A-35849, APRIL 2, 1931, 10 COMP. GEN. 451

A-35849: Apr 2, 1931

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IS NECESSARY FOR THE PURPOSE OF ISSUING NEW QUARTER DOLLARS IN COMMEMORATION OF THE TWO HUNDREDTH ANNIVERSARY OF THE BIRTH OF GEORGE WASHINGTON. " IS AVAILABLE FOR THE PAYMENT OF THE NECESSARY COMPENSATION OF THE ARTISTS. THE SECRETARY OF THE TREASURY IS AUTHORIZED TO CHANGE THE DESIGN OF THE PRESENT QUARTER DOLLAR. THE NEW COINS ARE TO BE ISSUED BEGINNING IN 1932 IN CONNECTION WITH THE BICENTENNIAL ANNIVERSARY OF THE BIRTH OF GEORGE WASHINGTON. THE SECRETARY OF THE TREASURY IS AUTHORIZED AND DIRECTED. THIS CHANGE WILL REQUIRE THE PREPARATION OF MODELS OF NEW DESIGNS FOR THE QUARTER DOLLAR AND THIS WORK MUST BE UNDERTAKEN IMMEDIATELY IN ORDER TO HAVE THE COINS READY FOR THE OPENING OF THE BICENTENNIAL CELEBRATION.

A-35849, APRIL 2, 1931, 10 COMP. GEN. 451

PERSONAL SERVICES - ARTISTS - SCULPTORS IF ADMINISTRATIVELY DETERMINED THAT TEMPORARY EMPLOYMENT OF ARTISTS, AS PROVIDED IN SECTION 3510, REVISED STATUTES, IS NECESSARY FOR THE PURPOSE OF ISSUING NEW QUARTER DOLLARS IN COMMEMORATION OF THE TWO HUNDREDTH ANNIVERSARY OF THE BIRTH OF GEORGE WASHINGTON, AS AUTHORIZED BY THE ACT OF MARCH 4, 1931, 46 STAT. 1523, THE APPROPRIATION "SALARIES AND EXPENSES, MINTS AND ASSAY OFFICES," IS AVAILABLE FOR THE PAYMENT OF THE NECESSARY COMPENSATION OF THE ARTISTS, OR SCULPTORS, SO EMPLOYED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, APRIL 2, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 17, 1931, AS FOLLOWS:

UNDER THE ACT OF MARCH 4, 1931, THE SECRETARY OF THE TREASURY IS AUTHORIZED TO CHANGE THE DESIGN OF THE PRESENT QUARTER DOLLAR, AND THE NEW COINS ARE TO BE ISSUED BEGINNING IN 1932 IN CONNECTION WITH THE BICENTENNIAL ANNIVERSARY OF THE BIRTH OF GEORGE WASHINGTON. THAT ACT READS AS FOLLOWS:

"THAT NOTWITHSTANDING THE PROVISIONS AND LIMITATIONS OF SECTION 3510 OF THE REVISED STATUTES, AS AMENDED, THE SECRETARY OF THE TREASURY IS AUTHORIZED AND DIRECTED, FOR THE PURPOSE OF COMMEMORATING THE TWO HUNDREDTH ANNIVERSARY OF THE BIRTH OF GEORGE WASHINGTON, TO CHANGE THE DESIGN OF THE 25-CENT PIECE SO THAT THE PORTRAIT OF GEORGE WASHINGTON SHALL APPEAR ON THE OBVERSE, WITH APPROPRIATE DEVICES ON THE REVERSE, OF SAID PIECE. THE NEW COINS SHALL BE ISSUED FOR GENERAL CIRCULATION BEGINNING IN 1932, THE YEAR OF THE SAID BICENTENNIAL ANNIVERSARY.'

THIS CHANGE WILL REQUIRE THE PREPARATION OF MODELS OF NEW DESIGNS FOR THE QUARTER DOLLAR AND THIS WORK MUST BE UNDERTAKEN IMMEDIATELY IN ORDER TO HAVE THE COINS READY FOR THE OPENING OF THE BICENTENNIAL CELEBRATION.

THE DESIGNS OF THE CURRENT GOLD, SILVER, AND MINOR COINS WERE EXECUTED BY SCULPTORS OUTSIDE OF THE MINT SERVICE, AND PAYMENT WAS MADE IN EACH CASE FROM THE CONTINGENT FUND OF THE MINT AT PHILADELPHIA, IN ACCORDANCE WITH SECTION 3510 OF THE REVISED STATUTES, WHICH READS IN PART AS FOLLOWS:

"SEC. 3510. * * * THE DIRECTOR OF THE MINT SHALL HAVE POWER, WITH THE APPROVAL OF THE SECRETARY OF THE TREASURY, TO CAUSE NEW DESIGNS OR MODELS OF AUTHORIZED EMBLEMS OR DEVICES TO BE PREPARED AND ADOPTED IN THE SAME MANNER AS WHEN NEW COINS OR DEVICES ARE AUTHORIZED. * * * BUT THE DIRECTOR OF THE MINT SHALL NEVERTHELESS HAVE POWER, WITH THE APPROVAL OF THE SECRETARY OF THE TREASURY, TO ENGAGE TEMPORARILY FOR THIS PURPOSE THE SERVICES OF ONE OR MORE ARTISTS, DISTINGUISHED IN THEIR RESPECTIVE DEPARTMENTS OF ART, WHO SHALL BE PAID FOR SUCH SERVICE FROM THE CONTINGENT APPROPRIATION FOR THE MINT AT PHILADELPHIA.'

THE CONTINGENT EXPENSES OF THE MINT AT PHILADELPHIA ARE NOW PAID FROM A LUMP SUM, THE APPROPRIATION BEING DESIGNATED "SALARIES AND EXPENSES, MINTS AND ASSAY OFFICES.' ALL CONTINGENT EXPENSES HERETOFORE PAID FROM THE APPROPRIATION "CONTINGENT EXPENSES, MINT AT PHILADELPHIA" ARE NOW PAID FROM THE APPROPRIATION "SALARIES AND EXPENSES, MINTS AND ASSAY OFFICES.'

AS THE APPROPRIATION "SALARIES AND EXPENSES, MINTS AND ASSAY OFFICES" INCLUDES ALL THAT WAS INHERENT IN THE APPROPRIATION FORMERLY DESIGNATED "CONTINGENT EXPENSES, MINT AT PHILADELPHIA," THIS DEPARTMENT IS OF THE OPINION THAT THE APPROPRIATION "SALARIES AND EXPENSES, MINTS AND ASSAY OFFICES" WOULD BE AVAILABLE FOR THE PAYMENT OF THE COST OF PROCURING DESIGNS FOR THE NEW QUARTER DOLLAR FROM OUTSIDE SCULPTORS. HOWEVER, BEFORE INVITING OUTSIDE SCULPTORS TO SUBMIT DESIGNS FOR THE NEW QUARTER DOLLAR, I SHOULD LIKE TO HAVE YOUR ADVICE AS TO WHETHER YOU CONCUR IN THIS VIEW.

THE FULL TEXT OF SECTION 3510, REVISED STATUTES, IS AS FOLLOWS:

THE ENGRAVER SHALL PREPARE FROM THE ORIGINAL DIES ALREADY AUTHORIZED ALL THE WORKING-DIES REQUIRED FOR USE IN THE COINAGE OF THE SEVERAL MINTS, AND, WHEN NEW COINS OR DEVICES ARE AUTHORIZED, SHALL, IF REQUIRED BY THE DIRECTOR OF THE MINT, PREPARE THE DEVICES, MODELS, MOLDS, AND MATRICES, OR ORIGINAL DIES, FOR THE SAME; BUT THE DIRECTOR OF THE MINT SHALL NEVERTHELESS HAVE POWER, WITH THE APPROVAL OF THE SECRETARY OF THE TREASURY, TO ENGAGE TEMPORARILY FOR THIS PURPOSE THE SERVICES OF ONE OR MORE ARTISTS, DISTINGUISHED IN THEIR RESPECTIVE DEPARTMENTS OF ART, WHO SHALL BE PAID FOR SUCH SERVICE FROM THE CONTINGENT APPROPRIATION FOR THE MINT AT PHILADELPHIA.

IT IS APPARENT FROM THE PROVISIONS OF THIS LAW THAT THE WORK IN CONNECTION WITH THE MODELS, MOLDS, ETC., WHEN NEW COINS OR DEVICES ARE AUTHORIZED WAS TO BE PERFORMED BY THE ENGRAVER WHEN DIRECTED BY THE DIRECTOR OF THE MINT. THE LAW FURTHER PROVIDES, HOWEVER, THAT THE DIRECTOR SHALL HAVE POWER, WITH THE APPROVAL OF THE SECRETARY OF THE TREASURY, TO ENGAGE TEMPORARILY FOR SUCH PURPOSE THE SERVICES OF ONE OR MORE ARTISTS TO BE PAID UNDER THE CONTINGENT APPROPRIATION FOR THE MINT AT PHILADELPHIA.

IT APPEARS THAT UP TO AND INCLUDING THE FISCAL YEAR 1928, TWO APPROPRIATIONS WERE MADE FOR EACH MINT AND ASSAY OFFICE, ONE FOR SALARIES AND THE OTHER FOR CONTINGENT EXPENSES. FOR THE FISCAL YEAR 1929, THE APPROPRIATIONS FOR THE SEVERAL MINTS AND ASSAY OFFICES WERE CONSOLIDATED INTO FOUR APPROPRIATIONS, TWO FOR SALARIES AND TWO FOR CONTINGENT EXPENSES, THE MINTS AND ASSAY OFFICES BEING DIVIDED INTO TWO CLASSES, MAJOR AND MINOR INSTITUTIONS. FOR THE FISCAL YEARS 1930 AND 1931, THESE FOUR APPROPRIATIONS HAVE BEEN FURTHER CONSOLIDATED INTO ONE TO COVER SALARIES AND EXPENSES OF ALL MINTS AND ASSAY OFFICES.

THE APPROPRIATION FOR 1931, AS MADE BY THE ACT OF MAY 15, 1930, 46 STAT. 349, PROVIDES:

FOR COMPENSATION OF OFFICERS AND EMPLOYEES OF THE MINTS AT PHILADELPHIA, PENNSYLVANIA, SAN FRANCISCO, CALIFORNIA, DENVER, COLORADO, CARSON CITY, NEVADA, AND NEW ORLEANS, LOUISIANA, AND ASSAY OFFICES AT NEW YORK, NEW YORK, BOISE, IDAHO, HELENA, MONTANA, SALT LAKE CITY, UTAH, AND SEATTLE, WASHINGTON, AND FOR INCIDENTAL AND CONTINGENT EXPENSES, INCLUDING TRAVELING EXPENSES, NEW MACHINERY, AND REPAIRS, CASES AND ENAMELING FOR MEDALS MANUFACTURED, NET WASTAGE IN MELTING AND REFINING AND IN COINING DEPARTMENTS, LOSS ON SALE OF SWEEPS ARISING FROM THE TREATMENT OF BULLION AND THE MANUFACTURE OF COINS, NOT TO EXCEED $500 FOR THE EXPENSES OF THE ANNUAL ASSAY COMMISSION, AND NOT EXCEEDING $1,000 IN VALUE OF SPECIMEN COINS AND ORES FOR THE CABINET OF THE MINT AT PHILADELPHIA, $1,634,480.

THERE APPEARS TO BE NO QUESTION THAT THIS APPROPRIATION AS NOW CONSOLIDATED, INCLUDES THE FORMER CONTINGENT APPROPRIATION FOR THE MINTAT PHILADELPHIA, AS CONTEMPLATED AND MADE AVAILABLE BY SECTION 3510, FOR THE PAYMENT OF COMPENSATION OF ARTISTS EMPLOYED IN CONNECTION WITH MODELS, NEW DESIGNS, ETC., INCIDENT TO AUTHORIZED NEW COINS, AND, ACCORDINGLY, I HAVE TO ADVISE THAT IF IT IS DETERMINED ADMINISTRATIVELY THAT TEMPORARY EMPLOYMENT OF ARTISTS, AS PROVIDED IN SAID SECTION 3510, REVISED STATUTES, IS NECESSARY FOR THE PURPOSE OF ISSUING THE NEW QUARTER DOLLAR, AS AUTHORIZED BY THE ACT OF MARCH 4, 1931, 46 STAT. 1523, THE APPROPRIATION "SALARIES AND EXPENSES, MINTS AND ASSAY OFFICES," IS AVAILABLE FOR THE PAYMENT OF THE NECESSARY COMPENSATION OF THE ARTISTS OR SCULPTORS SO EMPLOYED.