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1850, Sept. 28. Pay of Superintendent, Naval Academy.7
And the pay of the superintendent of the naval school at Annapolls shall be at the rate allowed to an officer of his rank, when in service at sea.--(9 Stat. 515, ch. 80.)
EDITORIAL NOTES This provision is embodied in the U.S. Code as sec. 868 of title 34,
This provision was rendered obsolete by an act of June 10, 1922, ch. 212, 42 Stat. 625-633, which abolisbod the distinction betwoon soa duty and shoro duty for pay purposes. In this connection, 900 2 Comp. Gen. 212, Sept. 19, 1922, and Comp. Gen. Doc. B-31305, Feb. 18, 1943.
This provision was not embraced in any section of the Revised Statutes. In this connection, see the Pollowing: sec. 5596, R. S. ; Lemly v. United States, 23 Ct.Cls. 468, 470-471, Nov. 13, 1893; and 6 Comp. Dec. 885, May 19, 1900.
1862, July 16. Conformity of wage rates at navy yards with those of private establishments in vicinity7
That section eight of an act to further promote the efficiency of the navy, approved December twentyfirst, eighteen hundred and sixty-one, be amended so as to read as follows: That the hours of labor and the rate of wages of the employees in the navy yards shall conform, as nearly as is consistent with the public interest, with those of private establishments in the immediate vicinity of the respective yards, to be determined by the commandants of the navy yards, subject to the approval and revision of the Secretary of the Navy.--(12 Stat. 587, ch. 184.)
EDITORIAL NOTES No part of this act was embraced in any section of the Revised Statutes, although portions of sec. 8, of the act of Dec. 21, 1861, ch. 1, 12 Stat. 330, of which it was amendatory, were carried into the revision. In this connection, see sec. 5596, R.S.
make it consistent with the public interest." ( 13 Op. Atty. Gen. 29, 30-31, Apr. 20, 1869. See also 17 Op. Atty. Gen. 341, 344-345, Apr. 29, 1882.)
So much of this act as related to hours of labor of employees in navy yards was superseded by later legislation.
So much of this act as relates to wages of employees in navy yards is erbodied in the U.S. Code as sec. 505 of title 34.
CROSS REFERENCE Pay and number of employees at navy yards and stations: see act of Var. 3, 1909, ch. 255, 35 Stat. 754-755, as amended.
CASE NOTES Scope and operation of statute.- "In my opin| lon, the statute of June 25, 1868, [cn. 72, 15 Stat. 77,7 has nothing to do with the compensation to be paid to workmen in the navy-yards, and learn that to be determined under the provisions of the act of July 16, 1862. The provision that eight hours shall constitute a day's labor has no tendency whatever to show whether the day's labor thus established shall be paid at a lower or higher rate than the day of ten hours labor, or at the same rate. The rate of compensation is still left by law to be determined under the rule prescribed by the statute of July 16, 1862, so as to conform, as nearly as is consistent with the public interest, with the rate of wages of private establishments in the immediate vicinity of the respective navy-yards, 'to be determined by the commandants of the navy-yards, subject to the approval and revision of the Secretary of the Navy.' If the private establishments in the neighborhood employed their hands for five hours a day only, there vould, obviously, be no justice in reducing the wages of those employed in the navy-yards for eight hours to the amount paid by the day in private establishments, and the law intended no such result. On the other hand, I find nothing in the statute which requires you to pay the same price for eight hours' labor which private establishments pay for ten or twelve, unless the amount of service rendered or the quality of the work make the power hours in the navyyards equivalent in value to the longer time hired in private establishments, or, for some other reason,
"In the first place, there is a serious doubt whether the powder factory may be considered as a 'navy yard,' and whether the salary or compensation of the two scientists considered in the decision of November 20, 1926, may be considered as 'wages of employees' within the meaning of the quoted statute. But, be that as it may, there appears nothing in the provision in question tending to indicate that the authority thus vested in the Secretary of the Navy is not subject to general statutory restrictions governing the payment of compensation to civil employees, such as are imposed by sections 1764 and 1765, Revised Statutes, the act of July 31, 1894, 28 Stat. 205, and the act of May 10, 1916, 39 Stat. 120, as amended by the act of August 26, 1915, 39 Stát. 582, considered in the prior decision, prohibiting payment of additional compensation and limiting the payment of compensation to one person holding two positions. The authority thus vested in the Secretary of the Navy is clearly subject to those statutes as well as to any other statutory provision generally applicable to the payment of compensation to civil employees from appropriated funds, such as section 3 of the act of March 2, 1926, and section 3 of the act of January 26, 1927, supra. There is no difference in this regard in the authority of the Secretary of the Navy and that vested in the head of any other department or establishment of the Government under an authorization to fix rates of compensation of employees. The act of 1862 was simply for the purpose of maintaining a schedule of wages for navy-yard employees comparable with that paid in private establishments in the immediate vicinity, and could not be construed as removing or rendering inoperative the statutory restrittions or limitations, not clearly inconsistent therewith, governing the payment of compensation of Government employees. The necessity of fixing the rates of pay of navy-yard employees in accordance with the prevailing rates in the vicinity can not operate to authorize disregarding other statutory provisions clearly applicable to the payment of compensation of civil employees, including the statutory provision here under consideration, requiring the determined value of allowances furnished in kind to be congidered as a part of compensation and included in the total rate fixed for the position." (6 Comp. Gon. 588, 591, Mar. 17, 1927.)
"The annual schedule of wages for civil employees in the Naval Establishment is promulgated under authority contained in the act of July 16, 1862, 12 Stat. 587, the act of March 3, 1909, 35 Stat. 754, and pursuant to the general administrative authority vested in the Secretary of the Navy to Pix the compensation rates of employees under the Navy Department within available appropriations." (8 Comp. Gen. 574, 575, May 1, 1929. See also ? Comp. Gen. 828, 829, June 27, 1928.)
navy yards, and to forward to the Navy Departmont
"The Act does not prescribe the method by which the rates shall be determined. It has been the departmental practice to have special boards on wages appointed by the commandants of the various navy yards and naval stations, which boards make inquiry of the private establishments in their vicinity and of the wages paid to workmen in the different classes in each trade or occupation similar to those in the
If in the opinion of the Secretary of the Navy the public interest requires that the wages of employees in Groups I, II and III at a particular navy yard be increased above those of private establishments in the immediate vicinity thereof, so that the wages of such employees will be the same as are paid employees in similar groups in another navy yard, he may legally issue an order providing for such increase.
(File NYT/L16-4(390424), June 30, 1939, C.M.O. 1-1939, p. 26.)
(1863, Mar. 3. Pay of commandant, Mare Island Navy Yard.]
That the pay of the officer of the navy assigned to the command of the navy yard at Mare Island, California, shall be the sea pay of his grade.--(12 Stat. 825, Res.No. 25.)
This joint resolution was rendered obsolete by an act of June 10, 1922, ch. 212, 42 Stat. 625-633, which abolished the distinction between sea duty and shore duty for pay purposes.
In this connection, 800 2 Comp. Gen. 212, Sept. 19, 1922; and Comp. Gen. Dec. B31305, Feb. 18, 1943.
This joint resolution was not embraced in any section of the Revised Statutes. In this connection, 8ee the following: sec. 5596, R. S.; Lemly v. United States, 28 Ct.Cls. 468, 470-471, Nov. 13, 1893; and 15 Comp. Dec. 36, July 16, 1908.
1874, June 20. Extra compensation or perquisites.)
Sec. 3. That no civil officer of the Government shall hereafter receive any compensation or perqui sites, directly or indirectly, from the treasury or property of the United States beyond his salary or compensation allowed by law: Provided, That this shall not be construed to prevent the employment and payment by the Department of Justice of district attorneys as now allowed by law for the performance of services not covered by their salaries or fees.--(18 Stat. 109, ch. 328.)
"This secclearly enacts a general stringent rule against any compensation, beyond the salary and fees specifically authorized by law as belonging to the office, and the proviso simply saved from repeal by implication any existing law which allowed the department of justice to pay district attorneys for services not covered by the salary ar fees belonging to the office." (Ruhm v. United States, 66 F. 531, 533, Apr. 10, 1895. See also United States v. Ady, 76 F. 359, 362-363, Sept. 28, 1896.)
"A simple interpretation of the terms of this later statute would lead to the conclusion that it prohibits any civil officer from receiving any compensation other than that provided by law for the oplice which he holds. But no doubt it is subject to precisely the same method of interpretation that has been applied to section 1763, supra, and as it is much less specific in its terms a discussion of them would lead to no useful result." (8 Comp. Dec. 901, 914, June 30, 1902.)
Special legislation.- In passing a special act authorizing lease of land under naval control in Puerto Rico to a naval officer for residence purposes, Congress must be presumed to have had in contemplation this statute and sec. 1765, R.S., and such specific act must be held to show intent to make an exception to the general statutes. (Baker v. United States, 27. F.2d 863, July 30, 1928. I
1874, June 20. Unexpended balances of appropriations.]
Sec. 5. That from and after the first day of July, eighteen hundred and seventy-four, and of each year thereafter, the Secretary of the Treasury shall cause all unexpended balances of appropriations which shall have remained upon the books of the Treasury for two fiscal years to be carried to the surplus fund and covered into the Treasury; Provided, That this provision shall not apply to permanent specific appropriations, appropriations for rivers and harbors, light-houses, fortifications, public buildings, or the pay of the navy and marine corps; but the appropriations named in this proviso shall continue available until otherwise ordered by Congress.--(18 Stat. 110, ch. 328.)
EDITORIAL NOTES This section was amended by act of Mar. 3, 1919, ch. 99, 890. 6, 40 Stat. 1309, which "repealed" this section so far as it excepted appropriations for "fortifications" from the operation thereof.
within such year, the appropriation must be one known as permanent or indefinite." (3 Comp.Dec. 623, 627-628, May 25, 1897. See also ? Comp. Dec. 84, 85, Aug. 11, 1900.)
This section, as amended, is embodied in the U.S. Code as sec. 713 of title 31.
CROSS REFERENCES Availability of appropriations for the construction of public buildings: see act of June 23, 1874, ch. 476, 18 Stat. 275.
Availability of appropriations for orders or contracts placed with Government-owned establisht ments: see act of June 5, 1920, ch. 240, 41 Stat. +75. and act of July 1, 1922, ch. 259, 42 Stat. 812
Availability of appropriations for public works: see act of July 12, 1921, ch, 44, sec. 3, 42 Stat. 139.
Construction of appropriation acts: see act of Aug. 24, 1912, ch. 355, sec. 7, 37 Stat. 487, as amended.
"It has been the policy of Congress for many years, as indicated by general and specific legis lation, to restrict the availability of appropriations to the particular fiscal year for which they are made. (Act of July 12, 1870, 16 Stat., 251, now sec. 3690, Rev. Stat., and act of June 20, 1874, 18 Stat., 110.)
"By the proviso to the act of June 20, 1874 (18 Stat., 110), appropriations for rivers and harbors, light-houses, fortifications, public builuings, and the pay of the Navy and Marine Corps were expressly excepted from this rule and made available until otherwise ordered by Congress. By the act of June 23, 1874 (18 Stat., 275lus the provision relative to public buildings in the foregoing act was modified by providing that appropriations for the construction of public buildings should be available until their completion. Specifio, appropriations are also sometimes made available until expended or by other terms for an indefinite period. And where an appropriation contained in an act making appropriations for a particular fiscal year is made for a specific object which from its nature must necessarily require several years for its completion, it must be presumed that Congress intended that the appropriation should be available until the object for which it is made can be executed. But in view of the general policy of Congress, an appropriation contained in an act making annual appropriations should not be construed to be a permanent appropriation unless the character of the object for which it is made or the language of the appropriation renders it 'clear beyond reasonable doubt that such was the intention of Congress." (7 Comp. Dec. 134, 135, Sept. 15, 1900. See also 10 Comp. Dec. 281, 282-283, Sept. 24, 1903.)
CASE NOTES Purpose of section. - "The mischief intended to be remedied by the surplus fund act of June 20, 1874, was that of permitting appropriations to continue available for the payment of the debts or claims for which they provided for a long period after such appropriations were made, and was intended to fix a definite period within which the appropriations should be used or the unexpended balances carried to the gurplus fund. If the disbursing officers were permitted to retain the funds which are in their hands after the arrival of such period, the object of the law would be to a certain extent defeated, as the funds would continue available for a longer period than was intended." (15 Op. Atty. Gen. 357, 358, Aug. 10, 1877. See also 3 Comp. Dec. 623, 626-627, May 25, 1897.)
Scope and operation of section.- "That Congress at times distinguishes between public buildings and fortifications is clearly seen from section 5 of the act of June 20, 1874 (18 Stat., 110), where in it is provided that the balances of appropriations for 'light-houses, fortifications, public buildings,' among others, shall not be credited to the surplus fund after two years as is provided therein for general appropriations." (3 Comp. Dec. 216, 218, Dec. 8, 1896.)
"I am clearly of the opinion that this act affects all app ropriations not within the exceptions named, and requires that the unexpended balances of such appropriations shall be covered into the Truas. ury after two years, notwithstanding that there may de claims against the appropriations growi out of contracts properly made within the life of the appropriations; indeed I can see no other object in the act than to accomplish this very purpose. While, as argued, section 3690 recognizes the legality of the payment of obligations incurred during the life of the appropriation after the expiration of the time during which such obligations can be legally incurred, and, if it stood alone, would not limit the time of payment, this act does expressly limit the time in which payment can be made, except in the manner provided therein, to two years after the expiration of the time in which the obligation could have been incurred. To make section 3690 controlling would be to make the later statute meaningless.". (8 Comp. Dec. 369, 373-374, Dec. 4, 1901.)
"It is clear
that appropriations to be excepted from the general requirement of being carried to the surplus fund at the end of two years after the year for which they were made must be such as shall have a longer duration specifically assigned to them by law, while in order to use any portion of an appropriation made in an annual act specifically for the service of a particular year, for any purpose other than the payment of expenses properly incurred or in Pulfillment of contracts properly made
"That the word,'
'unexpended, as used in the act of June 20, 1874, supra, must be construed to mean not already applied to payment seems clear from a reading of the context of the act. It has
been argued that the word was intended by Congress sion should, therefore, be constrund in the light to mean not subject to expenditure, or not obligated, of the definite expressions following it.". (17 and hence that a balance of appropriation against Comp.Dec. 780, 789, Apr. 17, 1911.) which there are outstanding claims growing out of of contract is not an unexpended balance within the
"Section 5 of the act of June 20, 1874, 18 meaning of the act; but such a reading would not
Stat., 110, provides that the Secretary of the Treasonly nullify the very object of the act but would ury shall cause all 'unexpended balances' of appromake meaningless a direct provision therein." (8
priations which shall have remained upon the books Comp. Dec. 369, 374, Dec. 4, 1901. See also 22 Comp. of the Treasury two fiscal years to be carried to Gen. 59, 61, July 27, 1942.)
the surplus fund and covered into the Treasu ry.
The section relates to unexpended balances only "The character of the exceptions contained in and does not support the attempted covering in of the proviso indicates that Congress was fully alive any part of these 1919 appropriations which had to the fact that no limit appropriations for rivers been expended prior to June 30, 1921. The covering and harbors, lighthouses, fortifications, public
of balances of appropriations into the Treasury is buildings, and the like to the fiscal year would
a bookkeeping transaction which does not involve render it practically impossible to carry on such the actual placing of money in the Treasury, otherwork with economy or efficiency. The making of such wise the impossibility of covering into the Treasimprovements evolves the acquisition of title to
ury money which had been expended at the time would lands by purchase or condemnation, and the carrying have been apparent." (1 Comp. Gen. 510, 511, Mar. on of work which from its very nature can not be
14, 1922.) completed within definite periods of time; and especially within periods corresponding with the gov
Effect of subsequent legislation.. This secemmental fiscal year. The first exception, 'per- tion was not modified by act of May 21, 920, ch. manent specific appropriations,' was no doubt in
194, sec. 7, 41 Stat. 613. (27 Comp. Dec. 684, Feb. tended to cover cases of appropriations of the same 5, 1921.) general character, which it was impracticable to foresee and designate more definitely. The expres(1874, June 20. First edition of the Revised Statutes.]
Sec. 2. *** and when printed and promulgated as hereinafter provided, the printed volumes shall be legal evidence of the laws and treaties therein contained, in all the courts of the United States, and of the several States and Territories.--(18 Stat. 113, ch. 333.)
Supplement to the Revised Statutes: see act of Apr. 9, 1890, ch. 73, sec. 3, 26 Stat. 50.
EDITORIAL NOTES This provision, which was part of an act relating to the publications of the first edition of the Revised Statutes, was enacted before the en actment of the Revised Statutes.
This provision is summarized in the U.S. Code as a note to sec. 54 of title l.
CASE NOTE Printed publications.- "As to the printed pube lications, the first edition is a transcript of the the original Revised Statutes preserved in the Department of State, and is prima facie evidence thereof. If, however, the correctness of the printed copy is drawn in question, the original is the only conclusive evidence of the exact text of the law." (Wright v. United States, 15 Ct.Cls. 80, 87, Dec. Term, 1879.)
CROSS REFERENCES Second edition of the Revised Statutes: see act of Mar. 2, 1877, ch. 82, sec. 4, 19 Stat. 269, as amended.
T874, June 20. Award of Life-Saving Medal.]
Sec. 7. That the Secretary of the Treasury is hereby directed to cause to be prepared medals of honor, with suitable devices, to be distinguished as life-saving medals of the first and second class, which shall be bestowed upon any persons who shall hereafter endanger their own lives in saving, or endeavouring to save lives from perils of the sea, within the United States, or upon any American vessel: Providea, That the medal of the first class shall be confined to cases of extreme and heroic daring; and that the medal of the second class shall be given in cases not sufficiently distinguished to deserve the medal of the first class: Provided, also, That no award of either medal shall be made to any person until sufficient evidence of his deserving shall have been filed with the Secretary of the Treasury and entered upon the records of the Department.--(18 Stat. 127, ch. 344.)
EDI TORIAL NOTES This section is embodied in the U.S. 193 of title 14.
Sec. 6 of this act provided for the acceptance of services of volunteer crews at any of the lifeboat stations, which volunteers were to receive $10 on every occasion upon which they were instrumental in saving human life, "and such of the medals herein authorized as they may be entitled to".
The following sections were included in an act of June 18, 1878, ch. 265, 20 Stat. 165:
"Sec. 10. That section six of said act of June twentieth, eighteen hundred and seventy-four, is so amended as to extend the compensation of the enrolled members of volunteer crews of life-boat stations therein named to occasions of actual and deserving service at any shipwreck,
"Sec. 12. That the Secretary of the Treasury is hereby authorized to bestow the life saving medal