of any military board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. Section 3, act of March 2, 1901 (31 Stat. L., 951). HOURS OF LABOR IN THE EXECUTIVE DEPARTMENTS. Hours of labor 52. Hereafter it shall be the duty of the heads of the s. 17, v. 30, p. 316. several Executive Departments, in the interest of the public service, to require of all clerks and other employees, of whatever grade or class, in their respective Departments, not less than seven hours of labor each day, except Sundays and days declared public holidays by law or Executive order: Provided, That the heads of the Departments may, by special order, stating the reason, further extend the hours of any clerk or employee in their Departments, respectively; but in case of an extension it shall be without additional compensation.' Section 7, act of March 15, 1898 (30 Stat. L., 316). Monthly re ports. hours of labor. Ibid. 53. Hereafter it shall be the duty of the head of each Extension of Executive Department to require monthly reports to be made to him as to the condition of the public business in the several bureaus or offices of his Department at Washington; and in each case where such reports disclose that the public business is in arrears, the head of the Department in which such arrears exist shall require, as provided herein, an extension of the hours of service to such clerks or employees as may be necessary to bring up such arrears of public business. Ibid. Par. 54. Purchases, how made. CONTINGENT FUNDS. 55. Compensation of employees from, prohibited. 56. Expenditure for newspapers. from contingent funds. Aug. 26, 1842, c. Par. 57. The same. 58. Law books, books of reference, etc. 59. Annual reports. 60. Statement of expenditures. Purchases 54. No part of the contingent fund appropriated to any Department, bureau, or office, shall be applied to the pur202, s. 19, v. 5, p. chase of any articles except such as the head of the DeSec. 3683, R.S. partment shall deem necessary and proper to carry on the 527. This section operates to repeal section 162, Revised Statutes, in respect to the hours of business in the several Executive Departments. It replaces section 4 of the. act of March 3, 1883 (22 Stat. L., 563), in relation to the same subject. This requirement has been held by the Comptroller of the Treasury not to apply to laborers and mechanics whose compensation is not fixed by law or regulations. IV Compt. Dec., 578; see, also, Hurlburt e. U. S., 30 Ct. Cls., 16. 2 For quarterly reports of the condition of business in the several Executive Departments see paragraph 88, post; see, also, paragraph 22, ante. The above enactment replaces section 4 of the act of March 3, 1883 (22 Stat. L., 531), and section 5 of the act of March 3, 1893 (27 ibid., 675), in pari materia. business of the Department, bureau, or office, and shall, by written order, direct to be procured.' 55. No moneys appropriated for contingent, incidental,, Not to be expended for servor miscellaneous purposes shall be expended or paid for ices July 12, 1870, s. official or clerical compensation.* 3, v. 16, p. 250. Sec. 3682, R.S. Expenditure for newspapers. 202, s. 16, v. 5, p. 56. The amount expended in any one year for newspapers, for any Department, except the Department of State, including all the bureaus and offices connected therewith, 626 shall not exceed one hundred dollars. And all newspapers purchased with the public money for the use of either of the Departments must be preserved as files for such Department. 57. No executive officer, other than the heads of Departments, shall apply more than thirty dollars, annually, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office. 3. Sec. 192, R. S. The same. v. Mar. 3, 1839, s. 5, p. 349, Sec. 1779, R.S. Law books, books of refer Mar. 15, 1898, s. 58. Hereafter law books, books of reference, and periodicals for use of any Executive Department, or other ence, etc. Government establishment not under an Executive De- 3, v. 30, p. 316. partment, 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. Section 3, act of March 15, 1898 (30 Stat. L., 316). 1Section 3683, Revised Statutes, requires that the written order therein mentioned shall be given by the head of the Department before the articles to be paid for from the contingent fund are procured, and a subsequent approval is not sufficient. II Compt. Dec., 1. This section applies only to cases where an appropriation is made in a lump sum for "contingent, incidental, or miscellaneous expenses," or under similar words, and where Congress has specifically designated appropriations for enumerated items as being for "contingent, incidental, or miscellaneous expenses." Ibid., 42. When an item is properly payable from an appropriation for contingent expenses, the discretion of the officer charged with the duty of expending said fund is not subject to review by the accounting officers upon any question as to the necessity or advisability of his expenditures. Ibid., 80. XVIII Opin. Att. Gen., 424. 2 Section 3682, Revised Statutes, prohibits, absolutely, the use for official or clerical compensation of any money appropriated for contingent, incidental, or miscellaneous purposes. I Compt. Dec., 392; ibid., 410. "The words "contingent expenses,' as employed in acts making appropriations, mean such incidental, casual, and unforeseen expenses as are necessary and appropriate to the execution of duties required by law in connection with the object for which the appropriation is made. ÎV Compt. Dec., 287. There is no discretion conferred upon heads of Departments to use such appropriations for other purposes. Ibid., 287. The provisions in the act of March 15, 1898, that "hereafter law books, books of reference, and periodicals for the 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" does not apply to those branches of the public service located outside of Washington, nor to the Army, which is not a part of the War Department proper. Ibid., 551. A newspaper is not a periodical within the meaning of the requirement above set forth in the act of March 15, 1898 (30 Stat. L., 316). Ibid., 694. of expenditure funds. 202, s. 20, v. 5, p. 527. Sec. 193, R. S. Annual report 59. The head of each Department shall make an annual of contingent report to Congress, giving a detailed statement of the Aug. 26, 1842, c. manner in which the contingent fund for his Department, and for the bureaus and offices therein, has been expended, giving the names of every person to whom any portion thereof has been paid; and if for anything furnished, the quantity and price; and if for any service rendered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that rendered such service necessary; and the amount of all former appropriations in each case on hand, either in the Treasury or in the hands of any disbursing officer or agent. And he shall require of the disbursing officers, acting under his direction and authority, the return of precise and analytical statements and receipts of all the moneys which may have been from time to time during the next preceding year expended by them, and shall communicate the results of such returns and the sums total, annually, to Congress. When submitted. 19, p. 294. 60. Hereafter a detailed statement of the expenditure Mar. 3, 1877, v. for the preceding year of all sums appropriated for contingent expenses of the independent treasury, or in any Department or bureau of the Government, shall be presented to Congress at the beginning of each regular session. Act of March 3, 1877 (19 Stat. L., 294). REQUISITIONS FOR FUNDS- -WARRANTS Requisitions for advances of funds. Warrants. July 31, 1894, s. ADVANCES. 61. Every requisition for an advance of money,' before being acted on by the Secretary of the Treasury, shall be sent to the proper Auditor for action thereon as required by section twelve of this act." All warrants, when authorized by law and signed by the 11, v. 28, p. 209. Secretary of the Treasury, shall be countersigned by the Comptroller of the Treasury, and all warrants for the payment of money shall be accompanied either by the Auditor's certificate, mentioned in section seven of this act,3 or by the requisition for advance of money, which certificate or requisition shall specify the particular appropriation to which the same should be charged, instead of being specified on the warrant, as now provided by section thirty-six hundred and seventy-five of the Revised Statutes; and 1Section 8 of the act of July 31, 1894 (28 Stat. L., 207), has no application to questions respecting the advance of funds which, under this section, are subject to the decision of the Auditor, with a review by the Secretary of the Treasury. 1 Compt. Dec., 409. 2 Sec. 12, act of July 31, 1894 (28 Stat. L., 209). Sec. 7, ibid., 206. shall also go with the warrant to the Treasurer, who shall return the certificate or requisition to the proper Auditor, with the date and amount of the draft issued indorsed thereon. Requisitions for the payment of money on all audited accounts, or for covering money into the Treasury, shall not hereafter be required. And requisitions for advances of money shall not be countersigned by the Comptroller of the Treasury. Sec. 11, act of July 31, 1894 (28 Stat. L., 209). submitted to 62. All annual estimates for the public service shall be Estimates to be submitted to Congress through the Secretary of the Treas- Congress, ury, and shall be included in the Book of Estimates pre- Mar.10, 1800, c.58, pared under his direction. Sept. 2, 1789, c., 12, s. 2, v. 1, p. 65; v. 2, pp. 79, 80; Jan. 7, 1846, Res. 2, v. 9, p. 108; Aug. 4, 1854, c. 242, s. 15, v. 10, p. 573; May 18, 1865, c. 85, s. 4, v. 14, p. 49; June 20, 1874, c. 328, v. 18, pp. 96, 109, 111; Mar. 3, 1875, c. 129, v. 18, pp. 355, 370; Aug. 15, 1876, c. 289, s. 4, v. p. 200. Sec. 3669, R. S. accompany esti mates. May 1, 1820, c. June 20, 1874, c. 328, v. 18, p. 96. Sec. 3670, R.S. Annual esti1901, s. 5, v. 31, p. mates Mar. 3, 1009. 63. The Secretary of the Treasury shall annex to the Statements to annual estimates of the appropriations required for the public service a statement of the appropriations for the service of the year, which may have been made by former acts. 64. Hereafter it shall be the duty of the heads of the several Executive Departments, and of other officers authorized or required to make estimates, to furnish to the Secretary of the Treasury, on or before the fifteenth day of October of each year, their annual estimates for the public service, to be included in the Book of Estimates prepared by law under his direction, and in case of failure to furnish estimates as herein required it shall be the duty of the Secretary of the Treasury to cause to be prepared in the Treasury Department, on or before the first day of November of each year, estimates for such appropriations as in his judgment shall be requisite in every such case, which estimates shall be included in the Book of Estimates prepared by law under his direction for the consideration of Congress. Sec. 5, act of March 3, 1901 (31 Stat. L., appropriations Icies to be here ted to Congress retary of the Estimates of 65. Hereafter all estimates of appropriations and estiand for deficien- mates of deficiencies in appropriations intended for the after transmit-consideration and seeking the action of any of the committhrough the Sec- tees of Congress shall be transmitted to Congress through Treasury. July the Secretary of the Treasury, and in no other manner; and the said Secretary shall first cause the same to be properly classified, compiled, indexed, and printed, under the supervision of the chief of the division of warrants, estimates, and appropriations of his Department. Sec. 2, act of July 7, 1884 (23 Stat. L., 254). 7, 1884, s. 2, v. 23, p. 254. Amount of outstanding appro designated. 82, s. 2, v. 11, p. 308. 66. The head of each Department, in submitting to Conpriations to be gress his estimates of expenditures required in his DepartJune 2, 1858, c. ment during the year then approaching, shall designate not only the amount required to be appropriated for the next fiscal year, but also the amount of the outstanding appropriation, if there be any, which will probably be required for each particular item of expenditure. Sec.3665, R.S. Manner of communicating estimates. Aug. 26, 1842, c. 67. The heads of Departments, in communicating estimates of expenditures and appropriations to Congress, or 202, s. 14, v. 5, p. to any of the committees thereof, shall specify, as nearly e. 129, s. 3, v. 18, p. as may be convenient, the sources from which such estiSec.3960, R.S. mates are derived, and the calculations upon which they 525; Mar. 3, 1875, 370. Estimates for printing and 82. May 8, 1872, c. are founded, and shall discriminate between such estimates as are conjectural in their character and such as are framed upon actual information and applications from disbursing officers. They shall also give references to any law or treaty by which the proposed expenditures are, respectively, authorized, specifying the date of each, and the volume and page of the Statutes at Large, or of the Revised Statutes, as the case may be, and the section of the act in which the authority is to be found.1 68. The head of each of the Executive Departments, binding. and every other public officer who is authorized to have 140, s. 2, v. 17, p. printing and binding done at the Congressional Printing Sec. 3661, R.S. Office for the use of his Department or public office, shall include in his annual estimate for appropriations for the next fiscal year such sum or sums as may to him seem The policy of Congress in respect to annual appropriations is contained in sections 3660, 3664, 3665, 3675, 3678, 3679, and 3690 of the Revised Statutes. A reading of their provisions will show conclusively, we think, that Congress has restricted in every possible way the expenditures and expenses and liabilities of the Government, so far as executive officers are concerned, to the specific appropriations of each fiscal year. Wilder . U. S., 16 Ct. Cls., 528, 543. The estimates must relate to expenditures based upon the enactments of Congress and not to the payment of damages. Pitman v. U. S., 20 ibid., 253, 256. And to expenditures for the public service during the ensuing fiscal year. McCallum v. United States, 17 ibid., 92; Conn. Mut. Life Ins. Co. v. U. S., 21 ibid., 195, 200. |