A-7035, JANUARY 3, 1925, 4 COMP. GEN. 582

A-7035: Jan 3, 1925

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1925: I HAVE YOUR LETTER OF DECEMBER 6. THE RATE OF PAY OF HEADQUARTERS MESSENGERS WAS FIXED AT $720 PER ANNUM IN THE ANNUAL APPROPRIATION ACTS UNDER THE HEADING "PAY AND SO FORTH OF THE ARMY.'. THE MINIMUM AND MAXIMUM RATES OF PAY OF SUPERINTENDENTS OF NATIONAL CEMETERIES WERE FIXED BY SECTION 4875. TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA THE FOLLOWING SUMS ARE APPROPRIATED. THE SCHEDULE OF SALARIES PROVIDED IN THE CLASSIFICATION ACT OF 1923 WAS MADE APPLICABLE ONLY TO PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. DO NOT HAVE THE EFFECT OF EXTENDING THE PROVISIONS OF THE CLASSIFICATION ACT ABSOLUTELY AND PERMANENTLY TO THE FIELD FORCE.

A-7035, JANUARY 3, 1925, 4 COMP. GEN. 582

CLASSIFICATION OF CIVILIAN EMPLOYEES - FIELD SERVICE - RETROACTIVE ADJUSTMENT OF COMPENSATION RATES THE RATES OF PAY, SPECIFICALLY FIXED BY OTHER LAW, OF CIVILIAN EMPLOYEES HOLDING THE POSITIONS OF HEADQUARTERS MESSENGER AND SUPERINTENDENT OF NATIONAL CEMETERIES IN THE FIELD SERVICE OF THE WAR DEPARTMENT, MAY BE ADJUSTED RETROACTIVELY TO JULY 1, 1924, IN ACCORDANCE WITH THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, TO CORRESPOND TO THE RATES OF PAY ESTABLISHED BY THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JANUARY 3, 1925:

I HAVE YOUR LETTER OF DECEMBER 6, 1924, REQUESTING DECISION WHETHER THE RATES OF PAY OF EMPLOYEES HOLDING THE POSITIONS OF HEADQUARTERS MESSENGER AND SUPERINTENDENT OF NATIONAL CEMETERIES IN THE FIELD SERVICE OF THE WAR DEPARTMENT MAY BE ADJUSTED RETROACTIVELY TO JULY 1, 1924, UNDER THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, 43 STAT. 704.

THE RATE OF PAY OF HEADQUARTERS MESSENGERS WAS FIXED AT $720 PER ANNUM IN THE ANNUAL APPROPRIATION ACTS UNDER THE HEADING "PAY AND SO FORTH OF THE ARMY.' SEE ACT OF JUNE 7, 1924, 43 STAT. 482, FOR THE FISCAL YEAR 1925. THE MINIMUM AND MAXIMUM RATES OF PAY OF SUPERINTENDENTS OF NATIONAL CEMETERIES WERE FIXED BY SECTION 4875, REVISED STATUTES.

THE ACT OF DECEMBER 6, 1924, WHICH AS H.R. 9561 PASSED ALL STAGES OF LEGISLATIVE COMPLETION DURING THE LAST SESSION OF CONGRESS WITH THE EXCEPTION OF THE SIGNATURES OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE AND APPROVAL OF THE EXECUTIVE, CONTAINS AN APPROPRIATION ITEM ON PAGE 711,"FINANCE DEPARTMENT: FOR THE PAY OF THE ARMY, $16,680; * * *" AND AN APPROPRIATION ITEM ON PAGE 712,"CEMETERIAL ACTIVITIES, QUARTERMASTER CORPS: * * * FOR PAY OF SUPERINTENDENTS, $19,305 * * *.' THE ACT CONTAINS GENERAL PROVISIONS AS FOLLOWS:

* * * THAT TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA THE FOLLOWING SUMS ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY, NOT OTHERWISE APPROPRIATED, FOR THE SERVICE OF THE FISCAL YEAR ENDING JUNE 30, 1925, NAMELY:

THE APPROPRIATIONS HEREIN MADE MAY BE UTILIZED BY THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ACCOMPLISH THE PURPOSES OF THIS ACT NOTWITHSTANDING THE SPECIFIC RATES OF COMPENSATION AND THE SALARY RESTRICTIONS CONTAINED IN THE REGULAR ANNUAL APPROPRIATION ACTS FOR THE FISCAL YEAR 1925 OR THE SALARY RESTRICTIONS IN OTHER ACTS WHICH LIMIT SALARIES TO RATES IN CONFLICT WITH THE RATES FIXED BY THE CLASSIFICATION ACT OF 1923 FOR THE DEPARTMENTAL SERVICE.

THE SCHEDULE OF SALARIES PROVIDED IN THE CLASSIFICATION ACT OF 1923 WAS MADE APPLICABLE ONLY TO PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. THE QUOTED PROVISIONS OF THE ACT OF DECEMBER 6, 1924, DO NOT HAVE THE EFFECT OF EXTENDING THE PROVISIONS OF THE CLASSIFICATION ACT ABSOLUTELY AND PERMANENTLY TO THE FIELD FORCE, BUT ENABLES, FOR THE FISCAL YEAR 1925 ONLY, THE ADJUSTMENT IN RATES OF COMPENSATION OF EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND TO THE RATES FIXED BY THE CLASSIFICATION ACT SO FAR AS MAY BE PRACTICABLE.

IT WOULD APPEAR THAT THE ADJUSTMENT OF RATES PROVIDED FOR WAS INTENDED TO RELIEVE THE SITUATION IN THE FIELD SERVICE CAUSED BY THE EXPIRATION ON JUNE 30, 1924, OF THE ANNUAL LEGISLATION AUTHORIZING PAYMENT OF THE $240 BONUS TO CIVILIAN EMPLOYEES, PENDING THE ESTABLISHMENT BY LEGISLATIVE ACTION OF RATES OF COMPENSATION FOR THE FIELD SERVICE AS CONTEMPLATED BY SECTION 5 OF THE CLASSIFICATION ACT.

THE ACT SPECIFICALLY FIXES NO EFFECTIVE DATE, BUT IS EXPRESSLY MADE APPLICABLE TO THE FISCAL YEAR 1925, AND THERE CAN BE NO DOUBT THAT THE RATES OF COMPENSATION TO BE FIXED UNDER AUTHORITY THEREOF WERE INTENDED TO APPLY FOR THE ENTIRE FISCAL YEAR. AND THERE WOULD APPEAR TO BE NO REASON WHY EFFECT SHOULD NOT BE GIVEN TO THAT INTENT. THE APPROPRIATION MADE IN THE ACT IS IN EFFECT AN ADDITIONAL APPROPRIATION FOR THE ENTIRE FISCAL YEAR.

ORDINARILY LEGISLATION IS EFFECTIVE ONLY FROM THE DATE OF ITS ENACTMENT UNLESS OTHERWISE EXPRESSLY PROVIDED; BUT HAVING IN MIND THE PURPOSE AND INTENT OF THIS ACT AND THE CIRCUMSTANCES CAUSING ITS FAILURE TO BECOME A LAW PRIOR TO JULY 1, 1924, IT IS BELIEVED THAT THE EXPRESS PROVISION MAKING IT APPLICABLE "FOR THE SERVICE OF THE FISCAL YEAR ENDING JUNE 30, 1925," IS SUFFICIENT TO GIVE EFFECT TO THE SALARY ADJUSTMENT MADE IN PURSUANCE THEREOF FROM JULY 1, 1924.

ACCORDINGLY, YOU ARE AUTHORIZED TO ADJUST THE COMPENSATION OF HEADQUARTERS MESSENGERS AND SUPERINTENDENTS OF NATIONAL CEMETERIES IN ACCORDANCE WITH THE ACT OF DECEMBER 6, 1924, EFFECTIVE FROM JULY 1, 1924, INCLUDING THOSE WHO HAVE BEEN SEPARATED FROM THE SERVICE SINCE JULY 1, 1924.