The committee submit to the House the following propositions as conclusions at which they have arrived as to this point: 1. When a member-elect of Congress has drawn the salary or pay for any other office, for any time after the 4th of March preceding his entering upon his duties as a member of Congress, he should not receive any compensation as a member of Congress for that same time. 2. The act of 31st August, 1852 (1 Brightly, 821), which is relied on as prohibiting [the member] from receiving the $3,000, does not apply to "duties" or services for which there was no officer provided by law whose duty it was to discharge them, and which duties were, in their nature and in law, such that "some other person" than an officer might legally discharge them. * ** 3. The duties discharged by [the member] were duties for the doing of which the law had not provided nor paid any other officer, and charged such officer, as part of his official duty at that time and place, to enter upon and do. But, on the other hand, they are services which in their nature and under existing law (1 Brightly, 79 and 80) some other person than a judge-advocate could do. The law expressly permitted some person not a judge-advocate, and "detailed by him," and "officiating as such," to discharge them. 4. The law, or military regulations in pursuance of law, may confer upon private individuals not officers powers similar to those usually exercised by officers, such as that of issuing subpœnas, swearing witnesses, &c. Such is common in regulations touching elections, special commissions, the duties in some of the States of attorneys, of grand jurors, and the like. These conferments of such temporary or limited powers do not, in the sense of the Constitution and laws of the United States, necessarily constitute the recipient of them "officers" nor make their duties those of "any office." * * * [The member's] services in the Haddock trial were not "the duties of any other office" within the meaning of the act of 1852, and he was entitled to compensation therefor the same as for any private service rendered by him in his profession. His having, therefore, received this money as the ordinary earnings of his profession, its receipt no more requires him to decline to draw his salary for that time than the collection of any of his other earnings during that time requires it In view of all the considerations thus presented it is clear that the claimant, Mr. Crowley, is entitled to payment. TREASURY DEPARTMENT, First Comptroller's Office, December 31, 1882. 1. Moneys recovered on information paid into Treasury without...... Abbreviation 212 1. Of drafts by officers or agents cannot bind Government. Acceptor 18 Accord and Satisfaction-(See Balance; Payment; Salary; Set-off.) 1. Amounts awarded and certified to be paid on account of the illness and Accounting Officer Page. 1. As to power of, over settlement of contracts for carrying mails.... 9 10. As to conclusiveness of judgment in United States courts. XXIX 11. As to control of, by writ of injunction... XXXVI 12. As to effect of judicial interference with action of, on claims XXXIV 18. Cannot declare forfeitures of rights in which the Government has no in 28. Judicial proceedings as to transfers or payments of bonds. XXXIV 33. Of Treasury, judges of law and fact on claims and accounts 2 37. Settle principles of law which are recognized by courts. XLII 38. Statement of, against depositary 187 39. When required to accept as valid claims allowed by other officers...... 135 26. Of Treasurer of the United States, stated by First Auditor. 200 2. Creating office chief supervisor of elections 3. Providing for publication of laws of the United States. 154 V 4. Relating to courts and judicial officers in Utah Territory, when ap 9. September 24, 1789, civil jurisdiction of commissioners. 89 10. September 24, 1789, duty of marshal. 89 11. September 24, 1789, marshal, sheriff.. 75 15. May 8, 1792, authorizing persons to perform duties of heads of Depart ments 69 |