About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

A79314 1 (1903-06-30)

handle is hein.gao/gaobadadb0001 and id is 1 raw text is: 830 DECISIONS OF THE COMPTROLLER. In view of the acts of Congress above cited, I am of opinion that the provision of the act of May 4, 1898, herein discussed has not been superseded or repealed, either expressly or by implication, and that it is still in force; and that the appoint- ment of Richard B. Chapman on January 9, 1903, by the President, as acting assistant surgeon in the Navy for tempo- rary service, was authorized under said act. Section 13, act of March 3, 1899 (30 Stat., 1007), known as the navy personnel act, provides: That all officers, including warrant officers, who have been or may be appointed to the Navy from civil life, shall, on the date of appointment, be credited, for computing their pay, with five years' service. The above section is found in the act of Congress approved March 3, 1899 (30 Stat., 1007), entitled An act to reorganize and increase the efficiency of the personnel of the Navy and Marine Corps of the United States. This act, in my opinion, has reference to the officers of the Regular Navy and had not in view officers who are merely in the temporary service. By it I do not think Congress had in view the organization or pay of officers who are merely in the temporary service, and I fail to find in said act any express provision relative to officers of the Navy in the tem- porary service. In answer to your question, I am of opinion, and so decide, that upon the facts stated Mr. Chapman is not entitled to be credited, for computing his pay, with five years' service under said section 13; see also Taylor v, United States, No. 22516, decided January 5, 1903. DISBURSEMENTS FOR THE GOVERNMENT HOS- PITAL FOR THE INSANE. The Secretary of the Interior is authorized to direct the disbursing officer of the Interior Department to disburse moneys for the Government Hospital for the Insane during a vacancy in the office of superintend- ent of the hospital. (Acting Comptroller Mitchell to the Secretary of the Interior, June 30, 1903.) In your communication of June 30, 1903, you request my decision of a question which you present as follows: Section 4839 of the Revised Statutes provides that the superintendent of the Government Hospital for the Insane RENT OF BUILDINGS. 831 shall be the responsible disbursing agent of the institution. As you are probably aware, Dr. A. B. Richardson, the super- intendent and disbursing agent, died suddenly on. the 27th instant. I have designated an officer of that institution to tempo- rarily take charge of its executive affairs, but, as before stated, the designation being temporary, I do not deem it proper to call upon him to give bond as a disbursing agent, and there- fore submit the question to you for an opinion whether or not, under the emergencies now existing, 1 can appoint Mr. George W. Evans, the disbursing clerk of this Department, to make disbursements on account of that institution until some permanent arrangement can hereafter be made. On a similar occasion, upon the death of Dr. W. W. God- ding, former superintendent of the hospital, who died May 6, 1899, no legal objection was made to the appointment by the Secretary of the Interior of Dr. A. H. Witmer, an assistant physician of the hospital, who had been designated as acting superintendent, as special disbursing agent during the vacancy in the office of superintendent. (See 6 Comp. Dec., 81.) In such case a person appointed as special disbursing agent to disburse moneys for the hospital does not become disbursing agent of the hospital, that office being combined, by section 4839 of the Revised Statutes, with the office of superintendent, but he is merely an agent of the Interior Department. I see no legal objection, therefore, to your directing-the disburse- ment of moneys for the hospital to be made by the disbursing clerk of the Interior Department. RENT OF BUILDINGS IN THE DISTRICT OF CO- LUMBIA. Under the provision in the appropriation for classification, arrangement,. care, and storage of the civil records of the late military government . of Cuba, including every other necessary expense in connection therewith, payment for the rent of a portion of a building in the District of Columbia for the storage of such records is authorized, notwithstanding the provision in the act of March 3, 1877, that no contract shall be made for the rent of any building, or part of any building, in the District of Columbia until an appropriation therefor shall have been made in termis. (Acting Comptroller Mitchell to the Disbursing Clerk of the War Department, June 30, 1903.) I have received your letter of the 27th instant, as follows: I have the honor to transmit for your consideration a voucher in favor of the Merchants Transfer and Storage a

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most