A-9079, NOVEMBER 30, 1925, 5 COMP. GEN. 392

A-9079: Nov 30, 1925

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PERIODICALS ARE EXPRESSLY APPLICABLE WHERE THEY ARE "FOR USE OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT NOT UNDER AN EXECUTIVE DEPARTMENT. THE USE OF THE APPROPRIATIONS FOR THE JUDICIAL BRANCH IS NOT RESTRICTED THEREBY. " IS AVAILABLE FOR THE PURCHASE OF A CITY DIRECTORY FOR USE IN THE OFFICE OF THE CLERK OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. SHALL NOT BE PURCHASED OR PAID FOR FROM ANY APPROPRIATION MADE FOR CONTINGENT EXPENSES OR FOR ANY SPECIFIC OR GENERAL PURPOSE UNLESS SUCH PURCHASE IS AUTHORIZED AND PAYMENT THEREFOR SPECIFICALLY PROVIDED IN THE LAW GRANTING THE APPROPRIATION. THE QUESTION OF THE APPLICABILITY OF THIS STATUTE TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA WAS CONSIDERED BY THE FORMER COMPTROLLER OF THE TREASURY AND IN 14 COMP.

A-9079, NOVEMBER 30, 1925, 5 COMP. GEN. 392

PURCHASES - CITY DIRECTORIES AS THE RESTRICTIONS OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, UPON THE PURCHASE OF LAW BOOKS, BOOKS OF REFERENCE, AND PERIODICALS ARE EXPRESSLY APPLICABLE WHERE THEY ARE "FOR USE OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT NOT UNDER AN EXECUTIVE DEPARTMENT," AND THE ACT HAS NO TERMS TO EMBRACE THE JUDICIAL BRANCH OF THE GOVERNMENT, THE USE OF THE APPROPRIATIONS FOR THE JUDICIAL BRANCH IS NOT RESTRICTED THEREBY. ACCORDINGLY, THE APPROPRIATION FOR "SALARIES AND EXPENSES OF CLERKS, UNITED STATES COURTS," IS AVAILABLE FOR THE PURCHASE OF A CITY DIRECTORY FOR USE IN THE OFFICE OF THE CLERK OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA, WHEN AUTHORIZED BY THE ATTORNEY GENERAL IN ACCORDANCE WITH THE ACT OF FEBRUARY 26, 1919, 40 STAT. 1182.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, NOVEMBER 30, 1925:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 25, 1925 (FILE JDH 9 X 441), REQUESTING DECISION OF THE QUESTION WHETHER CITY DIRECTORIES MAY BE PURCHASED FOR THE USE OF THE LAW, EQUITY, AND LUNACY DIVISIONS OF THE OFFICE OF THE CLERK OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA.

A CITY DIRECTORY HAS BEEN HERETOFORE CONSIDERED AS A BOOK OF REFERENCE WITHIN THE PURVIEW OF STATUTES PROHIBITING THE PURCHASE OF BOOKS OF REFERENCE WITHOUT SPECIFIC STATUTORY AUTHORITY OR APPROPRIATIONS SPECIFICALLY PROVIDING FOR THE PURCHASE OF BOOKS OF REFERENCE. 6 COMP. DEC. 311; 3 COMP. GEN. 665.

SECTION 3 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, CONTAINS THE FOLLOWING PROVISION:

THAT HEREAFTER LAW BOOKS, BOOKS OF REFERENCE, AND PERIODICALS FOR USE OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT NOT UNDER AN EXECUTIVE DEPARTMENT, AT THE SEAT OF GOVERNMENT, SHALL NOT BE PURCHASED OR PAID FOR FROM ANY APPROPRIATION MADE FOR CONTINGENT EXPENSES OR FOR ANY SPECIFIC OR GENERAL PURPOSE UNLESS SUCH PURCHASE IS AUTHORIZED AND PAYMENT THEREFOR SPECIFICALLY PROVIDED IN THE LAW GRANTING THE APPROPRIATION.

THE QUESTION OF THE APPLICABILITY OF THIS STATUTE TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA WAS CONSIDERED BY THE FORMER COMPTROLLER OF THE TREASURY AND IN 14 COMP. DEC. 562 IT WAS HELD THAT THE SUPREME COURT OF THE DISTRICT OF COLUMBIA WAS NOT A GOVERNMENT ESTABLISHMENT AT THE SEAT OF GOVERNMENT "NOT UNDER AN EXECUTIVE DEPARTMENT" WITHIN THE MEANING OF THE ACT OF MARCH 15, 1898, SUPRA, THE REASON ASSIGNED FOR SUCH CONCLUSION BEING THE OPINION THAT THE WORDS "OTHER GOVERNMENT ESTABLISHMENT NOT UNDER AN EXECUTIVE DEPARTMENT" DID NOT APPLY TO OR INCLUDE THE JUDICIAL BRANCH OF THE GOVERNMENT.

AS THE DIRECTORIES ARE DESIRED FOR USE IN THE OFFICE OF THE CLERK OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA, THE APPROPRIATION TO BE CONSIDERED IS THAT IN THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1030:

FOR SALARIES OF CLERKS OF * * * UNITED STATES DISTRICT COURTS, THEIR DEPUTIES, AND OTHER ASSISTANTS, EXPENSES OF TRAVEL AND SUBSISTENCE, AND OTHER EXPENSES OF CONDUCTING THEIR RESPECTIVE OFFICES, IN ACCORDANCE WITH THE PROVISIONS OF THE ACT APPROVED FEBRUARY 26, 1919, AND THE ACT APPROVED JUNE 1, 1922, * * * $1,758,000: * * *

THE ACT OF FEBRUARY 26, 1919, 40 STAT. 1182, PROVIDES:

SEC. 5. THAT THE NECESSARY OFFICE EXPENSES OF THE CLERKS OF THE DISTRICT COURTS OF THE UNITED STATES SHALL BE ALLOWED WHEN AUTHORIZED BY THE ATTORNEY GENERAL.

SAID ACT OF FEBRUARY 26, 1919, WAS SPECIFICALLY EXTENDED TO THE CLERK OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA BY THE ACT OF MARCH 4, 1921, 41 STAT. 1412. WHILE THE APPROPRIATIONS FOR THE SALARIES OF THE JUDGES AND FOR OTHER EXPENSES OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA ARE CARRIED IN THE APPROPRIATION ACT FOR THE DISTRICT OF COLUMBIA, THE SALARIES AND EXPENSES OF THE CLERK ARE APPROPRIATED FOR IN THE JUDICIAL APPROPRIATIONS IN THE ACT OF FEBRUARY 27, 1925, UNDER THE PROVISION QUOTED, SUPRA.

WITH RESPECT TO THE APPLICATION OF GENERAL LAWS AND ANNUAL APPROPRIATIONS TO THE UNITED STATES COURTS AND OFFICERS BELONGING TO THE JUDICIAL BRANCH OF THE GOVERNMENT, IT WAS STATED BY THE FORMER COMPTROLLER OF THE TREASURY IN 27 COMP. DEC. 113:

GENERAL LAWS AND ANNUAL APPROPRIATION ACTS DISTINGUISH BETWEEN THE DEPARTMENT OF JUSTICE, WHICH IS PART OF THE EXECUTIVE BRANCH OF THE GOVERNMENT, AND UNITED STATES COURTS AND THEIR OFFICERS BELONGING TO THE JUDICIAL BRANCH. HOWEVER, IN THE MATTER OF ADMINISTRATION OF THEIR APPROPRIATIONS AND GENERAL SUPERVISION OF THEIR EXPENDITURES, AND FOR THE PURPOSES OF ADMINISTRATIVE ACCOUNTING, THE COURTS AND THEIR OFFICERS ARE PLACED UNDER THE DEPARTMENT OF JUSTICE.

A PURCHASE MADE OR SERVICE RENDERED FOR AN OFFICIAL OF THE UNITED STATES COURT MAY FAIRLY BE SAID TO BE A PURCHASE OR SERVICE FOR THE DEPARTMENT OF JUSTICE, AND I THINK THAT THE STATUTE WAS INTENDED TO BE SO CONSTRUED. YOU ARE ACCORDINGLY ADVISED THAT IT (SEC. 3709, REVISED STATUTES) IS APPLICABLE TO PURCHASES MADE FOR COURT OFFICIALS OF ARTICLES AUTHORIZED BY THE DEPARTMENT OF JUSTICE UNDER ANY APPROPRIATION ADMINISTERED BY THE DEPARTMENT OF JUSTICE.

THE RULING IN 27 COMP. DEC. 113, IS NOT NECESSARILY IN CONFLICT WITH THE RULING IN 14 COMP. DEC. 562, THE ONE RELATING TO ADMINISTRATIVE PROCEDURE IN THE USE OF JUDICIAL APPROPRIATIONS AND THE OTHER TO THE APPLICATION TO JUDICIAL APPROPRIATIONS OF STATUTORY RESTRICTIONS IMPOSED ON EXECUTIVE DEPARTMENTS AND OTHER GOVERNMENT ESTABLISHMENTS NOT UNDER EXECUTIVE DEPARTMENTS.

THE PLACING UNDER THE ADMINISTRATION OF THE DEPARTMENT OF JUSTICE THE APPROPRIATIONS FOR THE JUDICIAL BRANCH OF THE GOVERNMENT DOES NOT REQUIRE THAT THE USES OF THE APPROPRIATION ARE LIMITED TO SUCH USES AS THE CONGRESS MAY HAVE ONLY PLACED UPON APPROPRIATIONS FOR THE EXECUTIVE BRANCH OF THE GOVERNMENT. GENERAL RESTRICTIVE LEGISLATION IS APPLICABLE TO THE USES OF APPROPRIATIONS OF ALL THE BRANCHES OF THE GOVERNMENT; SO ALSO WHERE THE USE OF AN APPROPRIATION IS NEGATIVED BY AN INTERPRETATION OF THE TERMS OF THE APPROPRIATION, SUCH INTERPRETATION IS APPLICABLE TO AND FOR OBSERVANCE IN THE USE OF APPROPRIATIONS BY ALL BRANCHES OF THE GOVERNMENT. BUT STATUTORY ENACTMENTS WHICH NAME ONLY A PARTICULAR BRANCH OF THE GOVERNMENT ARE NOT NECESSARILY RESTRICTIVE UPON OR AVAILABLE IN THE USES OF APPROPRIATIONS FOR OTHER THAN THE PARTICULAR BRANCH OF THE GOVERNMENT NAMED IN THE ENACTMENT.

THE RESTRICTIONS OF THE ACT OF 1898 UPON THE PURCHASE OF BOOKS AND PERIODICALS ARE EXPRESSLY WHERE THEY ARE "FOR USE OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT NOT UNDER AN EXECUTIVE DEPARTMENT.' THE ENACTMENT CONCERNS THE EXECUTIVE BRANCH OF THE GOVERNMENT, ITS DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS, AND HAS NO TERMS TO EMBRACE THE JUDICIAL BRANCH. THE USE OF THE APPROPRIATIONS FOR THE JUDICIAL BRANCH IS NOT RESTRICTED THEREBY.

ANSWERING YOUR QUESTION SPECIFICALLY, THE APPROPRIATION FOR "SALARIES AND EXPENSES OF CLERKS, UNITED STATES COURTS," IS AVAILABLE FOR THE PURCHASE OF DIRECTORIES IF AND WHEN AUTHORIZED BY YOU IN ACCORDANCE WITH THE ACT OF FEBRUARY 26, 1919, SUPRA. ..END :