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A79193 1 (1897-09-23)

handle is hein.gao/gaobadack0001 and id is 1 raw text is: 138 DECISIONS OF THE COMPTROLLER. Propagation, and distribntion Uf these seetis, etc.-$110000 for the purchaise thereof and S20,000 for their propagation and distribution. The word purchase in law means to acquire (property) by one's own act or agreement, as distinguished from the act or opperation of law. The word '' purchase in the act in question is used in the sense of acquire or procure. If, then, it becomes necessairy to acquire or prociro these seeds, bulbs, treesslrubs, vines, cu'tting, or plants, or any part of tire samrie witbon'. the limits of the United States, the Secretary of Agriculture will necessarily have to use an agent or ill person inake these purchases, which latter would be impracticable. If a portion of this money can be spent profitably by the Secretary in scouring valuable seeds and plants by sending an agent to procure and purchase them where they can be had, I see no reason why a part of this sum, which was primarily in tended for the benefit and advauceient of the country, should be wasted ilu the pirchase of seeds and plants which it is well known beforchand will result in io material good, when the Secretary can use a portion (if the same in the payment of pur-. chasing agents and thereby procure such seeds and plants as, when introduced into this country, will result in an equivalent for these large auual expenditures, and especially is this so when this ruling does no violence to the lauguage used in the not of appropriation. If he is authorized to a.cqtifre property, he is necessarily authorized to use the means necessary to its acquiremnents, and in thejudgincnt of the Secretary the means necessary to this end is a purclasing agent. Iu the construction of this appropriation I can not close my eyes to the past history of the prEtigate expenditure of the annual sum appropriated for the purchase of seeds, plants, etc., and I can not gain the consent of my mind, by a strict construction of the Innguage used, to perpetuate this rule of waste and folly. It is my opinion, therefore, that you are justified in using such part of the $110,000 appropriited as in your best judg- ment is necessary to pay an agent to procure for you such. valuable seeds and plants as you may think necessary, in order to put into the hands of the farmers of this country seeds and plants that will prove a benefit to them and to the agricultural interests at large. EXPENSES OF COMMISSIONEES APPOINTED TO REVISE AND CODIFY TilE CRIMINAL LAWS The act of Jine 4, 1897. pr'oidiinm for the :ipjioinitmUnt of three c'inuni.i- sioners tv rcvise and cility Lio criminal i eW8 of tit.* United Stats, and making anl :apjio-priationi for their sal-ries, nild Also a sum s1ufli- cieat to pay the expenses of the comniissioners, does not create :L (ommliission with olthlorirt to estallish in ofice ill Washin toii 1ul employ a clerial fore; nor is tihe appropri:ntion in:ile in terni for IC payment of run o, as rfruired by tie act of .larr-h 3, 1577. to authorize. the reniit of property for Goverument iurpuses in the District of (Comptroller Tracewell to the Disbursiu' Glcrk, Department of Justice, September 23, 1897.) I have received your letter of the 18th instant asking fcoin whutt date you are authorized to pay the salary of Mr. Augustus H1. Hersey. who was appointed by the Attorney General as stenographer to the comnission to codify the penal laws of the United States. Mr. Hersey's letter of appointment was not signed until September 1, although he took the oath of olicec on August 31. In the sundry civil appropriation act of June 4, 1897 (30 Stat., 5S), there was the folliwing legislation: That the President, with the advice and consent of the Senate. shall appoint three conmmnissioners whose duty it shall be, under the. d irection of thp Attorney-General, to revise and codify the criminal and penal laws of the United States. That they shall proceed with their work as rapidly as inay be consistent with thoroughness, and shall report the result of their labors to the Attorney-General when completed, to be by hint laid before Congress, and shall make such other reports during tle progress of their work as they shall see fit to the Attorney-General, to be laid before Congress at his discretion. That their report shall be so made as to indicate any pro- posed cltange inl the substtnrce of existing law, and shall be accompanied by notes which shall briedly and clearly state tine reasons for any proposed change. u That each of said comimissioners shall receive a salary of five th ousanrd dollars a year, which, as also a suin sutfficienit to pay tihe expenses of the commnissioners, to be approved arnd certilied to by the Attorney-General. is hereby appropriated ont of any money in the Treasury not otherwise appropriated. The question is presented as to whether this legislation au- thorizes the payment of Mr. Hersey. If so, it would seem to be clear that his appointment as stenographer does not make him an officer, and for the reasons stated in recent decisions of FXPENSES OF COMMISSIOLNE;Ri - . 139

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