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A79216 1 (1903-06-21)

handle is hein.gao/gaobadacv0001 and id is 1 raw text is: 


804


DECISIONS  OF  THE  COMPTROLLER.


Commerce   and Labor, and thus come  within the jurisdiction
of that Department.
  I am therefore of opinion that the Auditor for the State and
other Departments   is not required by section 2, supra, to
receive and examine  accounts  for disbursements  made  by
other Departments  or establishments for expenses in connec-
tion with those offices, etc., or for the compensation of the
officers and employees thereof while such offices, etc., shall
remain  a part of such other Departments or establishments;
but that he is required by that section to receive and examine
all accounts of the Department of Commerce  and  Labor for
disbursements  for expenses in connection with those offices,
etc., and for the compensation.of the officers and employees
thereof after those offices, etc., shall have been transferred to
said Department;  or, in other words, that all payments made
by disbursing officers of the Treasury Department not later
than June  30, 1903, in connection with  those offices, etc.,
shall be settled by the Auditor for that Department; and that
all payments made  by disbursing officers of the Interior De-
partment  not later than June 30, 1903, in connection there-
with shall be settled by the Auditor for that Department; but
that all accounts for payments made by disbursing officers of
the Department  of Commerce   and Labor  shall be settled by
the Aiditor for the State and other Delartments.
  As indicated supra, the act of March 3, 1903, provides that
the compensation of all persons transferred thereunder shall
be credited and disbursed by the Department   of Commerce
and  Labor.  This provision refers to particular employees
of the Treasury  Department,   which  the Secretary of the
Treasury  is directed to transfer to said Department before
July 1, 1903.  I am also of opinion that the Auditor for the
State and other Departments is required by section 2, supra,
to receive and examine all accounts for disbursements made
by said Department   for the compensation of the employees
referred  to who  shall be transferred to said Department
before July 1, 1903.


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PURCHASE   OF  LAND.


805


PURCHASE OF LAND FOR A NAVAL STATION ON
             THE   ISLAND OF CULEBRA.
The provision in the Navy emergency appropriation to be expended at
   the discretion of the President operates to except expenditures there-
   under from the operation of the provision in section 3736, Revised
   Statutes, that no land shall be purchased on account of the United
   States except under a law authorizing such purchase, and the appro-
   priation is therefore applicable, in the discretion of the President, to
   the purchase of land for a naval station on the island of Culebra, West
   India Islands.

(Assistant Comptroller JEitchcl to te Secretary q/ the Navy,
                      June 2, 1903.)
  Ib your communication  of June 18, 1903, you request my
decision of a question which you present as follows:
  A  number  of guns have, by naval authority, been mounted
on the island of Culebra, West Indies, for the protection of
that island, in connection with its use as a naval base and
coaling station. Many  of these guns  are on private land,
having  been placed there by permission of the landowners
under the supposition that the arrangement was to be tempo-
rary only.  It has been decided, however, that the occupation
of this land for this purpose must  be permanent, and  the
property owners  are seeking reimbursement in the form  of
rent or purchase of the tracts by the Government. The total
value of the lands used is $449.50. The President has been
asked for an allotment of $500 from the emergency fund  to
cover the proposed purchase and incidental expenses.
   Under  the circumstances above recited, your opinion is
requested as to whether the proposed purchase can be made,
assuming that the authority will be granted by the President.
   Your ruling is requested at this time in view of the fact
that it is desirable to consummate the purchase, if it may
legally be done, before the expiration of the current fiscal
year, and it is accordingly requested that response may be
made  to this inquiry at as early a date as you may find con-
venient.
  The appropriation to which you refer is as follows:
  To  meet unforeseen contingencies for the maintenance of
the Navy constantly arising, to be expended at the discretion
of the President, one hundred  thousand dollars. *  *  *
(Act of July 1, 1902, 32 Stat., 663.)
  An  appropriation in precisely the same terms, except that
the amount appropriated  is only $25,000, is contained in the


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