscal years to be carried continue avail to the surplus fund and covered into the Treasury: Pro- able. rided, That this provision shall not apply to permanent specific appropriations, appropriations for rivers and harbors, light-houses, fortifications, public buildings, or the pay of the Navy and Marine Corps; but the appropriations named in this proviso shall continue available until otherwise ordered by Congress * And provided further, That, Existing conthis section shall not operate to prevent the fulfillment of contracts existing at the date of the passage of this act.

tracts not af

fected.

June 20, 1874, 8. 5, v. 18, p. 85; June 14, 1878, 8. 4, v. 20, p. 130. See note 6. Title 41.

material.

5, v. 17, p. 83;

SEC. 3692. All moneys received from the leasing or sale of marine hospitals, or the sale of revenue cutters, or from Proceeds of cer the sale of commissary stores to the officers and enlisted tain sales, etc., of men of the Army, or from the sale of materials, stores, or May 8, 1872, s. supplies sold to officers and soldiers of the Army, or from Mar. 3, 1847, s. 1, sales of condemned clothing of the Navy, or from sales of. 9, p. 171; Apr. materials, stores, or supplies to any exploring or surveying 14, p. 40; July 28, expedition authorized by law, shall respectively revert to 1966, s. 25, v. 14, p. that appropriation out of which they were originally y. 17. p. 33: Mar. expended, and shall be applied to the purposes for which they are appropriated by law.

20, 1866, ss. 1, 2, v.

336; June 8, 1872,

3, 1875, v. 18, pp.

388, 410; Feb. 27,

1877, v. 19, p. 249.

propriations and

From and after the passage of this act, it shall be the June 19, 1878. duty of the Secretary of the Treasury to transmit to Con- Tabular stategress, annually, a tabular statement showing in detail the ment of Navyapreceipts and expenditures in the naval service under each expenditures. appropriation, as made up and determined by the proper officers of the Treasury Department, upon the accounts of disbursing officers rendered for settlement.

There shall be appended to this statement an account of balances in the hands of disbursing agents at the close of each fiscal year, and a report of any amounts lost or unaccounted for by voucher.

Note 6. This section was adopted, after the fullest consideration by Congress, expressly to cut off the payment of accrued claims by covering into the Treasury, after two years, the balance of the appropriation from which they might have been paid. The plain purpose of this act was to confine the officers of the Government to the allowance and payment of liabilities within three fiscal years. Decision of the Secretary of the Treasury, April 20, 1877. The use of appropriations is discussed in this decision.

376-12

Statement

of

balances in hands

of the disbursing officers, and amounts lost. June 19, 1878, ch. 312, ss. 1, 2, v. 20, p. 167.

Title 8.

Sec.

ATTORNEY-GENERAL-DEPARTMENT OF JUSTICE.

354. Duties of Attorney-General.

356. Opinion of Attorney-General upon
questions of law.

357. Legal advice to Departments of War
and Navy.

358. Reference of questions by Attorney-
General to subordinates.

359. Conduct and argument of cases.
360. Duties of officers of Department of
Justice.

361. Officers of, to perform services for
other Departments.

Sec.

363. Retaining counsel to aid district at-
torneys.

364. Attendance of counsel.
365. Counsel fees restricted.

366. Appointment of special counsel.
367. Detail of officers to attend suits.
370. Traveling expenses of officers so
detailed.

383. Publication of opinions.

SEC. 356. The head of any Executive Department may

Duties of At-require the opinion of the Attorney-General on any questorney-General. tions of law arising in the administration of his Depart

Sept. 24, 1789, s.

35, v. 1, p. 92; ment.

Feb. 27, 1877, v.

19, p. 241.

Opinion of Attorney-General upon questions of law.

June 22, 1870, 8.
6, v. 16, p. 163.
See note 1.
Legal advice to

Departments of
Idem.

SEC. 357. Whenever a question of law arises in the War and Navy. administration of the Department of War or the Department of the Navy, the cognizance of which is not given by statute to some other officer from whom the head of the Department may require advice, it shall be sent to the Attorney-General, to be by him referred to the proper officer in his Department, or otherwise disposed of as he may deem proper.

Officers of the

perform all legal

SEC. 361. The officers of the Department of Justice, under Department to the direction of the Attorney-General, shall give all opinservices required ions and render all services requiring the skill of persons for other Depart- learned in the law necessary to enable the President and

ments.

Idem, s. 14.

heads of Departments, and the heads of Bureaus and other

Note 1.-The law does not declare the effect of advice; practice of the Departments to heed it. (Op., V, 97, Johnson.)

Not the duty of the Attorney-General to give opinions on questions of fact, nor to review the proceedings of a court-martial in search of questions of law. (Op., V, 626, Crittenden.)

Does not reply to speculative points or supposed cases. Gives advice on actual cases where the special facts are set forth by the Department. (Op., IX, 82, Black.; XIII, 531-568, Akerman; XII, 433, Browning.)

The opinion of the Attorney-General for the time being is in terms advisory to the Secretary who calls for it; but it is obligatory as the law of the case unless, on appeal by such Secretary to the common superior of himself and the AttorneyGeneral, namely, the President of the United States, it is by the latter overruled. (Op., VII, 692, Cushing.)

Will not review the opinion of a former Attorney-General unless a proper case is presented therefor and submitted by a head of a Department. (Op., XI, 189, Speed.) Can not act as arbitrator between the Government and an individual, and can therefore render no award in the sense in which the phrase is generally understood. (Op., I, 209, Wirt.) Declines to give an opinion upon a question involving the esti mation of the weight and credibility of testimony. (Op, XIV, p. 54, Bristow.)

Not required to give an opinion to the Senate. (Op., X, 165, Bates.) Not his duty to give opinion on matters pending in Congress on request of either house or any committee. (Op., XII, 544, Évarts; XIV, 17, 177, Williams.) Not authorized to give an opinion (official) in response to a call of the head of a Department, although made at the request of a committee of Congress, where the question proposed does not arise in the administration of such Department. (Op., XV, 138, Taft.)

Subordinate officers who desire an official opinion must seek it through the head of the Department to which said subordinate is accountable. (Op., X, 458.) No right to give an official opinion except where it is his duty to do so, that is, to the President and heads of Departments. (Op., I, 335, VI, 21, 147.) See Op. XIV, 21, declining to approve or disapprove of an opinion of an assistant attorney-general of an Executive Department-not having been called for by the President or the head of a Department.

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