A-44459, SEPTEMBER 12, 1932, 12 COMP. GEN. 344

A-44459: Sep 12, 1932

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ECONOMY ACT - ALASKA C FUND THE SALARIES OF DEPUTY CLERKS OF DISTRICT COURTS PAID FROM THE ALASKA C FUND ARE SUBJECT TO THE 8 1/3 PERCENT REDUCTION REQUIRED BY SECTION 105 (D) OF THE ECONOMY ACT. AS FOLLOWS: THE SALARIES OF DEPUTY CLERKS OF DISTRICT COURTS IN CERTAIN DIVISIONS OF ALASKA ARE NOW PAID FROM FUND "C. IS DISBURSED BY DIRECTION OF THE JUDGE (TITLE 48. OTHER COSTS OR FUNDS THE DISPOSITION OF WHICH IS NOT OTHERWISE SPECIALLY PROVIDED FOR BY LAW (PARAGRAPH 1315 OF THE BOOK OF INSTRUCTIONS TO OFFICIALS IN ALASKA. YOUR DECISION IS RESPECTFULLY REQUESTED WHETHER SUCH SALARIES. WHICH ARE PAID BY THE CLERK OF THE COURT UPON THE ORDER OF THE JUDGE. ARE SUBJECT TO THE 8 1/3 PERCENT DEDUCTION UNDER THE PROVISIONS OF THE ECONOMY ACT.

A-44459, SEPTEMBER 12, 1932, 12 COMP. GEN. 344

ECONOMY ACT - ALASKA C FUND THE SALARIES OF DEPUTY CLERKS OF DISTRICT COURTS PAID FROM THE ALASKA C FUND ARE SUBJECT TO THE 8 1/3 PERCENT REDUCTION REQUIRED BY SECTION 105 (D) OF THE ECONOMY ACT.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, SEPTEMBER 12, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 1, 1932, AS FOLLOWS:

THE SALARIES OF DEPUTY CLERKS OF DISTRICT COURTS IN CERTAIN DIVISIONS OF ALASKA ARE NOW PAID FROM FUND "C," WHICH, UNDER THE LAW, IS DISBURSED BY DIRECTION OF THE JUDGE (TITLE 48, SECTION 106, U.S. CODE).

THIS FUND CONSISTS OF FINES, FORFEITURES, NET FEES OF COMMISSIONERS IN EXCESS OF THEIR MAXIMUM COMPENSATION, MISCELLANEOUS FEES FOR SERVICES PERFORMED BY THE CLERK OR DEPUTY CLERK, AND OTHER COSTS OR FUNDS THE DISPOSITION OF WHICH IS NOT OTHERWISE SPECIALLY PROVIDED FOR BY LAW (PARAGRAPH 1315 OF THE BOOK OF INSTRUCTIONS TO OFFICIALS IN ALASKA, DATED JULY 1, 1911).

YOUR DECISION IS RESPECTFULLY REQUESTED WHETHER SUCH SALARIES, WHICH ARE PAID BY THE CLERK OF THE COURT UPON THE ORDER OF THE JUDGE, FROM SAID FUND, ARE SUBJECT TO THE 8 1/3 PERCENT DEDUCTION UNDER THE PROVISIONS OF THE ECONOMY ACT, APPROVED JUNE 30, 1932.

SECTION 7 OF THE ACT OF MARCH 3, 1909, 35 STAT. 840, PROVIDES:

* * * HE SHALL ALSO COLLECT AND RECEIVE ALL MONEYS ARISING FROM THE FEES OF HIS OFFICE, FROM LICENSES, FINES, FORFEITURES, JUDGMENTS, OR ON ANY OTHER ACCOUNT AUTHORIZED BY LAW TO BE PAID TO OR COLLECTED BY HIM, AND SHALL APPLY THE SAME, EXCEPT THE MONEY DERIVED FROM LICENSES, TO THE INCIDENTAL EXPENSES OF THE PROPER DIVISION OF THE DISTRICT COURT AND THE ALLOWANCE THEREOF AS DIRECTED IN WRITTEN ORDERS, DULY MADE AND SIGNED BY THE JUDGE, AND SHALL ACCOUNT FOR THE SAME IN DETAIL, AND FOR ANY BALANCES ON ACCOUNT THEREOF, UNDER OATH, QUARTERLY, OR MORE FREQUENTLY IF REQUIRED, TO THE COURT, THE ATTORNEY GENERAL, AND THE SECRETARY OF THE TREASURY: PROVIDED, THAT MONEYS ACCRUING FROM VIOLATIONS OF THE CUSTOMS LAWS, CIVIL CUSTOMS CASES, OR INTERNAL REVENUE CASES, MONEYS, NOT INCLUDING COSTS, ACCRUING FROM CIVIL POST OFFICE SUITS, FINES IN CRIMINAL CASES FOR VIOLATIONS OF THE POSTAL LAWS, THE NET PROCEEDS OF SALES OF PUBLIC PROPERTY UNDER SECTION THIRTY-SIX HUNDRED AND EIGHTEEN, REVISED STATUTES, AS AMENDED, AND ANY OTHER MONEYS THE DISPOSITION OF WHICH IS OTHERWISE SPECIALLY PROVIDED FOR BY LAW, SHALL NOT BE AVAILABLE FOR THE EXPENSES OF THE COURT, BUT SHALL BE PAID OVER OR DEPOSITED AS PROVIDED BY LAW FOR OTHER DISTRICTS. AND "AFTER ALL PAYMENTS ORDERED BY THE JUDGE SHALL HAVE BEEN MADE, ANY BALANCES REMAINING IN THE HANDS OF THE CLERK SHALL BE BY HIM DEPOSITED TO THE CREDIT OF THE UNITED STATES AND BE COVERED INTO THE TREASURY OF THE UNITED STATES AT SUCH TIMES AND UNDER SUCH RULES AND REGULATIONS AS THE SECRETARY OF THE TREASURY MAY PRESCRIBE. THE CLERK SHALL BE EX OFFICIO RECORDER OF INSTRUMENTS AS HEREINAFTER PROVIDED AND ALSO REGISTER OF WILLS FOR THE DIVISION, AND SHALL ESTABLISH SECURE OFFICES FOR THE SAFE-KEEPING OF HIS OFFICIAL RECORDS WHERE TERMS OF HIS DIVISION OF THE COURT ARE HELD. HE MAY APPOINT NECESSARY DEPUTIES AND EMPLOY OTHER NECESSARY CLERICAL ASSISTANCE TO AID HIM IN THE EXPEDITIOUS DISCHARGE OF THE DUTIES OF HIS OFFICE, WITH THE APPROVAL AND AT COMPENSATION TO BE FIXED BY THE COURT OR JUDGE, SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL. ANY PERSON SO APPOINTED OR EMPLOYED SHALL BE PAID BY THE CLERK ON THE ORDER OF THE JUDGE, AS OTHER COURT EXPENSES ARE PAID.'

IN INSTRUCTIONS OF JULY 1, 1911, TO OFFICIALS OF ALASKA THE FUNDS, OTHER THAN LICENSE MONEYS, COLLECTED PURSUANT TO THE FOREGOING STATUTE AND AVAILABLE FOR COURT EXPENSES WERE DESIGNATED AS SCHEDULE C FUNDS. THE ACT OF 1909, SUPRA, DIRECTS THAT ANY SURPLUS OF FUNDS AVAILABLE FOR COURT EXPENSES BE COVERED INTO THE TREASURY OF THE UNITED STATES AS MISCELLANEOUS RECEIPTS. ACCORDINGLY, EXCEPT FOR THE PAYMENT OF CERTAIN EXPENSES, SUCH COLLECTIONS WOULD ALL BE DEPOSITED IN THE TREASURY. THE ACTION OF THE CONGRESS IN AUTHORIZING CERTAIN PAYMENTS FROM THE FUNDS SO COLLECTED BEFORE DEPOSITING IN THE TREASURY IS IN THE NATURE OF AN APPROPRIATION THEREOF. UNDER THE CIRCUMSTANCES, AS THE PAYMENT OF SUCH EXPENSES REDUCES THE AMOUNT WHICH WOULD OTHERWISE BE COVERED INTO THE TREASURY, THE EMPLOYEES PAID FROM SCHEDULE C FUNDS MAY BE SAID TO HAVE BEEN PAID FROM THE FEDERAL TREASURY. ACCORDINGLY THE CLERKS OF THE COURTS PAID FROM SCHEDULE C FUNDS ARE SUBJECT TO THE 8 1/3 PERCENT REDUCTION PROVIDED BY SECTION 105 (D) OF THE ECONOMY ACT OF JUNE 30, 1932 (47 STAT. 401).