B-110439, JULY 2, 1952, 32 COMP. GEN. 11

B-110439: Jul 2, 1952

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A $250 PER ANNUM LIMITATION ON THE COMPENSATION OF DISTRICT OF COLUMBIA JURY COMMISSIONERS WHICH WAS INCLUDED IN VARIOUS FISCAL YEAR APPROPRIATIONS PROVIDING FOR FEES OF JURORS BUT WHICH WAS OMITTED FROM THE APPROPRIATION. MUST BE CONSTRUED AS TEMPORARY LEGISLATION HAVING NO FORCE OR EFFECT AFTER THE EXPIRATION OF THE FISCAL YEAR FOR WHICH THE APPROPRIATION WAS MADE. JURY COMMISSIONERS' FEES IN EXCESS OF THE $250 LIMITATION MAY BE PAID FROM THE 1952 APPROPRIATION EVEN THOUGH THE LIMITATION IS CARRIED IN THE CURRENT EDITION OF THE CODE OF THE DISTRICT OF COLUMBIA. 1952: REFERENCE IS MADE TO LETTER DATED JUNE 24. WILL RESULT IN EACH OF THE COMMISSIONERS RECEIVING COMPENSATION IN EXCESS OF $250 FOR SERVICES RENDERED DURING SAID FISCAL YEAR BUT WILL NOT REPRESENT COMPENSATION FOR MORE THAN FIVE DAYS IN ANY ONE MONTH.

B-110439, JULY 2, 1952, 32 COMP. GEN. 11

STATUTORY CONSTRUCTION - PERMANENCY OF APPROPRIATION LIMITATIONS - EFFECT OF CODE PROVISIONS, NOTES, ETC. A $250 PER ANNUM LIMITATION ON THE COMPENSATION OF DISTRICT OF COLUMBIA JURY COMMISSIONERS WHICH WAS INCLUDED IN VARIOUS FISCAL YEAR APPROPRIATIONS PROVIDING FOR FEES OF JURORS BUT WHICH WAS OMITTED FROM THE APPROPRIATION," FEES OF JURORS" IN THE JUDICIARY APPROPRIATION ACT OF 1952, MUST BE CONSTRUED AS TEMPORARY LEGISLATION HAVING NO FORCE OR EFFECT AFTER THE EXPIRATION OF THE FISCAL YEAR FOR WHICH THE APPROPRIATION WAS MADE, AND THEREFORE, JURY COMMISSIONERS' FEES IN EXCESS OF THE $250 LIMITATION MAY BE PAID FROM THE 1952 APPROPRIATION EVEN THOUGH THE LIMITATION IS CARRIED IN THE CURRENT EDITION OF THE CODE OF THE DISTRICT OF COLUMBIA.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, JULY 2, 1952:

REFERENCE IS MADE TO LETTER DATED JUNE 24, 1952, FROM THE ACTING DIRECTOR, REQUESTING A DECISION WHETHER THE THREE VOUCHERS TRANSMITTED THEREWITH MAY BE APPROVED FOR PAYMENT. EACH OF THE VOUCHERS REPRESENTS COMPENSATION FOR ONE OF THE THREE JURY COMMISSIONERS FOR THE DISTRICT OF COLUMBIA FOR ACTUAL SERVICES RENDERED DURING THE FISCAL YEAR 1952 WHICH, IF PAID, WILL RESULT IN EACH OF THE COMMISSIONERS RECEIVING COMPENSATION IN EXCESS OF $250 FOR SERVICES RENDERED DURING SAID FISCAL YEAR BUT WILL NOT REPRESENT COMPENSATION FOR MORE THAN FIVE DAYS IN ANY ONE MONTH.

IT IS STATED THAT THE THREE JURY COMMISSIONERS IN THE DISTRICT OF COLUMBIA ARE COMPENSATED PURSUANT TO THE PROVISIONS OF TITLE 11, SECTION 1401, OF THE DISTRICT OF COLUMBIA CODE, SAID PROVISIONS OF THE 1951 EDITION READING AS FOLLOWS:

THE COMPENSATION OF SAID JURY COMMISSIONERS SHALL BE $10 EACH PER DAY FOR EACH DAY OR FRACTION OF A DAY WHEN THEY ARE ACTUALLY ENGAGED IN THE PERFORMANCE OF THEIR DUTIES, NOT TO EXCEED FIVE DAYS IN ANY ONE MONTH (NOT TWO HUNDRED FIFTY DOLLARS PER ANNUM).

THE $250 PER ANNUM LIMITATION APPEARING IN THE CODE, SUPRA, IS NOT CONTAINED IN THE STATUTE FROM WHICH THE CODE PROVISION IS DERIVED, NOR IN ANY OTHER STATUTE CURRENTLY IN EFFECT, AND THE QUESTION PRESENTED IS WHETHER THE SAID LIMITATION CONTAINED IN THE CURRENT EDITION OF ITS CODE IS TO BE GIVEN ANY EFFECT.

THE CODE FOR THE DISTRICT OF COLUMBIA FIRST WAS ENACTED BY THE ACT OF MARCH 3, 1901, 31 STAT. 1189, AS A PART OF THE STATUTES AT LARGE. THAT ACT, EITHER BY REFERENCE OR INCORPORATION, CONTAINED ALL LAW APPLICABLE TO THE DISTRICT OF COLUMBIA AT THAT TIME. SUBSEQUENTLY, SECTION 2 OF THE ACT OF MAY 29, 1928, 45 STAT. 1007, AS AMENDED BY THE JOINT RESOLUTION OF MARCH 2, 1929, 45 STAT. 1541, AUTHORIZED A CONSOLIDATION AND CODIFICATION OF THE LAWS, GENERAL AND PERMANENT IN THEIR NATURE, RELATING TO AND IN FORCE IN THE DISTRICT OF COLUMBIA TO BE DESIGNATED AS " THE CODE OF THE DISTRICT OF COLUMBIA," AND TO BE PUBLISHED NOT OFTENER THAN ONCE IN EACH FIVE YEARS. SECTION 4 (B) OF THE ACT, AS AMENDED, 45 STAT. 1541 (1 U.S.C. 54B, 49 D.C. CODE 102), PROVIDES, IN SUBSTANCE, THAT THE MATTERS SET FORTH IN THE EDITION OF THE CODE AND THE SUPPLEMENT THERETO CURRENT AT ANY TIME SHALL ESTABLISH PRIMA FACIE THE LAWS GENERAL AND PERMANENT IN THEIR NATURE RELATING TO OR IN FORCE IN THE DISTRICT OF COLUMBIA.

SECTION 198 OF THE CODE OF LAWS FOR THE DISTRICT OF COLUMBIA, AS ENACTED BY THE ACT OF MARCH 3, 1901, ABOVE, AS AMENDED BY THE ACT OF APRIL 19, 1920, 41 STAT. 558, ESTABLISHING A JURY COMMISSION FOR THE DISTRICT OF COLUMBIA, DOES NOT CONTAIN ANY PER ANNUM RESTRICTION UPON THE COMPENSATION FOR A JURY COMMISSIONER. THE RESTRICTION FIRST WAS ENACTED AS A PROVISO IN THE APPROPRIATION," SALARIES AND EXPENSES OF BAILIFFS, AND SO FORTH," IN THE DEPARTMENT OF JUSTICE APPROPRIATION ACT, 1940, 53 STAT. 905. THE PROVISO IS TO THE EFFECT THAT THE COMPENSATION OF JURY COMMISSIONERS FOR THE DISTRICT OF COLUMBIA SHALL CONFORM WITH THE PROVISIONS OF TITLE 18, CHAPTER 10, SECTION 341, OF THE CODE OF THE DISTRICT OF COLUMBIA (NOW 11 D.C. CODE 1401), BUT THAT "SUCH COMPENSATION SHALL NOT EXCEED $250 PER ANNUM.' SUBSTANTIALLY SIMILAR PROVISIONS CONTAINING THE RESTRICTION ARE IN SUBSEQUENT FISCAL YEAR APPROPRIATIONS, INCLUDING THE 1951 FISCAL YEAR APPROPRIATION," FOR FEES, EXPENSES, AND OTHER COSTS OF JURORS," JUDICIARY APPROPRIATION ACT, 1951, CHAPTER III, TITLE IV, PUBLIC LAW 759. IT WAS OMITTED FROM THE APPROPRIATION," FEES OF JURORS," IN THE JUDICIARY APPROPRIATION ACT, 1952, 65 STAT. 596, FROM WHICH IT IS PROPOSED TO PAY THE VOUCHERS. SUCH APPROPRIATION PROVIDES THAT THE COMPENSATION OF SUCH JURY COMMISSIONERS "SHALL CONFORM TO THE PROVISIONS OF SECTION 1401, TITLE 11, OF THE DISTRICT OF COLUMBIA CODE.'

THE SUBSTANTIVE MATTER CONTAINED IN 11 D.C. CODE 1401, INCLUDES THE PROVISIONS OF SECTION 198 OF THE CODE OF LAW FOR THE DISTRICT OF COLUMBIA PLUS THE PER ANNUM COMPENSATION RESTRICTION CONTAINED IN THE VARIOUS APPROPRIATION ACTS.

IT IS THE GENERAL RULE THAT A PROVISION CONTAINED IN AN ANNUAL APPROPRIATION ACT MAY NOT BE CONSTRUED TO BE PERMANENT LEGISLATION UNLESS THE LANGUAGE USED THEREIN OR THE NATURE OF THE PROVISION RENDERS IT CLEAR THAT SUCH WAS THE INTENTION OF THE CONGRESS. 24 COMP. GEN. 436. USUALLY WHEN WORDS INDICATING FUTURITY ARE USED, SUCH AS THE WORD "HEREAFTER," OR WHEN THE PROVISIONS ARE OF A GENERAL CHARACTER BEARING NO RELATION TO THE OBJECT OF THE APPROPRIATION, THE PROVISION MAY BE CONSTRUED AS PERMANENT LEGISLATION. 5 COMP. GEN. 810; 10 ID. 120; 24 ID. 436. IN THE INSTANT CASE NO WORDS OF FUTURITY ARE USED IN THE APPROPRIATION RESTRICTION AND THE PROVISION WHICH AFFECTS THE PER ANNUM COMPENSATION OF A JURY COMMISSIONER OF THE DISTRICT OF COLUMBIA IS TOO CLOSELY CONNECTED WITH THE OBJECT OF THE APPROPRIATION TO TAKE IT OUT OF THE GENERAL RULE. FURTHERMORE, THE FACT THAT THE PROVISION WAS REPEATED IN SUBSEQUENT APPROPRIATION ACTS INDICATES THAT THE PROVISION WAS NOT CONSIDERED BY THE CONGRESS TO BE PERMANENT LEGISLATION. 5 COMP. GEN. 810; 10 ID. 120.

ACCORDINGLY, THE PROVISION RESTRICTING THE PER ANNUM COMPENSATION MUST BE CONSTRUED AS TEMPORARY, AND AS HAVING NO FORCE OR EFFECT AFTER THE EXPIRATION OF THE FISCAL YEAR FOR WHICH THE APPROPRIATION WAS MADE REGARDLESS OF THE FACT THAT IT IS CARRIED IN THE CURRENT EDITION OF THE CODE OF THE DISTRICT OF COLUMBIA. SINCE THE APPROPRIATION FROM WHICH IT IS PROPOSED TO PAY THE VOUCHERS DOES NOT CONTAIN THE $250 PER ANNUM RESTRICTION, THE VOUCHERS MAY BE APPROVED FOR PAYMENT, IF OTHERWISE PROPER, WITHOUT REGARD TO THE CODE PROVISION LIMITING THE PER ANNUM COMPENSATION.