public money to be available and expended therefor. 62, 74, October, 1893; Cards 53, July, 1894; 295, September, 1894.

452. The appropriation for contingencies of the army is only available for the payment of such expenses, not otherwise provided for, as are necessary, usual or appropriate in connection with the operations of the army,' and cannot therefore be used to provide mere gratuities. Thus held, that as the government was under no legal obligation to pay the burial expenses of a civilian employe in a brigade hospital, such expenses could not legally be paid from the said appropriation. Card 7030, September, 1899.

453. The payment of copyists employed in the bureaus of the War Department out of the appropriation for army contingencies would be an expenditure for clerical compensation and is therefore prohibited by sec. 3682, Rev. Sts. Card 1154, March, 1895.

454. Ield, that expenses incurred in transporting Canadian halfbreed Indians from Montana to Canada would not be a legal charge against the appropriation for contingencies of the army. Card 5816, February, 1899.

455. Recommended, in the absence of any appropriation specifically applicable to the subject, that the amount of the insurance prepaid, by the contractor in England, upon the transportation to this country of an Armstrong gun contracted for by the United States, be refunded out of the appropriation for the contingencies of the army. 53, 80, April, 1892.

456. The deficiency appropriation act of March 3, 1899, contained this provision: "For emergency fund to meet unforeseen contingencies constantly arising, to be expended in the discretion of the President, three million dollars." Held, that this fund was available for expenditure towards the relief of the sufferers from the recent cyclone in Porto Rico. Card 6953, August, 1899.

457. A sum legally payable out of a specific appropriation cannot be transferred to the credit of another appropriation. 36, 265, November, 1899. But this rule does not affect the proper disbursement of the sum appropriated. Thus where, in the Military Academy Appropriation Act, a certain amount was appropriated for models of guns and car

'The words "contingent expenses" as employed in acts making appropriations mean such incidental, casual, and unforeseen expenses as are necessary, usual, or appropriate to the object for which the principal appropriation is made; and there is no discretion conferred upon heads of Departments to use such appropriations for other purposes. 4 Comp. Dec., 287; 5 id., 151. Under sec. 3683, Rev. Sts., the expenditure from such appropriations must be authorized by the head of the Department prior to incurring the expenses. 1 Comp. Dec., 566; 2 id., 1. An appropriation will not be construed as for “contingent expenses" unless so designated. 5id., 7. 2Concurred in by the Comptroller of the Treasury under date of Aug. 31, 1899. 6 Comp. Dec., 177.

riages, held that the Secretary of War was authorized to transfer this amount for disbursement to the disbursing officer at Watervliet Arsenal where the models were to be manufactured, instead of leaving the disbursement to the disbursing officer at West Point. 60, 498, July, 1893. 458. Where it was proposed to transfer to the Quartermaster Department of the Army five mules purchased from an appropriation for river and harbor improvements, held, that such a transfer would not be a sale and could legally be made.1 Card 3679, January, 1898. 459. Where legitimate accounts were presented to the War Department which would properly be payable out of an appropriation which had been fully expended, held that the same should be transmitted to the Treasury Department as "claims to be certified to be due by the accounting officers under appropriations the balances of which have been exhausted or carried to the surplus fund, %% and certified to Congress," as indicated in s. 3, act of July 7, 1884, c. 334. They could then be appropriated for in a deficiency act and thus paid. 62, 389, November, 1893.

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460. Where the payment of the extra-duty pay to enlisted men, authorized by Sec. 1287, Rev. Sts., was omitted to be appropriated for in a certain fiscal year, advised that the services of the men be accepted under the express understanding that their payment depended upon Congress, and that their rendition of the service would not give them any claim upon the United States, unless Congress should appropriate for such payment. LV, 43, September, 1886.

461. Ield that the provision of the act of March 3, 1893, making appropriation for monuments and tablets at Gettysburg did not repeal or supersede the act of March 3, 1873, donating condemned cannon &c., to the Gettysburg Battlefield Memorial Association. 61, 94, August, 1894.

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462. The appropriation in the Army Appropriation Act of February 27, 1893, for "regular supplies of the quartermaster department, consisting of fuel and lights for enlisted men, guards, hospitals, storehouses and offices, and for sale to officers"-held, so far as concerns lights and officers, to include any such lights or material for lighting as may be saleable to officers, and therefore to be applicable for the production and furnishing of gas, to be paid for by officers at a cost covering expenses. This appropriation for "fuel and lights is first found in the Army Appropriation Act of 1881, and, originating thus recently, may be deemed to contemplate gas as a material for lighting equally with the more primitive methods. 64, 470, May, 1894. 463. The appropriation act for the Military Academy for 1871,

1See pars. 616, 671, A. R. (698, 753 of 1901), and 3 Comp. Dec., 602.

made an appropriation of one thousand dollars as salary of the librarian's assistant, "while the office is held by the present incumbent. After 1871 the words quoted were omitted from the annual appropriation. Held, that, by this omission the restriction was discontinued and that the salary could legally be paid to a person other than the incumbent in 1871, who had recently deceased. 64, 118, March, 1894.

464. In the act making appropriations for the support of the Army for the fiscal year ending June 30, 1884, it was provided "that civilian employes of the Army stationed at military posts may under regulations to be made by the Secretary of War, purchase necessary medical supplies prescribed by a medical officer of the Army at cost with ten per centum added." The next Army Appropriation Act omitted this provision, but it was held that the same, though in the form of a proviso, was in fact general and permanent legislation.' 4, 159, August, 1884. 465. The Sundry Civil Act of July 1, 1898, appropriated a specified amount for lighting 20 arc lights in the Executive Mansion Grounds and Monument Park 365 nights at not exceeding 25 cents per light per night, which amount should cover the entire cost of lighting and maintaining said lights. Held, that the cost of necessary excavations for and extension of underground conduits to carry the current for the new lights would be a proper charge against this appropriation. Card 4641, July, 1898.

466. No part of an appropriation which has been made for the erection of a public building can legally be used in the purchase of furniture therefor, except such in the nature of fixtures as may be considered a part of the building itself and necessary to complete it for the purposes stated in the appropriation act. Card 3944, March, 1899.

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467. There is no authority of law for the expenditure of money by the United States on a roadway over which it has no right of way or easement. Card 2722, November, 1896.

468. The expenditure of an unexpended balance of an appropriation not "made specifically for the service of any fiscal year" (Sec. 3690, Rev. Sts.) is not rendered illegal by the lapse of time. Card 4066, April, 1898.

469. On an application made to the Secretary of War by the commissioners of Sheridan County, Wyoming, for an appropriation from the transportation fund of the army, of $2,000.00, to be expended by said county through the commissioners thereof, to assist individuals in the construction of a wagon road across the Big Horn range of

See Army Appropriation Act for fiscal year ending June 30, 1866 (13 Stat., 497), in which sale of tobacco to enlisted men and sale of stores to officers on credit are similarly authorized; and 14 Opins. At. Gen., 681.

2 See 3 Comp. Dec., 134.

mountains, it appearing that the road would facilitate military operations in that region-held, that a special act of Congress appropriating funds for this work would be necessary, the appropriations of the Quartermaster's Department not being available for the purpose. Card 26, July, 1894.

470. Property can not be leased by the Government unless there has been an appropriation to pay the rental; and where an existing appropriation has been "extended" by Congress such extension would authorize a lease only during the period of the extension. Card 195, August, 1894.

471. The act of Congress of March 3, 1897, making appropriations for fortifications, &c., contained an appropriation of $75,000.00 "for construction of a riprap wall for protection of United States lands at Sandy Hook, New Jersey." Held, that under Sec. 355, Rev. Sts., the expenditure of this appropriation could not legally be made before jurisdiction over said lands had been ceded by the State of New Jersey to the United States. Card 3066, April, 1897.

472. Sec. 3678, R. S., prohibits the use of money for any purpose other than that for which it was appropriated. Card 3721, November, 1897. Thus held that the expense of fencing a tract of land, the property of the United States, intended for fortification purposes, would not be a legal charge against the appropriation for river and harbor improvements. Card 726, January, 1895. Also where a specified amount was appropriated for "shelling or otherwise improving to completion," a specified road, between two places named, held, that the appropriation could not legally be applied to the construction of an entirely different road from that referred to and contemplated by the act. Card 3635, November, 1897.

473. In the Army Appropriation Act of February 27, 1893, continued by joint resolution of June 29, 1894, under the head, army transportation, money was expressly appropriated for constructing roads and wharves. Held, therefore, that the expense of repairing a crib dock and approach thereto belonging to the Government on the Fort Wayne Military Reservation, and used for military purposes, would be a proper charge against the said appropriation for army transportation. Card 70, July, 1894.

474. The Army Appropriation Act, approved August 6, 1894, fixed the number of clerks and messengers to be employed in a number of given offices, appropriated for their payment and provided that they were to be employed and apportioned to the several headquarters and stations by the Secretary of War. The number was 125 clerks and 45 messengers. Two clerks in excess of the authorized number were

employed for a short time. Held, that the act appropriating salaries for the 125 clerks amounted to a provision of law that no more than that number should be employed on the work specified in the act, and hence prohibited the employment or payment of the two extra clerks. Card 295. September, 1894.

475. Where the United States owns and has exclusive jurisdiction overa military reservation, subject to a right of way through the same of a public highway-held, that the expense of repairing such highway would be a legal charge against the funds pertaining to the general appropriation for army transportation of the Quartermaster's Department, provided the repair would be useful for military purposes. Card 3683. Card 3683. November, 1897.

476. Held, that telegrams sent and received by those engaged in recruiting organizations of the volunteer army of the United States, and which related to such recruiting, are official and may be paid for as telegrams sent and received in carrying on such official business of the Government, out of the appropriation in the Quartermaster's Department made for that purpose, and at the rates fixed for other official telegrams. Card 4670, July, 1898.

477. Held, that telegrams containing applications for leaves of absence, for extension of same and inquiries as to whether they have been granted, independently of any regulation on the subject, are not "telegrams on official business" within the meaning of the act making an appropriation for payment of "cost of telegrams on official business," and can not therefore be paid for from that appropriation.' Card 6935, September, 1899.

478. Held, that the act of Congress making an appropriation for the "relief of the people of Alaska" and providing that the supplies should be purchased and the relief furnished under the direction of the War Department did not authorize the use of the appropriation to reimburse private parties for relief furnished by them prior to the passage of the

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Referring to this case the Comptroller under date of October 27, 1899, said (6 Comp. Dec., 422): 'It requires no argument to show that leaves are granted for the benefit of the persons and that any cost relating thereto should not be borne by the United States. I have to advise * * * that said telegrams should not be paid for by the United States."

Where a Brigade Surgeon, U. S. V., in charge of a hospital at Philadelphia, Pennsylvania, sent certain telegrams with a view to obtaining leaves of absence for officers in said hospital who were convalescent to enable them to go to their homes and thus relieve the hospital of their care and enable it to retain accommodations for others of the sick who might be sent there for treatment, the Secretary of War, under date of November 17, 1899, said: "The sending of such telegrams under the circumstances is viewed as not only an official act performed in pursuance of duty but as also in the interests of the military service, and is not regarded as subject to the provisions of Par. 1209, A. R., which are held as applying to applications for personal leaves and therefore does not come within the scope of the opinion of the Comptroller of the Treasury and the Judge-Advocate General of the Army."