A-17102, FEBRUARY 8, 1927, 6 COMP. GEN. 510

A-17102: Feb 8, 1927

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IS $10. FOR THE PAYMENT OF WHICH THERE IS AT PRESENT AVAILABLE ONLY THE UNEXPENDED BALANCE OF $7. A CLAIM BY THE JUDGE MAY PROPERLY BE FILED IN THE GENERAL ACCOUNTING OFFICE WHICH WILL BE FOR CERTIFICATION TO THE CONGRESS FOR A SPECIFIC APPROPRIATION. THE JUDGE OF WHICH SHALL RECEIVE THE SAME SALARY AS IS ALLOWED TO UNITED STATES DISTRICT JUDGES. THE SALARIES OF UNITED STATES DISTRICT JUDGES WERE FIXED BY THE ACT OF FEBRUARY 25. IS $10. WAS SUPERSEDED AND NO LONGER IN EFFECT. THERE IS FOR CONSIDERATION WHETHER THERE IS AVAILABLE. 500 FOR THE SALARY OF THE DISTRICT JUDGE FOR THE FISCAL YEAR 1927 IS SPECIFIC. THAT IS TO SAY. 500 IS AUTHORIZED TO BE EXPENDED FOR THE JUDGE'S SALARY. YOU ARE ADVISED.

A-17102, FEBRUARY 8, 1927, 6 COMP. GEN. 510

COMPENSATION - DISTRICT JUDGE OF THE PANAMA CANAL ZONE THE LEGAL SALARY RATE OF THE DISTRICT JUDGE OF THE PANAMA CANAL ZONE ON AND AFTER JANUARY 1, 1927, UNDER THE ACT OF DECEMBER 13, 1926, 44 STAT. 919, IS $10,000 PER ANNUM, FOR THE PAYMENT OF WHICH THERE IS AT PRESENT AVAILABLE ONLY THE UNEXPENDED BALANCE OF $7,500 SPECIFICALLY APPROPRIATED FOR THE SALARY OF THE JUDGE FOR THE FISCAL YEAR 1927, IN THE ACT OF APRIL 15, 1926, 44 STAT. 295. IN THE ABSENCE OF A DEFICIENCY ACT APPROPRIATING THE BALANCE OF THE SALARY AT THE RATE OF $10,000 FOR THE PERIOD JANUARY 1 TO JUNE 30, 1927, A CLAIM BY THE JUDGE MAY PROPERLY BE FILED IN THE GENERAL ACCOUNTING OFFICE WHICH WILL BE FOR CERTIFICATION TO THE CONGRESS FOR A SPECIFIC APPROPRIATION.

COMPTROLLER GENERAL MCCARL TO THE GOVERNOR OF THE PANAMA CANAL, FEBRUARY 8, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 18, 1927, THROUGH THE CHIEF OF OFFICE, WASHINGTON, D.C., REQUESTING DECISION WHETHER SALARY OF THE DISTRICT JUDGE OF THE CANAL ZONE MAY BE PAID AT THE RATE OF $10,000 PER ANNUM, RATHER THAN AT THE RATE OF $7,500 PER ANNUM FROM JANUARY 1, 1927, UNDER THE APPROPRIATION PROVIDED FOR THE CIVIL GOVERNMENT OF THE PANAMA CANAL AND CANAL ZONE FOR FISCAL YEAR 1927.

SECTION 8 OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF SEPTEMBER 21, 1922, 42 STAT. 1005, PROVIDES THAT THERE SHALL BE IN THE CANAL ZONE ONE DISTRICT COURT, THE JUDGE OF WHICH SHALL RECEIVE THE SAME SALARY AS IS ALLOWED TO UNITED STATES DISTRICT JUDGES.

THE SALARIES OF UNITED STATES DISTRICT JUDGES WERE FIXED BY THE ACT OF FEBRUARY 25, 1919, 40 STAT. 1156, AT $7,500 PER ANNUM, BEGINNING MARCH 1, 1919. THE ACT OF DECEMBER 13, 1926, 44 STAT. 919, INCREASED THE SALARIES OF UNITED STATES DISTRICT JUDGES TO THE RATE OF $10,000 PER ANNUM, BEGINNING JANUARY 1, 1927. THE ACT OF APRIL 15, 1926, 44 STAT. 295, PROVIDING APPROPRIATIONS FOR THE PANAMA CANAL FOR THE FISCAL YEAR 1927 CONTAINS AN ITEM AS FOLLOWS:

FOR CIVIL GOVERNMENT OF THE PANAMA CANAL AND CANAL ZONE, INCLUDING SALARIES OF DISTRICT JUDGE, $7,500; DISTRICT ATTORNEY $5,000; MARSHAL, $5,000; AND GRATUITIES AND NECESSARY CLOTHING FOR INDIGENT DISCHARGED PRISONERS, $999,980;

THE AUTHORIZED SALARY RATE OF THE DISTRICT JUDGE OF THE PANAMA CANAL ON AND AFTER JANUARY 1, 1927, IS $10,000 PER ANNUM, THE RATE FIXED IN THE ACT OF DECEMBER 13, 1926, SUPRA, FOR THE REASON THAT WHEN THAT STATUTE BECAME EFFECTIVE, THE PRIOR STATUTE DATED FEBRUARY 25, 1919. FIXING THE RATE OF $7,500 PER ANNUM, WAS SUPERSEDED AND NO LONGER IN EFFECT. SEE IN THIS CONNECTION THIRD PARAGRAPH OF DECISION OF JUNE 12, 1924, 3 COMP. GEN. 958.

HOWEVER, THERE IS FOR CONSIDERATION WHETHER THERE IS AVAILABLE, DURING THE PRESENT FISCAL YEAR, ONLY $7,500 FOR THE PAYMENT OF THE SALARY OF THE DISTRICT JUDGE OF THE PANAMA CANAL, OR WHETHER ANY UNEXPENDED BALANCE OF THE TOTAL APPROPRIATION OF $999,980, ABOVE QUOTED, MAY BE USED TO PAY THE SALARY AT THE RATE OF $10,000 PER ANNUM FROM JANUARY 1, 1927, TO JUNE 30, 1927, WITHOUT REGARD TO THE SPECIFIC LIMITATION OF $7,500 IN THE APPROPRIATION.

THE APPROPRIATION OF $7,500 FOR THE SALARY OF THE DISTRICT JUDGE FOR THE FISCAL YEAR 1927 IS SPECIFIC, WHICH, UNDER THE WELL-SETTLED RULES OF STATUTORY CONSTRUCTION, WOULD PRECLUDE THE USE OF ANY OTHER APPROPRIATION IN LIEU THEREOF OR IN ADDITION THERETO. THAT IS TO SAY, OF THE APPROPRIATION OF $999,980 FOR THE CIVIL GOVERNMENT OF THE PANAMA CANAL AND CANAL ZONE FOR $7,500 IS AUTHORIZED TO BE EXPENDED FOR THE JUDGE'S SALARY. SECTION 3678, REVISED STATUTES. IN THIS RESPECT THE DECISION OF JUNE 12, 1924, SUPRA, TO WHICH YOU PROBABLY REFER IN THE LAST PARAGRAPH OF YOUR SUBMISSION, DISTINGUISHES BETWEEN THE FUNCTIONS OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA AND FUNCTIONS OF THE UNITED STATES GOVERNMENT.

YOU ARE ADVISED, THEREFORE, THAT THE AUTHORIZED OR LEGAL SALARY RATE OF THE DISTRICT JUDGE ON AND AFTER JANUARY 1, 1927, IS $10,000 PER ANNUM, BUT THAT THERE IS AT PRESENT AVAILABLE TO PAY SUCH SALARY ONLY THE UNEXPENDED BALANCE OF THE $7,500 APPROPRIATED FOR THE SALARY OF THE JUDGE FOR THE FISCAL YEAR ENDING JUNE 30, 1927, AND SAID BALANCE MAY BE USED UNTIL EXHAUSTED TO PAY THE SALARY AT THE AUTHORIZED RATE OF $10,000 PER ANNUM.

IF THE DISTRICT JUDGE SERVES FOR THE REMAINDER OF THE FISCAL YEAR, AND A DEFICIENCY APPROPRIATION IS NOT PROVIDED TO PAY THE DIFFERENCE BETWEEN HIS AUTHORIZED SALARY AND THE UNEXPENDED BALANCE OF THE CURRENT SALARY APPROPRIATION, HE WOULD HAVE A CLAIM AGAINST THE UNITED STATES FOR THE DIFFERENCE BETWEEN THE AMOUNT OF HIS AUTHORIZED SALARY AT THE RATE OF $10,000 PER ANNUM FOR THE SIX MONTHS' PERIOD ENDING JUNE 30, 1927, AND THE AMOUNT PAID TO HIM ON ACCOUNT OF SUCH SALARY, WHICH CLAIM MAY BE FILED IN THIS OFFICE AND WOULD BE FOR CERTIFICATION TO THE CONGRESS FOR A SPECIFIC APPROPRIATION. DECISION OF THE COMPTROLLER OF THE TREASURY DATED JUNE 25, 1920, 93 MS. COMP. DEC. 1210.