A-5216, NOVEMBER 25, 1924, 4 COMP. GEN. 476

A-5216: Nov 25, 1924

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GENERAL AN APPROPRIATION FOR A SPECIFIC PURPOSE IS EXCLUSIVE OF OTHER APPROPRIATIONS IN GENERAL TERMS WHICH MIGHT BE APPLICABLE IN THE ABSENCE OF THE SPECIFIC APPROPRIATION. IS A SPECIFIC APPROPRIATION FOR EXPENSES OF REPAIRING THE UNITED STATES COURTHOUSE AND JAIL AT NOME. " ARE AVAILABLE FOR THE EXPENSE OF REPAIRING THE UNITED STATES COURTHOUSE AND JAIL AT NOME. SINCE THERE IS INSUFFICIENT MONEY TO MEET THE EXPENSE IN FUND "C. " WHICH IS UNDERSTOOD TO BE THE MONEYS DERIVED FROM VARIOUS SOURCES AND AVAILABLE FOR EXPENDITURE AS PROVIDED IN SECTION 3 OF THE ACT OF MARCH 3. THE SECRETARY OF THE TREASURY * * * AND "AFTER ALL PAYMENTS ORDERED BY THE JUDGE SHALL HAVE BEEN MADE. AS OTHER COURT EXPENSES ARE PAID.'.

A-5216, NOVEMBER 25, 1924, 4 COMP. GEN. 476

APPROPRIATIONS - SPECIFIC V. GENERAL AN APPROPRIATION FOR A SPECIFIC PURPOSE IS EXCLUSIVE OF OTHER APPROPRIATIONS IN GENERAL TERMS WHICH MIGHT BE APPLICABLE IN THE ABSENCE OF THE SPECIFIC APPROPRIATION. FUND "C" AUTHORIZED BY SECTION 3 OF THE ACT OF MARCH 3, 1909, 35 STAT. 840, IS A SPECIFIC APPROPRIATION FOR EXPENSES OF REPAIRING THE UNITED STATES COURTHOUSE AND JAIL AT NOME, ALASKA, AND NEITHER OF THE APPROPRIATIONS "MISCELLANEOUS EXPENSES, U.S. COURTS, 1925," AND "SUPPORT OF PRISONERS, U.S. COURTS, 1925," ACT OF MAY 28, 1924, 43 STAT. 221, 223, MAY BE USED FOR THE PURPOSE.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, NOVEMBER 25, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 12, 1924, REQUESTING DECISION WHETHER THE APPROPRIATIONS "MISCELLANEOUS EXPENSES, U.S. COURTS," AND "SUPPORT OF PRISONERS, U.S. COURTS," ARE AVAILABLE FOR THE EXPENSE OF REPAIRING THE UNITED STATES COURTHOUSE AND JAIL AT NOME, ALASKA, SINCE THERE IS INSUFFICIENT MONEY TO MEET THE EXPENSE IN FUND "C," WHICH IS UNDERSTOOD TO BE THE MONEYS DERIVED FROM VARIOUS SOURCES AND AVAILABLE FOR EXPENDITURE AS PROVIDED IN SECTION 3 OF THE ACT OF MARCH 3, 1909, 35 STAT. 840, AND WHICH WOULD OTHERWISE BE CHARGED WITH THE EXPENSE IN QUESTION.

THE ACT OF MARCH 3, 1909, SUPRA, SPECIFIES THE DUTIES OF THE CLERK OF THE DIVISION OF THE COURT AND PROVIDES THAT---

* * * 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 * * * 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 * * * 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 OF 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.'

THE ACT OF JUNE 6, 1900, 31 STAT. 321, WAS AN ACT TO ESTABLISH A CIVIL GOVERNMENT FOR ALASKA. SECTION 31 OF THE ACT, PAGE 332, PROVIDES:

* * * ANY DIVISION OF THE COURT MAY, WHERE NECESSARY, ORDER THE CONSTRUCTION OR REPAIR OF A JAIL BUILDING AT THE PLACE OR PLACES WHERE TERMS OF THE COURT ARE HELD, AT A COST NOT TO EXCEED THREE THOUSAND DOLLARS FOR EACH BUILDING, THE SAME TO BE PAID BY THE CLERK AS PROVIDED FOR THE PAYMENT OF OTHER ALLOWANCES FOR THE NECESSARY EXPENSES OF THE COURT; * * *.

WHERE A SUITABLE COURT ROOM IS NOT AVAILABLE OR CAN NOT BE OBTAINED AT REASONABLE RENTAL AT THE PLACE OR ANY OF THE PLACES WHERE TERMS OF THE COURT ARE HELD, THE COURT MAY * * * DIRECT THE CONSTRUCTION OF A SUITABLE BUILDING WHERE THE SESSIONS OF THE COURT MAY BE HELD, THE COST OF SUCH BUILDING NOT TO EXCEED IN ANY CASE THE SUM OF FIVE THOUSAND DOLLARS, THE SAME TO BE PAID * * * AS IN THE CASE OF THE * * * CONSTRUCTION OF JAIL, AS HEREINBEFORE PROVIDED: PROVIDED, NO COURT BUILDING OR JAIL SHALL BE CONSTRUCTED IN ANY DIVISION OF THE DISTRICT WITHOUT AUTHORITY FROM THE ATTORNEY-GENERAL, TO WHOM THE CLERK SHALL FURNISH A VERIFIED ACCOUNT IN DETAIL OF ALL EXPENDITURES MADE BY HIM FOR BUILDINGS, REPAIRS, OR OTHER PURPOSES TOGETHER WITH HIS AUTHORITY FOR EACH PAYMENT MADE.

FROM A CONSIDERATION OF THE PROVISIONS QUOTED FROM THE ACT OF JUNE 6, 1900, IT APPEARS THAT CONGRESS PLACED THE DETERMINATION OF THE NECESSITY FOR COURTHOUSE AND JAILS IN THE DISCRETION OF THE JUDGES OF THE VARIOUS COURTS, SUBJECT TO APPROVAL BY THE ATTORNEY GENERAL AS THE ADMINISTRATIVE OFFICER IN CHARGE OF THE EXPENDITURE OF THE APPROPRIATIONS INVOLVED.

IN THE ACT OF MARCH 3, 1909, SUPRA, IT SEEMS TO HAVE BEEN THE INTENT TO MAKE CERTAIN REVENUES OF THE COURTS AVAILABLE FOR COURT EXPENSES, SUBJECT TO ACCOUNTING REQUIREMENTS AS SPECIFIED IN THE ACT. THIS VIRTUALLY AMOUNTED TO AN APPROPRIATION OF SAID REVENUES FOR NECESSARY COURT EXPENSES.

THE ORDINARY RULE IS THAT AN APPROPRIATION FOR A SPECIFIC PURPOSE IS EXCLUSIVE OF OTHER APPROPRIATIONS IN GENERAL TERMS WHICH MIGHT BE AVAILABLE IN THE ABSENCE OF THE SPECIFIC APPROPRIATION.

THE APPROPRIATION "MISCELLANEOUS EXPENSES, U.S. COURTS, 1925," 43 STAT. 221, PROVIDES:

FOR SUCH MISCELLANEOUS EXPENSES AS MAY BE AUTHORIZED OR APPROVED BY THE ATTORNEY GENERAL, FOR THE UNITED STATES COURTS AND THEIR OFFICERS, INCLUDING SO MUCH AS MAY BE NECESSARY IN THE DISCRETION OF THE ATTORNEY GENERAL FOR SUCH EXPENSES IN THE DISTRICT OF ALASKA, * * *.

THE APPROPRIATION "SUPPORT OF PRISONERS, U.S. COURTS, 1925," 43 STAT. 223, PROVIDES:

* * * AND NOT EXCEEDING $2,500 FOR REPAIRS, BETTERMENTS, AND IMPROVEMENTS OF UNITED STATES JAILS, * * *.

THE APPROPRIATION FOR MISCELLANEOUS EXPENSES OF COURTS RELATES TO EXPENSES OF COURTS AS COURTS AND NOT TO REPAIRS OF BUILDINGS OCCUPIED BY THE COURT.

THE APPROPRIATION FOR SUPPORT OF PRISONERS PROVIDES FOR REPAIRS OF JAILS GENERALLY AND WOULD INCLUDE ALASKA IF NOT OTHERWISE PROVIDED FOR. THE PRIMARY FUND CHARGEABLE WITH REPAIRS OF JAILS IN ALASKA IS THE MONEYS COLLECTED UNDER THE PROVISIONS OF THE ACT OF 1909. THIS IS IN THE NATURE OF A SPECIFIC APPROPRIATION WHICH OPERATES TO EXCLUDE USE OF THE GENERAL APPROPRIATION.

THE USES OF THE TWO APPROPRIATIONS IN QUESTION ARE NOT AUTHORIZED FOR REPAIRS OF JAILS IN ALASKA.